U.S. Supreme Court Denies Certification Of Arbitrator Partiality Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on May 16 said it would not hear a challenge to a Seventh Circuit U.S. Court of Appeals decision regarding arbitrator partiality ( Trustmark Insurance Company v. John Hancock Life Insurance Company , No. 10-1213, U.S. Sup.). Trustmark Insurance...

7th Circuit: Chicago Must Hire 111 Black Firefighters

CHICAGO - (AP) A federal appeals court ruled on Friday that the Chicago Fire Department must hire 111 African Americans who passed a firefighters entrance exam 16 years ago and pay millions of dollars to thousands more who took and passed the same test. The Seventh U.S. Circuit Court of Appeals ruling...

ABA Public Utility, Communications And Transport Labor Committee Spring 2011 Report

By the American Bar Association Section of Public Utility Excerpt: I. EMPLOYMENT LAW DEVELOPMENTS A. Title VII 1. Third Circuit Holds that Lilly Ledbetter Fair Pay Act Does Not Apply to Title VII Failure-to-Promote Claims In Noel v. The Boeing Company [ enhanced version available to lexis.com subscribers...

Split High Court Upholds 7th Circuit's FELA Causation Standards Ruling

WASHINGTON, D.C. - (Mealey's) A split U.S. Supreme Court on June 23 upheld the Seventh Circuit U.S. Court of Appeals' determination that Rogers v. Missouri Pacific R. Co. (352 U.S. 500) relaxed the proximate cause requirement in Federal Employers' Liability Act (FELA) cases and that a trial...

Keller And Heckman LLP: 7th Circuit Affirms Federal Law Barred Non-Identical State Law Food Labeling Requirements

On October 17, 2011, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of Turek v. General Mills, Inc. and Kellogg Co. , No. 10-3267, Slip op. (7th Cir. October 17, 2011), by the U.S. District Court for the Northern District of Illinois, Eastern Division. In its disposition of...

SNR Denton On Kartman v. State Farm: No Bad Faith Liability Unless Some Benefits Improperly Delayed Or Denied

By William T. Barker, Partner, SNR Denton In Kartman v. State Farm Mutual Automobile Insurance Co. , the Seventh Circuit reversed certification of a class action for allegedly improper adjustment of claims for hailstorm damage to insureds' roofs. In the process, it added weight to the already...

Williams Mullen: Corporate Spin-Off, New Retirement Plan Did Not Violate Employees’ Rights Under ERISA

Nauman v. Abbott Laboratories , No. 10-2272 (7th Cir. February 3, 2012) B y Mark S. Thomas and Robert W. Shaw The U. S. Court of Appeals for the Seventh Circuit has affirmed a trial judgment against a class of former employees of Abbott Laboratories ("Abbott"), ruling against their...

U.S. Supreme Court: U.S. Solicitor General May Take Part In RadLAX Arguments

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 2 granted the U.S. solicitor general leave to participate in oral arguments in a case in which a creditor bank argues that the Bankruptcy Code precludes confirmation of a hotel chain's Chapter 11 plan that proposes to sell collateral...

Ballard Spahr LLP: 3rd Time The Charm For 'Copycat' Class Action

By Sarah T. Reise In a decision sure to encourage the practice of filing of "copycat" class actions, the Seventh Circuit Court of Appeals has ruled that a class was properly certified even though other two judges in the same federal district had previously refused to certify the proposed...

7th Circuit Says Motion To Consolidate Depakote Suits Triggers CAFA Jurisdiction

CHICAGO - Resolving a split between two district courts, the Seventh Circuit U.S. Court of Appeals on Oct. 16 ruled that plaintiffs' motions to consolidate 10 Illinois state court cases involving Abbott Laboratories' anti-seizure drug Depakote were sufficient to create a mass action that makes...

High Court Agrees to Hear Appeal Of Ruling On Government Workers' Age Discrimination Claims

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 18 agreed to hear the appeal of a Seventh Circuit U.S. Court of Appeals ruling that state and local government employees may bring age discrimination claims directly under the Equal Protection Clause of the 14th Amendment to the U.S. Constitution...

U.S. Supreme Court Vacates Moldy Washer Ruling In Light Of Comcast

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 3 granted a petition for writ of certiorari in the appeal of a Seventh Circuit U.S. Court of Appeals decision to overturn denial of class certification in a suit over mold growth in certain front-loading automatic washers and remanded the...

Williams Mullen:Court Holds that Erroneous Advice about Medical Benefits Coverage Can Expose Plans to Liability

By Mark S. Thomas and Robert W. Shaw In Kenseth v. Dean Health Plan, Inc. , No. 11-1560 (June 13, 2013) [ Enhanced opinion available to lexis.com subscribers], the Seventh Circuit Court of Appeals reviewed the scope of equitable remedies available under ERISA and determined that the erroneous advice...

AbbeySpanier LLP: 9th Circuit Revives HAMP Claims Against Wells Fargo

In Corvello v. Wells Fargo Bank, NA , 11-16234, 11-16242, 2013 WL 4017279 (9th Cir. Aug. 8, 2013) (a copy of the opinion can be found here ), the Ninth Circuit reversed the lower Court’s dismissal of two consolidated class action complaints, holding that if a borrower complies with a standardized...

Abbey Spanier LLP: 3rd Circuit Joins 7th, 9th Circuits Holding That Federal Common Law Standard For Successor Liability Applies To FLSA Claims

Last week, the Third Circuit issued a precedential decision holding that the federal common law standard for successor liability is applicable to claims brought under the Fair Labor Standards Act [ enhanced opinion available to lexis.com subscribers ]. The plaintiff filed a class and collective action...

William A. Ruskin: Comcast Corp. v. Behrend's Impact In Toxic Tort Litigation

By William A. Ruskin I have written about how the U.S. Supreme Court's decision in Comcast v. Behrend has had the practical result of raising the bar for class certification and leveling the playing field for corporate defendants [ enhanced opinion available to lexis.com subscribers ]. Until recently...

Williams Mullen: 7th Circuit Interprets ERISA’s Statute of Limitations for Fiduciary Breach: Fish v. GreatBanc Trust Company

By Mark S. Thomas and Robert W. Shaw The Seventh Circuit Court of Appeals in Fish v. GreatBanc Trust Company , No. 12-3330 (7th Cir. May 14, 2014) [ enhanced opinion available to lexis.com subscribers ], has issued a decision that clarifies the rules for suits for fiduciary breach under ERISA. The decision...

Foley & Lardner LLP: A Jurisdictional Twist: 7th Cir. Holds That District Court Had Supplemental Jurisdiction Over Federal Claim and Original Jurisdiction Over State Claim

By Eric G. Pearson There’s nothing inherently unique about the substantive issues in Burzlaff v. Thoroughbred Motorsports, Inc. , No. 13-2520 (July 10, 2014) , a decision released [July 10] by the Seventh Circuit [ enhanced opinion available to lexis.com subscribers ]. The plaintiff, Ronald...