CHICAGO - An Illinois federal judge on Jan. 17 granted summary judgment in favor of a claims administrator in a wrongful denial of health care benefits case, saying the plaintiffs sued the wrong party (American Service and Product Inc., et al. v. Aetna Health Insurance Co., No. 10-7055, N.D. Ill.; 2013 U.S. Dist. LEXIS 6883).
CHICAGO - An Illinois appeals panel on Jan. 17 ruled that a lawyers professional liability insurer has no duty to defend an attorney and his law firm against underlying civil conspiracy claims, reversing a lower court's finding that a policy exclusion applies only to the attorney and not to the law firm (American Zurich Insurance Company v. Wilcox and Christopoulos, L.L.C. n/k/a The Christopoulos Law Firm, et al., No. 1-12-0402, Ill. App., 1st Dist., 4th Div.; 2013 Ill. App. LEXIS 23).
CHICAGO - Finding that Deckers Outdoor Corp. is likely to establish a prima facie case of trademark infringement and cyberpiracy over the operators of websites purportedly selling counterfeit UGG products, an Illinois federal judge on Jan. 16 granted the high-end footwear seller's motion for a preliminary injunction to prevent further operation of those websites (Deckers Outdoor Corp. v. Does 1-100, No. 1:12-cv-10006, N.D. Ill.; 2013 U.S. Dist. LEXIS 6404).
CHICAGO - A company's directors and officers said in an Illinois federal court on Jan. 15 that two shareholders' derivative lawsuit should be dismissed because the shareholders allegedly failed to show that presuit demand upon the company's board would have been futile (Marvin H. Maurras Revocable Trust, et al. v. Edgar M. Bronfman, Jr., No. 12-cv-03395, N.D. Ill.).
HONOLULU - A federal judge in Hawaii on Jan. 14 refused to certify a question to the state's high court regarding "products-completed operations hazard" (PCOH) provisions in insurance policies that an insured says cover alleged construction defects claims (Illinois National Insurance Co., et al. v. Nordic PLC Construction Inc., No. 11-00515, D. Hawaii; 2013 U.S. Dist. LEXIS 5429).
PEORIA, Ill. - A retail sales representative provided enough direct evidence to allow his age discrimination claim against his former employer to be decided by a jury, an Illinois federal judge held Jan. 15 in denying the employer's bid for summary judgment (Michael R. Tuttle v. Serv-U-Success, No. 10-1426, C.D. Ill.; 2013 U.S. Dist. LEXIS 5514).
CHICAGO - A federal judge in Illinois on Jan. 16 denied dismissal of a suit the Federal Deposit Insurance Corp., as the receiver for a failed bank, filed against former officers and directors of the bank to recover approximately $114 million in the bank's loan losses, finding that the FDIC has sufficiently pleaded its claims to survive motions to dismiss (Federal Deposit Insurance Corp. v. Demetris Giannoulias, et al., No. 12-01665, N.D. Ill.; 2013 U.S. Dist. LEXIS 6648).
CHICAGO - Injuries resulting from the collapse of a porch arose out of a single accident and, thus, arose out of a single "occurrence" under a comprehensive general liability insurance policy, an Illinois appeals panel ruled Jan. 11, affirming summary judgment to the insurer (Jean Ware, as personal representative of the estate of Kelly McKinnel, deceased, et al. v. First Specialty Insurance Corp., No. 1-11-3340, Ill. App., 1st Dist., 5th Div.; 2013 Ill. App. LEXIS 12).
CHICAGO - A federal judge in Illinois on Jan. 11 denied a reinsurer's motion for reconsideration of a summary judgment regarding a negligence counterclaim, noting that the motion for reconsideration did not bring up anything new (Arrowood Indemnity Company, et al v. Assurecare Corporation, No. 11-cv-05206, N.D. Ill.).
CHICAGO - A federal judge in Illinois on Jan. 10 ruled that an insurance settlement between a debtor and one of its insurers related to asbestos coverage was proper despite a separate insurer's contention that the settlement would increase its own liability related to asbestos claims Columbia Casualty v. C.P. Hall Company $(In Re: C.P. Hall Co.$), No. 12-2978, Chapter 11, N.D. Ill.; 2013 U.S. Dist. LEXIS 3867).
CHICAGO - A federal judge in Illinois on Jan. 4 ruled that FCStone Inc., a creditor in the Chapter 11 bankruptcy of financial management company Sentinel Management Group Inc., had to return more than $15.57 million to the Sentinel Liquidation Trust (Frederick J. Grede v. FCStone Inc., No. 0-136, N. D. Ill.).
CINCINNATI - An insurer has a duty to defend its private adoption agency insured in an underlying lawsuit stemming from foster abuse claims, the Sixth Circuit U.S. Court of Appeals ruled Jan. 7, reversing and remanding a lower federal court's finding that the insurer had no duty to contribute to the underlying defense and indemnification costs (Auto-Owners Insurance Co. v. Illinois National Insurance Co., No. 12-3095, 6th Cir.).
CHICAGO - A former public relations director for a hotel who says that she was let go because she got pregnant provides enough direct evidence of discriminatory statements to allow her sex and pregnancy discrimination claims against the hotel to be heard by a jury, an Illinois federal judge held Jan. 4 (Bridget Quinlan v. Elysian Hotel Company LLC, No. 11-5956, N.D. Ill.; 2013 U.S. Dist. LEXIS 1698).
CHICAGO - A federal judge in Illinois on Jan. 2 denied a bank's motion to dismiss a couple's lawsuit over its refusal to permanently modify their home mortgage loan despite being qualified for such relief and threatened defense attorneys with sanctions for their failure to acknowledge the Seventh Circuit U.S. Court of Appeals' ruling in Wigod v. Wells Fargo Bank, N.A. (2012 U.S. App. LEXIS 4714 [7th Cir.]) in their opening brief (Charles Thul, et al. v. OneWest Bank FSB, d/b/a IndyMac Mortgage Services, No. 12 C 6380, N.D. Ill.; 2013 U.S. Dist. LEXIS 108).
CHICAGO - A federal judge in Illinois properly concluded that shutdown agreements between Canadian and American producers of sulfuric acid were subject to the rule of reason rather than per se theory of liability on the American producers' class claims that the agreements violated federal antitrust law, the Seventh Circuit U.S. Court of Appeals ruled Dec. 27 (In re: Sulfuric Acid Antitrust Litigation [Appeal of: Ohio Chemical Services, et al.; Cross-Appeal of: Falconbridge, Ltd., et al.], Nos. 12-1109, 12-1224, 7th Cir.; 2012 U.S. App. LEXIS 26434).
CHICAGO - An Illinois federal judge on Dec. 27 denied a law firm insured's motion to reconsider a ruling dismissing its breach of contract and bad faith claims against its insurer stemming from the insurer's denial of coverage for a secretary's theft of $880,000 from an attorney's personal bank account (Sperling & Slater v. Hartford Casualty Insurance Company, No. 12 C 761, N.D. Ill., Eastern Div.; 2012 U.S. Dist. LEXIS 181944).
CHICAGO - A unanimous Fourth Division First District Illinois Appellate Court panel posted an opinion Dec. 27 overturning a $32 million judgment against the manufacturer of diacetyl and remanded the personal injury claims of the plaintiff for retrial on the issues of liability and damages (Gerardo Solis v. BASF Corp., No. 11-875, Ill. App., 1st Dist., 4th Div.; 2012 IL App. [1st] 110875).
CHICAGO - An Illinois federal judge on Dec. 31 denied a motion to dismiss a class complaint accusing Caribbean Cruise Line Inc. (CCL) and several other companies of making unsolicited phone calls to people's cell phones using automated dialing technology or artificial or prerecorded voices in violation of the Telephone Consumer Protection Act (TCPA) (Grant Birchmeier, et al. v. Caribbean Cruise Line, Inc., et al., No. 12-4069, N.D. Ill.; 2012 U.S. Dist. LEXIS 182536).
MOUNT VERNON, Ill. - A Mississippi resident's asbestos action alleging exposure in Mississippi belongs in that state, the Illinois Supreme Court held Dec. 28 (Walter Fennell v. Illinois Central Railroad Co., No. 113812, Ill. Sup.).
CHICAGO - The U.S. trustee in the Chapter 7 bankruptcy case of Peregrine Financial Group Inc. on Dec. 28 moved in the U.S. Bankruptcy Court for the Northern District of Illinois for an extension of its authority to operate Peregrine's business as the liquidation process continues (In Re: Peregrine Financial Group Inc., No. 12-27488, Chapter 7, N.D. Ill. Bkcy.).
CHICAGO - Several motions in limine filed by a patent defendant were granted Dec. 18 by an Illinois federal judge, who found that despite a recent change in the law that necessitates a new trial on induced infringement, certain legal findings contained within a previous grant of partial summary judgment remain the law of the case (Civix-DDI LLC v. Hotels.com L.P., No. 05-6869, N.D. Ill.).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Dec. 17 upheld a trial court's ruling that a proposed intervention by four individuals in an employment discrimination suit against the City of Chicago that was already 14 years in the making was untimely (Arthur L. Lewis, Jr., et al. v. City of Chicago, Illinois, No. 12-2845, 7th Cir.; 2012 U.S. App. LEXIS 25707).
OTTAWA, Ill. - The Third District Illinois Appellate Court on Dec. 14 upheld summary judgment for a property owner in a slip-and-fall injury action, agreeing that the plaintiff's claims are barred by the construction statute of repose (Lana Zimmer v. Peotone School District 207-U, et al., No. 3-12-0289, Ill. App., 3rd Dist.; 2012 Ill. App. Unpub. LEXIS 3053).
CHICAGO - A federal judge in Illinois on Dec. 13 denied a motion by the assignee to certain reinsurance treaties to strike a reinsurer's answer and motion to dismiss and held that the reinsurer was not required to post prejudgment security because it was protected under the Foreign Sovereign Immunities Act (FSIA) (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 12-cv-06357, N.D. Ill.; 2012 U.S. Dist. LEXIS 176560).
EAST ST. LOUIS, Ill. - An Illinois federal judge on Dec. 14 denied a motion for preliminary injunction in a case brought by the owners of a secular, for-profit construction business who are seeking to stop the implementation of a "contraception mandate" contained in the Patient Protection and Affordable Care Act (PPACA) (Cyril B. Korte, et al. v. U.S. Department of Health and Human Services, et al., No. 12-1072, S.D. Ill.; 2012 U.S. Dist. LEXIS 177101).