CHICAGO - The First District Illinois Appellate Court on Nov. 16 upheld a trial court's decision to dismiss a woman's medical negligence claims, concluding that the plaintiff failed to produce required affidavits (Berniece Hutton v. Holy Cross Hospital, et al., No. 1-12-0132, Ill. App., 1st Dist.; 2012 Ill. App. Unpub. LEXIS 2790).
CHICAGO - An Illinois federal judge on Nov. 19 issued a protective order against telephone company workers pursuing discovery for their unpaid overtime claims against their employer, finding that the information the workers sought was not relevant to the claims or defenses of the case (James Blakes, et al. v. Illinois Bell Telephone Company d/b/a AT&T Illinois, No. 11-336, N.D. Ill.; 2012 U.S. Dist. LEXIS 164504).
CHICAGO - A federal judge in Illinois dismissed a shareholder derivative lawsuit against directors and officers of Abbott Laboratories on Nov. 15, finding that the plaintiffs failed to show that presuit demand would have been futile (In re Abbott Depakote Shareholder Derivative Litigation, No. 11-cv-8114, N.D. Ill.; 2012 U.S. Dist. LEXIS 163480).
CHICAGO - An Illinois federal judge on Nov. 15 granted in part and denied in part the Federal Deposit Insurance Corp.'s motion to strike affirmative defenses in a suit it filed against the former officers of the failed Wheatland Bank alleging, among other claims, breach of fiduciary duty, fraud and gross mismanagement (Federal Deposit Insurance Corp. v. Lewis Mark Spangler, et al., No. 10-04288, N.D. Ill.; 2012 U.S. Dist. LEXIS 163027).
CHICAGO - An accused online file-sharer's motion to quash a discovery subpoena served on her Internet service provider (ISP) was denied Nov. 13 by an Illinois federal judge, who held that the information sought by a copyright holder was not privileged and was necessary to pursue copyright claims against her (AF Holdings LLC v. John Doe, No. 1:12-cv-04222, N.D. Ill.; 2012 U.S. Dist. LEXIS 162487).
CHICAGO - Three restaurant employees may proceed with their class complaint accusing their employer of paying them a "tipped" wage for time spent performing "untipped" duties, an Illinois federal judge ruled Nov. 14, granting class certification on the claim of violations of Illinois Minimum Wage Law (IMWL) and authorizing notice of a collective action to potential class members regarding a claim filed under the Fair Labor Standards Act (FLSA), 29 U.S.C.S. § 203, (Brianne Haschak, et al. v. Fox & Hound Restaurant Group, et al., No. 10-8023, N.D. Ill.; 2012 U.S. Dist. LEXIS 162476).
CHICAGO - A defendant won summary judgment of noninfringement Nov. 13 when an Illinois federal judge found that "there is no material issue of fact" that the accused practice fails to meet each of the claim limitations for a patent covering a "method and system for reserving future purchases of goods and services" (Smart Options LLC v. Jump Rope Inc., No. 12-2498, N.D. Ill.).
CHICAGO - A reinsurer says in an Illinois federal court on Nov. 13 that another reinsurer cannot take an offset under a treaty because the treaty was never signed (Guarantee Trust Life Insurance Company v. American Medical and Life Insurance Company, No. 10-cv-02125, N.D. Ill.). View related prior history, 2011 U.S. Dist. LEXIS 11523.
EAST ST. LOUIS, Ill. - An Illinois federal judge on Nov. 13 decertified a class of more than 400 workers employed at a railcar production facility seeking unpaid wages and overtime for time they allegedly spent working before and after their shifts and during breaks after determining that there were too many individualized issues and that a sufficient class or subclasses could not be formed (Chester Marshall, et al. v. Amsted Rail Company, Inc., No. 10-11, S.D. Ill.; 2012 U.S. Dist. LEXIS 161768).
CHICAGO - In a matter of first impression, an Illinois appeals court on Nov. 9 held that a voluntary payment clause in a professional liability insurance policy does not bar a duty to defend in a legal malpractice action (Illinois State Bar Association Mutual Insurance Co. v. Frank M. Greenfield and Associates, et al., No. 11-337, Ill. App., 1st. Dist.; 2012 Ill. App. LEXIS 921).
SPRINGFIELD, Ill. - A federal magistrate judge in Illinois on Nov. 9 denied a plaintiff's request to impose sanctions against an insurance company over its deletion of emails after finding that they were deleted more than a year before the company could have been aware of the possibility of litigation (Jason Lee Nieman v. Grange Mutual Insurance Company, et al., No. 11-cv-3404, C.D. Ill.; 2012 U.S. Dist. LEXIS 160753).
EAST ST. LOUIS, Ill. - Although a county education office did not discriminate against a former employee because of her gender or violate the Equal Pay Act (EPA), 29 U.S.C.S. 206(d), it did retaliate against the woman for complaining about unequal pay and, therefore, must pay her $100,000 in compensatory damages, a federal jury in Illinois found Nov. 9 (Mary Parker v. Madison County Regional Office of Education, No. 10-cv-132, S.D. Ill.). View related prior history, 2012 U.S. Dist. LEXIS 75079.
CHICAGO - An Illinois federal judge on Nov. 2 ruled that a collection agency may file an interlocutory appeal to the Seventh Circuit U.S. Court of Appeals seeking a ruling on what constitutes "prior express consent" under the Telephone Consumer Protection Act (TCPA), 47 U.S.C.S. § 227, before any class certification ruling in a consumer's lawsuit, saying the appellate panel's ruling may expedite the case (Melissa Thrasher-Lyon, et al. v. CCS Commercial LLC, d.b.a. Credit Collection Services Commercial, No. 11-4473, N.D. Ill.; 2012 U.S. Dist. LEXIS 157230).
CHICAGO - An Illinois federal judge on Nov. 6 dismissed one of the plaintiff's claims and the defendants' counterclaim in a health insurance reimbursement dispute (Northwestern Memorial Hospital v. Lake County Board of Commissioners Employee Health Benefit Plan, et al., No. 11-1811, N.D. Ill.; 2012 U.S. Dist. LEXIS 159070).
CHICAGO - An Illinois federal judge on Nov. 1 denied an airline's motion to dismiss a Texas couple's breach of contract claim alleging failure to compensate them for a delayed flight as required by the airline's conditions of contract and Regulation No. 261/2004 of the European Parliament and European Council (EU 261) (Theodoros Giannopoulos, et al. v. Iberia Líneas Aéreas de España, S.A., et al., No. 11-775, N.D. Ill.; 2012 U.S. Dist. LEXIS 156446).
HONOLULU - A federal judge in Hawaii dismissed on Oct. 31 an insured's counterclaims for breach of contract, negligent misrepresentations and omissions of material fact, bad faith and fraud in a construction defects insurance dispute (Illinois National Insurance Co. and National Union Fire Insurance Company of Pittsburgh, PA v. Nordic PCL Construction Inc. f/k/a Nordic Construction Ltd., No. 11-00515, D. Hawaii; 2012 U.S. Dist. LEXIS 156172).
CHICAGO - A debt collector's use of the statement "further financial liability" in a debt collection letter may improperly imply litigation, a federal judge in Illinois ruled Nov. 1 in denying the collector's motion to dismiss a Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. §§1692 et seq., lawsuit (William Crawford v. Vision Financial Corp., et al., No. 12-4397, N.D. Ill.; 2012 U.S. Dist. LEXIS 156461).
CHICAGO - A reinsurer on Oct. 31 told an Illinois federal court that it is not a party to certain reinsurance agreements and, therefore, cannot be compelled to arbitrate under the agreements' arbitration clauses (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 12-cv-06357, N.D. Ill.).
CHICAGO - An Illinois federal magistrate judge on Oct. 30 denied an employer's motion to strike a new class definition in a racial discrimination suit filed by its employees and ordered the employer to instead respond to the plaintiffs' motion for class certification (James Jones, et al. v. National Council of Young Men's Christian Associations of the United States of America ("YMCA of the USA"), et al.,No. 09-6437, N.D. Ill.; 2012 U.S. Dist. LEXIS 155090).
CHICAGO - An Illinois federal judge on Oct. 29 refused to dismiss an insurer's contribution claims against another insurer regarding the defense and indemnity of a mutual insured in an underlying construction defect action (Hartford Casualty Insurance Co. v. Construction Builders in Motion Inc., et al., No. 11-7498, N.D. Ill.; 2012 U.S. Dist. LEXIS 154445).
BRIDGEVIEW, Ill. - A statute of limitations within a force-placed insurance policy did not bar a homeowner's breach of contract claim, an Illinois appeals panel ruled Oct. 26, citing the insurer's failure to explicitly deny coverage and to inform the insured of the amount of time tolled (Olla Burress-Taylor v. American Security Insurance Co., et al., No. 1-11-0554, Ill. App., 1st Dist.; 2012 Ill. App. LEXIS 879).
CHICAGO - Shareholders have properly shown that an operator of for-profit professional schools and colleges and certain of its executive officers violated federal securities laws by misrepresenting the company's business and financial condition, a federal judge in Illinois ruled Oct. 30 (Thurman Ross v. Career Education Corp., et al., No. 12-276, N.D. Ill.; 2012 U.S. Dist. LEXIS 155037).
CHICAGO - FirstMerit Bank NA, as the successor to the failed Midwest Bank and Trust Co., is entitled to payments from people who breached their personal guarantees on a commercial loan, a federal judge in Illinois ruled Oct. 22 (FirstMerit Bank, NA v. Albert L. Grasso, et al., No. 11-08986, N.D. Ill.; 2012 U.S. Dist. LEXIS 151211).
CHICAGO - A class action suit accusing OneWest Bank FSB of mishandling applications for loan modifications under the Home Affordable Modification Program (HAMP) can proceed, a federal judge in Illinois ruled Oct. 22, after finding that the lead plaintiff had standing and sufficiently alleged claims for breach of contract, promissory estoppel and violation of the Illinois Consumer Fraud Act (ICFA) (Stacey Fletcher, et al. v. OneWest Bank FSB, No. 10-cv-4682, N.D. Ill.; 2012 U.S. Dist. LEXIS 151541).
CHICAGO - While an Illinois federal judge on Oct. 19 approved the total dollar amount of a $49,000 settlement of class action wage-and-hour claims by employees of a nonprofit social services company, he denied a request to keep the settlement confidential and found that the agreement's release of claims is too broad (Barbara Otto, et al., v. South-East Asia Center, et al., No. 12-203, N.D. Ill.; 2012 U.S. Dist. LEXIS 150508).