CHICAGO - A federal judge in Illinois on Sept. 19 declined to dismiss a consumer's Fair Credit Reporting Act (FCRA) lawsuit against Chase Bank USA N.A., ruling only that the motion is "taken under advisement pending a hearing" (Kent v. Chase Bank USA N.A., No. 12-1411, N.D. Ill.; 2012 U.S. Dist. LEXIS 133579).
CHICAGO - A federal judge in Illinois on Sept. 17 granted a bank and an ATM owner and operator's motion for summary judgment in a putative class action that alleges that the defendants violated the Electronic Funds Transfer Act's (EFTA) 15 U.S.C.S. § 1601 , ATM fee notice requirements, ruling that the evidence shows that the owner and operator posted a fee notice and that it was not removed by an employee of the owner and operator or bank (Hank Drager v. Bridgeview Bank, No. 10-07585, N.D. Ill.; 2012 U.S. Dist. LEXIS 132584).
PEORIA, Ill. - Noting that the Electronic Communications Privacy Act (ECPA) 18 U.S.C.S. § 2511, "is not focused on whether a person possesses a copy of a message, but on whether the person intercepts communications to which he is not a party," an Illinois federal judge on Sept. 13 held that a plaintiff's co-workers intercepted his emails by setting up a dummy email account that allowed them to access his Web-based communications even though the messages were not specifically downloaded to a computer (Shefts v. John Petrakis, et al., No. 1:10-cv-01104, C.D. Ill.; 2012 U.S. Dist. LEXIS 130542).
SAN FRANCISCO - A California federal judge on Sept. 13 declined to grant summary judgment motions by both parties in a duty-to-defend suit between two insurance companies but granted the defending insurance company summary adjudication on two issues and determined that the plaintiff's request for discovery on the issue of collusion was appropriate (David A. Gauntlett v. Illinois Union Insurance Co., No. 12-424, N.D. Calif.; 2012 U.S. Dist. LEXIS 131014).
SAN FRANCISCO - A woman's claim that her employer misclassified her as exempt from overtime laws does not invoke insurance covering invasion of privacy or misrepresentation, a California federal judge held Sept. 13 (David A. Gauntlett v. Illinois Union Insurance Co., No. 11-455, N.D. Calif.; 2012 U.S. Dist. LEXIS 131086).
MADISON, Wis. - Wisconsin's top court on Sept. 14 agreed to take up an asbestos case in which the state's appeals court allowed admission of allegedly 20-year-old corporate documents possessed by the company's former attorney, sources told Mealey Publications (Cindy Horak, et al. v. Building Services Industrial Sales Co., Trane US Inc., F/D/B American Standard Inc., Metropolitan Life Insurance Co. and Owens Illinois Inc., No. 2011AP414, Wis. Sup.). Subscribers may view the brief available within the full article.
NEW YORK - No coverage is owed to the successor company of an insured for underlying suits alleging injuries caused by exposure to popcorn butter flavoring products because the trial court incorrectly applied New York law rather than Illinois law, which follows a limited de facto merger exception, the First Department New York Supreme Court Appellate Division said Sept. 11 (International Flavors & Fragrances Inc., et al., v St. Paul Protective Insurance Co., No. 601723/08, N.Y. Sup., App. Div., 1st Dept.; 2012 N.Y. App. Div. LEXIS 6050).
CHICAGO - A federal judge in Illinois on Sept. 11 granted summary judgment in favor of FirstMerit Bank NA, as successor to the failed Midwest Bank and Trust Co., which alleged that the guarantors of a loan failed to meet their payment obligations (FirstMerit Bank NA v. Timothy T. Balin, et al., No. 11-08809, N.D. Ill.; 2012 U.S. Dist. LEXIS 129747).
CHICAGO - It is unclear whether a revenue-sharing agreement between a reinsurer and its reinsurance broker indicates that the broker owes the reinsurer an annual fee for 2009 through 2010, an Illinois federal judge ruled Sept. 10 (Homeowners Choice Inc. v. Aon Benfield Inc., No. 10-7700, N.D. Ill.; 2012 U.S. Dist. LEXIS 128524).
CHICAGO - A commercial general liability insurer's lawsuit disputing coverage for underlying claims that a retail crafting store insured's failure to safeguard its credit and debit personal identification number (PIN) pad terminals caused a data security breach was stayed by an Illinois federal judge on Sept. 10, three days after the parties announced that they reached an agreement in principal (Arch Insurance Company v. Michaels Stores Inc., et al., No. 12-00786, N.D. Ill., Eastern Div.). Subscribers may view the notification of docket entry available within the full article.
CHICAGO - A law firm's insurance policy does not provide coverage for a secretary's theft of $880,000 from an attorney's personal bank account, an Illinois federal judge ruled Sept. 5, granting the insurer's motion to dismiss breach of contract and bad faith claims (Sperling & Slater v. Hartford Casualty Insurance Company, No. 12 C 761, N.D. Ill., Eastern Div.; 2012 U.S. Dist. LEXIS 125897).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Sept. 5 affirmed a federal court's dismissal of a Fair Debt Collection Practices Act (FDCPA) suit, agreeing with the underlying decision that the assignment of claims against a collection agency to the plaintiff violated Illinois public policy because he had been buying claims for the purpose of litigating them and using the assignments to practice law without a license (Michael Todd v. Franklin Collection Service Inc. No. 1103818, 7th Cir.; 2012 U.S. App. LEXIS 18634).
BLOOMINGTON, Ill. - An Illinois judge on Aug. 31 vacated portions of an $89.6 million asbestos verdict, including $40 million in punitive damages, against Owens-Illinois Inc. for allegedly conspiring to conceal the dangers of asbestos, sources told Mealey Publications (Charles Gillenwater v. Honeywell International Inc., et al., No. 10 L 117, Ill. Cir., McLean Co.). Subscribers may view full details available within the full Mealey's article.
CHICAGO - A federal judge in Illinois on Sept. 4 declined to dismiss a count in a Fair Debt Collection Practices Act (FDCPA) 15 U.S.C.S. §§1692 et seq. putative class action, finding that the plaintiff properly stated a claim that the debt the defendants attempted to collect was barred by an Illinois statute of limitations (Jerold S. Rawson v. Source Receivables Management LLC, et al., No. 11-08972, N.D. Ill.; 2012 U.S. Dist. LEXIS 125205).
BLOOMINGTON, Ill. - A woman's evidence of a conspiracy involving her employer and companies manufacturing asbestos-containing products falls short of the "clear and convincing" standard, a divided Illinois court held Aug. 31 in reversing a $17.87 million verdict (Jayne Menssen v. Pneumo Abex Corp., et al., Jayne Menssen v. Honeywell International Inc.. Nos. 4-10-0804, 4-10-0921, Ill. App., 4th Cir.).
ELGIN, Ill. - An insurance broker's employment agreements with former employees were unenforceable due to insufficient consideration, an Illinois appeals panel found Aug. 29, affirming the dismissal of the broker's breach of contract, misappropriation of trade secrets and tortious interference of prospective economic advantage claims (Gallagher Bassett Services Inc. v. Mike Vacala, et al., No. 11-CH-1033, Ill. App., 2nd Dist.; 2012 Ill. App. Unpub. LEXIS 2125).
CHICAGO - Finding that neither side in a dispute over the use of trademarks in Internet advertising established whether any likelihood of confusion or disparagement had occurred, an Illinois federal judge on Aug. 27 denied both parties' motions for summary judgment (Morningware Inc. v. Hearthware Home Products Inc., No. 09-CV-4348, N.D. Ill.; 2012 U.S. Dist. LEXIS 121333).
ST. LOUIS - Plaintiffs asserting wrongful death from benzene exposure have six days to overcome the exclusive remedy provision of the California Workers' Compensation Act (CWCA) by filing an amended complaint pleading that a California company knew the decedent had contracted a work-related illness, a Missouri federal judge ordered Aug. 27 (Joan Linton, et al. v. Owens-Illinois Inc., No. 4:12CV00960 AGF, E.D. Mo., Eastern Div.; 2012 U.S. Dist. LEXIS 121000).
EAST ST. LOUIS, Mo. - There are genuine issues of material fact as to whether a doctor told the truth on his professional liability insurance application, an Illinois federal judge ruled Aug. 28, denying the doctor and a medical center's motion for summary judgment in a coverage dispute over a wrongful death lawsuit (First Professionals Insurance Company Inc. v. Oscar F. Florendo, M.D., et al., No.11-cv-197-DRH, S.D. Ill.; 2012 U.S. Dist. LEXIS 121716).
CHICAGO - A federal judge in Illinois on Aug. 22 dismissed a mortgage-related suit filed against JP Morgan Chase Bank NA (Chase), as successor to the failed Washington Mutual Bank (WaMu), asserting claims for quiet title, unjust enrichment and violation of the Fair Debt Collection Practices Act (FDCPA) 15 U.S.C.S. §§1692 et seq., finding that Chase was the "true mortgagee" and also not a "debt collector" as defined by the FDCPA (Richard S. Gorgoni, et al. v. JP Morgan Chase Bank N.A, No. 11-08583, N.D. Ill.; 2012 U.S. Dist. LEXIS 118846).
CHICAGO - Citing evidence that a plaintiff "should have known" its copyright claim was without merit, an Illinois federal judge on Aug. 17 granted a defendant's motion for attorney fees (The Estate of Joe Brown v. Arc Music Group et al., No. 10-7141, N.D. Ill.; 2012 U.S. Dist. LEXIS 116394).
OTTAWA, Ill. - An Illinois appellate panel on Aug. 17 affirmed summary judgment for the defendants in a slip-and-fall injury action, concluding that the plaintiff "presented no factual link between the water source and the ice upon which he fell" (Mark A. Grant v. Kaps Cafe, et al., No. 3-11-0914, Ill. App., 3rd Dist.; 2012 Ill. App. Unpub. LEXIS 2015).
CHICAGO - An Illinois federal judge properly dismissed copyright infringement allegations levied against rap star Kanye West, the Seventh Circuit U.S. Court of Appeals ruled Aug. 20 (Vincent Peters v. Kanye West, No. 11-1708, 7th Cir.).
CHICAGO - The Illinois federal judge overseeing the Zimmer NexGen knee implant multidistrict litigation on Aug. 16 denied a defense motion to partially dismiss the plaintiffs' master long form complaint and jury demand (In Re: Zimmer NexGen Knee Implant Products Liability Litigation, MDL Docket No. 2272, N.D. Ill., E. Div.; 2012 U.S. Dist. LEXIS 116395).
CHICAGO - An excess law enforcement liability insurance policy provides coverage for $1,773,824.60 in attorney fees awarded in an underlying lawsuit stemming from a false arrest, an Illinois federal judge ruled Aug. 15, further finding that there is a genuine issue of material fact as to whether the excess insurer acted in bad faith (Kevin Fox and Melissa Fox v. Will County, et al., No. 04 C 7309, N.D. Ill., Eastern Div.; 2012 U.S. Dist. LEXIS 115255).