CHICAGO - A mixed verdict in a copyright and trademark infringement case that "reflected a great deal of care and discernment" should stand, an Illinois federal judge ruled Dec. 5 (Games Workshop Ltd. v. Chapterhouse Studios LLC, No. 10-8103, N.D. Ill.).
CHICAGO - A federal judge in Illinois on Dec. 2 denied the Federal Deposit Insurance Corp.'s motion to dismiss a countercomplaint in a suit arising from a foreclosure related to a loan from Integra Bank, which subsequently failed, finding that the counterclaim was timely filed (Federal Deposit Insurance Corp. v. Deborah Hillgamyer, et al., No. 11-7502, N.D. Ill.; 2013 U.S. Dist. LEXIS 169784).
CHICAGO - The First District Illinois Appellate Court on Nov. 22 affirmed summary judgment for a municipality named as the defendant in a slip-and-fall injury action, agreeing that the plaintiff was not in a pedestrian crosswalk at the time of her accident (Yvonne Harden v. The City of Chicago, No. 1-12-0846, Ill. App., 1st Dist., 5th Div.; 2013 Ill. App. LEXIS 818).
CHICAGO - A federal judge in Illinois on Nov. 22 refused to dismiss the Federal Deposit Insurance Corp.'s suit alleging that the members of a bank's loan committee acted negligently with regard to the bank's loans, ruling that the defendants' statute of limitations arguments fail (Federal Deposit Insurance Corp. v. Elbert Elmore, et al., No. 13-1767, N.D. Ill.; 2013 U.S. Dist. LEXIS 166259).
SPRINGFIELD, Ill. - In a Dramshop Act case involving the Illinois Insurance Guaranty Fund (IIGF), substituting for an insolvent insurer, the Illinois Supreme Court on Nov. 21 held that the reduction for "other insurance" recoveries under Illinois Insurance Code Section 546(a) does not apply against a jury's verdict or against an insured's maximum statutory liability (Roy Dean Rogers II, et al. v. Gani Imeri, individually and d/b/a Johnny's Bar and Grill, No. 115860, Ill. Sup.; 2013 Ill. LEXIS 1371).
CHICAGO - Ruling that consumers have failed to show that a debt collector used the same message on an automatic dialing system to collect on each of the consumer's debts, a federal judge in Illinois on Nov. 19 declined to reconsider his ruling dismissing their amended complaint (Glenn Childress v. Midland Funding LLC, No. 13-7542, N.D. Ill.; 2013 U.S. Dist. LEXIS 164595).
CHICAGO - A federal judge in Illinois dismissed a shareholder suit against a company and certain of its directors and officers on Nov. 18, holding that the directors' and officers' actions did not amount to a breach of their fiduciary duty (James Becker, et al. v. Inland American Real Estate Trust, Inc., et al., No. 13-cv-03128, N.D. Ill.; 2013 U.S. Dist. LEXIS 163878).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Nov. 15 reinstated an Illinois man's complaint against an employer alleging that he was denied a position as a truck driver based on his race and age, after determining that his attempts to amend his complaint were not untimely (Eddie L. Rainey v. Lipari Foods, Inc. and Thom Lipari, No. 13-2225, 7th Cir.; 2013 U.S. App. LEXIS 23056).
SPRINGFIELD, Ill. - A pollution exclusion clause in an umbrella policy does not bar coverage for underlying claims arising out of the operation of a confinement hog farm because the smells emanating from the farm are not pollutants, the Fourth District Illinois Appellate Court said Nov. 13 (Country Mutual Insurance Co. v. Hilltop View LLC, et al., No. 4-13-0124, Ill. App., 4th Dist.; 2013 Ill. App. LEXIS 788).
ELGIN, Ill. - The Second District Illinois Appellate Court on Nov. 18 affirmed summary judgment for a retailer named as a defendant in a premises liability action, agreeing that the defendant's duty to business invitees ends once a patron leaves the physical boundaries of the store and enters into the common area of the shopping center (Susan Hougan, et al. v. Ulta Salon, Cosmetics & Fragrance Inc., No. 2-13-0270, Ill. App., 2nd Dist.; 2013 Ill. App. LEXIS 793).
SPRINGFIELD, Ill. - A woman's evidence of parallel conduct falls short of the "clear and convincing" standard needed to prevail on summary judgment motions filed by asbestos conspiracy defendants, an Illinois appeals court held Nov. 15 (Carolyn Garrelts v. Honeywell International Inc., et al., No. 4-12-0997, Ill. App., 4th Dist.; 2013 Ill. App. Unpub. LEXIS 2594).
EDWARDSVILLE, Ill. - A Madison County, Ill., jury on Nov. 15 returned a defense verdict for Georgia-Pacific LLC, rejecting a man's claim that he contracted mesothelioma after more than a decade of exposure to its products as a carpenter, sources told Mealey Publications (James Reef v. Georgia-Pacific LLC, No. N/A, Ill. Cir., Madison Co.).
EAST ST. LOUIS, Ill. - A woman's claims that Georgia-Pacific LLC sold asbestos and asbestos-containing products during a man's service in the U.S. Navy sufficiently details the claims against the company, an Illinois federal judge held Nov. 13 in denying a motion for a more definitive statement (Candace Dryfka v. Trane US Inc., et al., No. 13-1019, S.D. Ill.; 2013 U.S. Dist. LEXIS 161827).
CHICAGO - A federal magistrate judge in Illinois on Nov. 12 refused to strike a defendant's answer and affirmative defenses to a breach of contract suit and denied a request to preclude the defendant from offering any evidence in support of his claims as a sanction for his failure to bring requested documents with him to his deposition (Robert P. Maher, et al. v. The Rowen Group Inc., d/b/a Playroom Entertainment, et al., No. 12 C 7169, N.D. Ill.; 2013 U.S. Dist. LEXIS 160939).
CHICAGO - The Illinois Insurance Guaranty Fund (IIGF) failed to assert a reimbursement claim against a borrowing employer's insurer for workers' compensation benefits paid to an injured worker after the insurer for the lending employer that was obligated to make payments was liquidated, an Illinois appeals panel affirmed Nov. 12 (Illinois Insurance Guaranty Fund v. Liberty Mutual Insurance Co., et al., No. 1-12-3345, Ill. App., 1st Dist., Div. 2; 2013 Ill. App. LEXIS 779).
EAST ST. LOUIS, Ill. - One of two oil companies sued over allegations that their Wood River Oil Refinery contaminated an Illinois village's land, air and water with benzene and other cancer-causing hydrocarbons resolved claims with the village Nov. 12 in Illinois federal court (Village of Roxana v. ConocoPhillips Company, et al., 3:12-cv-338, S.D. Ill.).
CHICAGO - Fintec Group Inc., a commodities broker that did business with bankrupt Peregrine Financial Group Inc., on Nov. 11 filed a putative class action against US Bank NA in the U.S. District Court for the Northern District of Illinois, alleging that it was complicit in the fraud perpetrated by Peregrine, which misappropriated $200 million in customer-segregated funds (Fintec Group Inc. v. US Bank NA, No. 13-08076, N.D. Ill.).
CHICAGO - An Illinois federal judge on Nov. 7 refused to dismiss a commercial general liability insurer's argument that an underlying recovery-of-benefits claim against its insured is excluded from coverage because it is not based on a "negligent act, error or omission" (ISOP v. Oce-USA Holdings Inc., No. 12 C 04713, N.D. Ill.; 2013 U.S. Dist. LEXIS 159494).
CHICAGO - A plaintiff company in a trade secret misappropriation case was ordered by a federal judge in Illinois on Nov. 8 to submit a declaration or affidavit explaining if any of its client's officers or employees were provided with the defendants' confidential financial information that was erroneously attached as an exhibit to a motion for a preliminary injunction (Instant Technology LLC v. Elizabeth Defazio, et al, No. 12 C 491, N.D. Ill.; 2013 U.S. Dist. LEXIS 160251).
CHICAGO - An Illinois federal judge on Nov. 8 denied a motion to dismiss a class complaint accusing a motel chain of privacy violations related to its installation of a monitoring and recording system on its phone system (Robert C. Burrow, et al. v. Sybaris Clubs International, Inc., et al., No. 13-2342, N.D. Ill.; 2013 U.S. Dist. LEXIS 159817).
TALLAHASSEE, Fla. - The First District Florida Court of Appeal on Nov. 6 reversed a trial court's ruling that a mandatory forum selection clause was unreasonable to include in a storage tank liability insurance policy because the insured failed to provide evidence supporting the unreasonableness of including the clause in the policy (Illinois Union Insurance Co. v. Co-Free Inc., No. 1D13-927, Fla. App., 1st Dist.; 2013 Fla. App. LEXIS 17697).
CHICAGO - A federal judge in Illinois on Nov. 7 held that emails containing communications among members of the band A Day to Remember, its attorneys and their personal manager were not protected from disclosure because the personal manager was not a consultant for the purposes of determining privilege (Joshua Woodard, et al. v. Victory Records Inc., et al., No. 11 CV 7594, N.D. Ill.; 2013 U.S. Dist. LEXIS 159498).
CHICAGO - An Illinois federal judge on Nov. 7 dismissed a suit alleging the false billing of Medicare and Medicaid claims, saying that the relator failed to support any of his allegations (United States of America, et al. v. Ukrainian Village Pharmacy, et al., No. 09-7891, N.D. Ill.; 2013 U.S. Dist. LEXIS 159492).
CHICAGO - An Illinois federal judge on Nov. 7 declined to grant summary judgment motions brought by both sides in a reimbursement dispute between chiropractors and a group of insurance companies (Pennsylvania Chiropractic Association, et al. v. Blue Cross Blue Shield Association, et al., No. 09-5619, N.D. Ill; 2101 U.S. Dist. LEXIS 159331).
OTTAWA, Ill. - A trial judge erred in dismissing a builder's counterclaims against an insurer for its alleged breach of contract and bad faith in denying coverage for a roof collapse at a grain storage facility, an Illinois appeals panel found Nov. 4, reversing and remanding the judge's decision (Selective Insurance Company of South Carolina v. Cherrytree Companies Inc. d/b/a Macon General Contractors, No. 3-12-0959, Ill. App., 3rd Dist.).