CHICAGO - The denial by the Federal Deposit Insurance Corp. in its corporate capacity (FDIC-C) of a claim for deposit insurance on a failed bank's accounts "was not arbitrary or capricious," a federal judge in Illinois held Feb. 7, granting the FDIC-C's motion for summary judgment and denying the plaintiff's motion for summary judgment (Dennis Pantano, et al. v. Federal Deposit Insurance Corp., No. 12-3951, N.D. Ill.; 2014 U.S. Dist. LEXIS 15431).
CHICAGO - A federal judge in Illinois on Feb. 6 limited plaintiff and defense experts in a negligence case stemming from the strangulation death of a 3-year-old boy in the cord of vertical window blinds (Jose Padilla v. Hunter Douglas Window Coverings, No. 09 CV 1222, N.D. Ill.; 2014 U.S. Dist. LEXIS 14620).
PEORIA, Ill. - An Illinois federal judge on Jan. 31 partially granted a defendant's motion to dismiss a suit alleging that the health care provider submitted false claims pursuant to Medicare and Medicaid, leaving only a state law claim (United States of America, ex rel. Gail McGinnis v. OSF Healthcare System, et al., No. 11-1392, C.D. Ill.; 2014 U.S. Dist. LEXIS 12600).
CHICAGO - An Illinois appeals panel on Jan. 31 affirmed a lower court's finding that a scientific equipment manufacturer's business personal property loss was caused by flood and, therefore, is not covered under its commercial insurance, further finding that the insurer's denial of the claim did not constitute a vexatious and unreasonable claims practice (Delta Technical Products Laboratory Investment Recovery Inc. v. Hartford Casualty Insurance Co., No. 1-12-2158, Ill. App., 1st Dist., 5th Div.; 2014 Ill. App. Unpub. LEXIS 162).
ROCKFORD, Ill. - The Employee Retirement Income Security Act does not preempt an employer's counterclaim for unjust enrichment under Illinois state law against former employees who did not reimburse the employer for health insurance premium payments the employer made during the former employees' extended medical leave, a federal judge in Illinois ruled Jan. 30 (Daniel A. Madero v. Peters Engineering, Inc., et al., No. 12 C 50157, N.D. Ill.; 2014 U.S. Dist. LEXIS 11403).
CHICAGO - A federal judge in Illinois on Jan. 28 gave final approval to a $20 million settlement of a shareholder derivative lawsuit in which the shareholder had accused an education company's directors and officers of breaching their fiduciary duties (Amy Cook v. Gary E. McCullough, et al., No. 11-cv-09119, N.D. Ill.).
EAST ST. LOUIS, Ill. - The federal judge in Illinois presiding over the Pradaxa multidistrict litigation on Jan. 30 ordered plaintiff attorneys to tell him what it cost them to conduct depositions of Boehringer Ingelheim employees in Europe (In Re: Pradaxa $(Dabigatran Etexilate$) Products Liability Litigation, MDL Docket No. 2385, No. 3:12-md-2385, S.D. Ill.).
BLOOMINGTON, Ill. - An Illinois jury on Jan. 27 awarded more than $2 million - reduced to $1.7 million by a finding of contributory negligence - in a consolidated trial involving an asbestosis sufferer and an individual who died of lung cancer, sources told Mealey's Publications (Jim Smith v. Illinois Central Railroad Co., Mary Hernandez, as administrator of estate of John Nafziger v. Illinois Central Railroad Co., No. 05L117, 07L91, Ill. Cir., McLean Co.).
CHICAGO - An Illinois federal jury hearing an asbestos personal injury action found a man's exposure to cigarette smoke 80 percent liable for his lung cancer and returned a verdict for CBS Corp., according to court documents filed Jan. 24 (In re: Asbestos Products Liability Litigation; Larry Kinser v. Anchor Packing Co., et al., No. 94-2282, C.D. Ill.).
CHICAGO - Motorola's claims that suppliers of liquid crystal display (LCD) panels engaged in a global price-fixing conspiracy based on overseas purchases by Motorola's foreign affiliates do not fall under the Foreign Trade Antitrust Improvements Act's (FTAIA) domestic injury exception and are properly dismissed, a federal judge in Illinois ruled Jan. 23 in granting the suppliers' motion to reconsider an order entered by a multidistrict litigation court (Motorola Mobility, Inc. v. AU Optronics Corporation, et al., No. 09 C 6610, N.D. Ill.; 2014 U.S. Dist. LEXIS 8492).
CHICAGO - A federal magistrate judge in Illinois on Jan. 22 found that a couple seeking to rescind their mortgage loan as a result of the lender's violation of the Truth in Lending Act (TILA) must pay $270,430.29 (David Christiansen, et al. v. Fifth Third Bank, et al., No. 10 C 2177, N.D. Ill.; 2014 U.S. Dist. LEXIS 7577).
MOUNT VERNON, Ill. - A commercial general liability insurer had a duty to defend its insureds' faulty workmanship that caused damages sustained by homeowners from a collapsed retaining wall, an Illinois appeals panel affirmed Jan. 23 (Pekin Insurance Co. v. Kiefer Landscaping LLC, et al., No. 5-12-0588, Ill. App., 5th Dist.; 2014 Ill. App. Unpub. LEXIS 107).
CHICAGO - Efforts by a copyright infringement defendant to obtain judgment on the pleadings were unsuccessful Jan. 22, when an Illinois federal judge instead ruled that the plaintiff's claims are adequately pleaded (Skyline Design Inc. v. McGrory Glass Inc., No. 12-10198, N.D. Ill.).
CHICAGO - The nation's largest manufacturer of roll-your-own cigarette products obtained an injunction and summary judgment on infringement claims Jan. 22 in Illinois federal court against convenience stores it alleged distributed counterfeit versions of its products (Top Tobacco v. Midwestern Cash and Carry, No. 1:11-cv-04460, N.D. Ill., Eastern Div.; 2014 U.S. Dist. LEXIS 7598).
PEORIA, Ill. - A federal judge in Illinois on Jan. 17 adopted a magistrate judge's report and recommendation to deny a plaintiff's motion for spoliation sanctions but modified the ruling to address the conduct of defense counsel during a deposition (Dorrene Sokn v. Fieldcrest Community Unit School District No. 6, et al., No. 10-cv-1122, C.D. Ill.; 2014 U.S. Dist. LEXIS 6109).
CHICAGO - Certification of a class of southern Illinois residents who claim that the value of their properties was affected by an underground plume from the leak of benzene-contaminated petroleum products from a nearby refinery was vacated Jan. 17 by the Seventh Circuit U.S. Court of Appeals, which said the trial judge should have explored the viability of plaintiffs' claims (ConocoPhillips Company, et al. v. Jeana Parko, et al., No. 13-8023, Shell Oil Company, et al. v. Jeana Parko, et al., No. 13-8024, 7th Cir.; 2014 U.S. App. LEXIS 1018).
WASHINGTON, D.C. - The State of Illinois is wrongfully forcing thousands of home care providers to pay compulsory fees to unions to represent their interests to the state, the attorney representing the home care providers told the U.S. Supreme Court on Jan. 21 (Pamela Harris, et al. v. Pat Quinn, Governor of Illinois, et al., No. 11-681, U.S. Sup.).
CHICAGO - In order to file a second appeal from an order granting class certification when the class definition has been altered, the party appealing must actually challenge the change, the Seventh Circuit U.S. Court of Appeals ruled Jan. 15 (Glenn Driver, et al. v. AppleIllinois, LLC, et al., No. 13-8029, 7th Cir.; 2014 U.S. App. LEXIS 815).
ST. LOUIS - An insured is entitled to stack underinsured motorist (UIM) coverage contained in five separate policies because the policies could be reasonably interpreted to allow stacking when an accident falls under the policies' "other insurance" provision, which does not bar the stacking of coverages, the Eighth U.S. Court of Appeals said Jan. 15 (Kelly Jordan, et al. v. Safeco Insurance Company of Illinois, No. 12-3881, 8th Cir.; 2014 U.S. App. LEXIS 763).
CHICAGO - An Illinois federal judge on Jan. 7 rejected an insurer's argument that its duty to defend an underlying lawsuit is precluded by an insurance policy's "employee exclusion" (Joe Panfil, et al. v. Nautilus Insurance Company, No. 12 C 6481, N.D. Ill., Eastern Div.; 2014 U.S. Dist. LEXIS 1351).
CHICAGO - An Illinois federal judge on Jan. 3 granted final approval of a $2 million settlement in a consolidated class dispute over the labeling on dietary supplements but slightly reduced the attorney fee award after finding that the calculation to determine the amount awarded may not include the injunctive relief (Nick Pearson, et al. v. NBTY, Inc., et al., No. 11-7972, N.D. Ill.; 2014 U.S. Dist. LEXIS 357).
CHICAGO - A mesothelioma sufferer seeking a petition to perpetuate his own testimony in anticipation of a lawsuit has not shown that he could file that action currently, an Illinois federal judge held Jan. 3 in denying the petition (Roger W. Seehafer v. 3M Co., et al., No. 13-8561, N.D. Ill.).