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Another day, another lawsuit

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An attorney suing the governor on behalf of businesses impacted by COVID-19 executive orders that shut down parts of the economy said when the government takes something, it must pay just compensation and he wants a jury to determine what the compensation should be.

Attorney Alan Bruggeman of Mokena represents businesses impacted by Illinois Gov. J.B. Pritzker’s stay-at-home orders and subsequent COVID-19 restrictions. He said it’s about fairness.

The federal lawsuit includes restaurateurs, salon owners, vehicle maintenance shops and others who claim they were negatively impacted by the COVID-19 executive orders in Illinois. Bruggeman said the case is important because the state can’t just decide what business is and isn’t essential as the orders did. […]

The state through the Illinois Attorney General motioned to have the case dismissed. In one count in the motion to dismiss, the Illinois Attorney General said “Plaintiffs’ claims are barred by the Eleventh Amendment as Plaintiffs cannot seek damages in Federal Court against the State or the Governor in his official capacity.”

posted by Rich Miller
Thursday, Aug 13, 20 @ 10:40 am

Comments

Is he infringing on Tom Devore’s turf?

Comment by Bruce( no not him) Thursday, Aug 13, 20 @ 10:51 am
Vehicle maintenance shops?? I thought those were considered “essential” from day one…

Comment by Stu Thursday, Aug 13, 20 @ 10:56 am
11th Amendment:

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Lionel Hutz: This all goes back to the Frank Wallbanger case of ‘78. How about that! I looked something up! These books behind me don’t just make the office look good, they’re filled with useful legal tidbits just like that!

Comment by Paddyrollingstone Thursday, Aug 13, 20 @ 11:00 am
If Bruggeman is really concerned about small businesses, why isn’t he suing Mitch McConnell? After all, Majority Leaders McConnell held up the latest federal relief bill for months so he could demand specific spending his campaign contributors wanted like $676 million on new fighter jets.

That $676 million could be put to better use providing over 27,000 small business owners with $25,000 grants to help with expenses during the crisis.

Comment by Dance Band on the Titanic Thursday, Aug 13, 20 @ 11:14 am
Is this doofus trying to apply the principle of eminent domain here? And is wasn’t Pritzker who “just decided” which businesses were essential. That list was developed by Homeland Security if I remember correctly.

Comment by Cubs in '16 Thursday, Aug 13, 20 @ 11:21 am
The AG is not wrong. Is plaintiffs can’t make a more persuasive argument, their 15 minutes are about up.

Comment by Socially DIstant Watcher Thursday, Aug 13, 20 @ 11:39 am
=== The federal lawsuit includes restaurateurs, salon owners, vehicle maintenance shops and others who claim they were negatively impacted by the COVID-19 executive orders in Illinois. Bruggeman said the case is important because the state can’t just decide what business is and isn’t essential as the orders did===

A national shut down order for 6-8 weeks, “PPP”, rent/mortgage relief for 90 days, Unemployment relief extended 180 days… this *all* coulda been past us.

This doesn’t look too compelling of a case , sadly, as a global pandemic and health is at play too.

Comment by Oswego Willy Thursday, Aug 13, 20 @ 11:42 am
“Is this doofus trying to apply the principle of eminent domain here?”

It would seem so…ridiculously.

The actions taken by Governor Pritzker were to protect public safety…period.

Comment by Dotnonymous Thursday, Aug 13, 20 @ 12:19 pm
I actually think this should be a federal issue since it was the feds who made the decision. And the state for any longer than recommended using the metrics created by the CDC at the start of the shutdown.

But any PPP money should count toward the amount and only average net income from last year should be considered for compensation. It might be a backwards way of doing it but it is a good idea to get money in the hands of bar owners, bowling alley owners etc.

Comment by cermak_rd Thursday, Aug 13, 20 @ 12:50 pm
I feel for these businesses if they’ve been foolish enough to believe that Alan Bruggeman will recover anything from this. Hopefully legal fees are tied to a recovery.

Comment by Pundent Thursday, Aug 13, 20 @ 1:39 pm
Imagine for a moment that plaintiffs win and are entitled to claim business losses as damages. The floodgates then open to everyone in Illinois who has sustained business losses. The state would be on the hook for billions of dollars in damages. And while some shortsighted people cheer for these plaintiffs, they forget that the state would pay out these claims by raising taxes. Of course, it’s all academic because these guys aren’t going to recover business losses. And, Bruggeman ain’t exactly a top lawyer. Finally, this case is in front of a judge who already rejected a coronavirus lawsuit previously.

Comment by I am Batman Thursday, Aug 13, 20 @ 2:58 pm