LATEST SUMMARIES

CIVIL PROCEDURE, CIVIL RIGHTS, HEALTH LAW, LABOR & EMPLOYMENT LAW
• Dargis v. Sheahan

CIVIL RIGHTS, COMMERCIAL LAW, CONSTITUTIONAL LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
• General Auto Serv. Station v. City of Chicago

LATEST SUMMARIES

CIVIL PROCEDURE, CIVIL RIGHTS, HEALTH LAW, LABOR & EMPLOYMENT LAW
Dargis v. Sheahan, No. 05-2575
In an action under the Americans with Disabilities Act and other state laws, dismissal of the claims based on a refusal to exercise supplemental jurisdiction, as well as an order directing defendant to hold a hearing on plaintiff's employment status, are affirmed where: 1) plaintiff failed to establish a prima facie case under the ADA since he could not show that he could perform the essential functions required by the position; 2) an order for a hearing is a proper remedy for a due process violation since awarding damages might produce a windfall for plaintiff; 3) a refusal to exercise supplemental jurisdiction over state law claims was proper; and 4) a motion to alter or amend the judgment was properly denied since there is no basis to do so. Read more...

CIVIL RIGHTS, COMMERCIAL LAW, CONSTITUTIONAL LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
General Auto Serv. Station v. City of Chicago, No. 05-2515, 06-2672
In a 42 U.S.C. section 1983 action against the City of Chicago over the removal of an advertising sign, judgment for defendant is affirmed where: 1) as plaintiff's predecessor failed to obtain certain requisite permits in the 1960s and 70s, the sign was not a legal land use that gave rise to a protected property interest; 2) absent such a vested property right, a substantive due process challenge to zoning ordinance amendments failed; 3) plaintiff failed to show how the First Amendment was implicated by the content-neutral provisions of a grandfather provision; and 4) a procedural due process claim was waived. Read more...