Mealey's Bankruptcy - Class: Alternate Service Needed For Bitcoin CEO; 'New Facts' Being Discovered

CHICAGO - The investors who filed a putative class action against bankrupt Bitcoin exchange operator MtGox Co. Ltd. on April 7 moved in the U.S. District Court for the Northern District of Illinois for approval to use alternate means to serve notice on company CEO Mark Karpeles on grounds that they have attempted service through various means to no avail and that federal courts "routinely" permit alternate service when dealing with foreign defendants (Gregory Greene, et al. v. MtGox Inc., No. 14-01437, N.D. Ill.).

Mealey's PI/Product Liability - Illinois Women Allege Injuries From Crowd Rushing Into Concert

CHICAGO - Two Illinois women filed a complaint in state court on April 1, claiming that they were trampled while attending a Beyonce concert last year (Raquel Castellanos, et al. v. United Center Joint Venture, et al., No. 2014L003667, Ill. Cir., Cook Co.).

Mealey's Toxic Tort/Environmental - Judge Signs Government's $4.1 Million Consent Decree In Cleanup Case

EAST ST. LOUIS, Ill. - A federal judge in Illinois on April 1 granted a motion filed by the federal government to enter a consent decree wherein two companies agreed to pay $4.1 million to reimburse the U.S. Environmental Protection Agency and U.S. Department of the Interior (DOI) for response costs the agencies incurred in remediating the Crab Orchard National Wildlife Refuge Superfund site, finding that terms of the agreement were procedurally fair and reasonable (United States of America v. Schlumberger Technology Corp. et al., No. 11-cv-399-JPG, S.D. Ill.; 2014 U.S. Dist. LEXIS 45488).

Mealey's Insurance - Judge: Reinsurance Arbitration Disputes Should Be Resolved In Other Venues

OMAHA, Neb. - A federal judge in Nebraska on March 31 found that two reinsurance arbitration disputes could best be handled in parallel cases pending in federal courts in New York and Illinois (National Indemnity Company v. Transatlantic Reinsurance Company, et al., No. 14-cv-00074, D. Neb.; 2014 U.S. Dist. LEXIS 43473).

Mealey's Insurance - Federal Judge Allows Suit Against Insurer To Proceed

CHICAGO - A federal judge in Illinois on March 31 denied One Beacon Midwest Insurance Corp.'s motion for summary judgment in a suit in which the Federal Deposit Insurance Corp., as the receiver for the failed Wheatland Bank, alleges that the insurer wrongly denied payment to the bank under a fidelity bond (Federal Deposit Insurance Corp. v. OneBeacon Midwest Insurance Co., No.11-3972, N.D. Ill.; 2014 U.S. Dist. LEXIS 43025).

Mealey's Litigation Procedure - Illinois Judge Dismisses Petition For Discovery Against Airline, Boeing

CHICAGO - An Illinois state court judge on March 28 dismissed a petition for discovery filed by the mother of a passenger on a Malaysia Airlines flight that disappeared over the Indian Ocean (Januari Siregar v. The Boeing Co., et al., No. 14-L-3408, Ill. Cir., Cook Co.).

Mealey's Toxic Tort/Environmental - Court Finds Verdict Should Have Been Entered For Tenant In Mold Action

CHICAGO - An Illinois appeals court on March 28 found that a trial court erred when it entered a verdict in favor of an apartment owner, which was contrary to a jury verdict in favor of a tenant, who alleged that her landlord failed to remediate mold in her apartment (Pamela Benford v. Everett Commons LLC, No. 1-13-0314, Ill. App., 1st Dist., 5th Div.; 2014 Ill. App. Unpub. LEXIS 608).

Mealey's Banking & Finance - Federal Judge Allows Suit Against Insurer To Proceed

CHICAGO - A federal judge in Illinois on March 31 denied One Beacon Midwest Insurance Corp.'s motion for summary judgment in a suit in which the Federal Deposit Insurance Corp., as the receiver for the failed Wheatland Bank, alleges that the insurer wrongly denied payment to the bank under a fidelity bond (Federal Deposit Insurance Corp. v. OneBeacon Midwest Insurance Co., No.11-3972, N.D. Ill.; 2014 U.S. Dist. LEXIS 43025).

Mealey's PI/Product Liability - Illinois Judge Dismisses Petition For Discovery Against Airline, Boeing

CHICAGO - An Illinois state court judge on March 28 dismissed a petition for discovery filed by the mother of a passenger on a Malaysia Airlines flight that disappeared over the Indian Ocean (Januari Siregar v. The Boeing Co., et al., No. 14-L-3408, Ill. Cir., Cook Co.).

Mealey's Labor & Employment - Judge: Chiropractic Group Entitled To Injunctive Relief In Recoupment Dispute

CHICAGO - An Illinois federal judge on March 28 held that a chiropractic association was entitled to injunctive relief in its suit against a Blue Cross Blue Shield entity for failing to provide adequate notice and appeal notices prior to recouping money from previously paid claims (Pennsylvania Chiropractic Association, et al. v. Blue Cross Blue Shield Association, et al., No. 09-5619, N.D. Ill; 2014 U.S. Dist. LEXIS 41749).

Mealey's Insurance - Judge: Chiropractic Group Entitled To Injunctive Relief In Recoupment Dispute

CHICAGO - An Illinois federal judge on March 28 held that a chiropractic association was entitled to injunctive relief in its suit against a Blue Cross Blue Shield entity for failing to provide adequate notice and appeal notices prior to recouping money from previously paid claims (Pennsylvania Chiropractic Association, et al. v. Blue Cross Blue Shield Association, et al., No. 09-5619, N.D. Ill; 2014 U.S. Dist. LEXIS 41749).

Mealey's Insurance - Illinois Federal Judge Dismisses Medicare Dispute For Lack Of Jurisdiction

CHICAGO - A Chicago federal judge on March 26 dismissed a Medicare payment dispute, saying that the plaintiffs failed to exhaust the administrative review process before filing suit and that, therefore, the court lacked jurisdiction (Center for Dermatology and Skin Cancer, et al. v. Kathleen Sebelius, et al., No. 13 C 4926, N.D. Ill.; 2014 U.S. Dist. LEXIS 39907).

Mealey's Health Law - Judge: Chiropractic Group Entitled To Injunctive Relief In Recoupment Dispute

CHICAGO - An Illinois federal judge on March 28 held that a chiropractic association was entitled to injunctive relief in its suit against a Blue Cross Blue Shield entity for failing to provide adequate notice and appeal notices prior to recouping money from previously paid claims (Pennsylvania Chiropractic Association, et al. v. Blue Cross Blue Shield Association, et al., No. 09-5619, N.D. Ill; 2014 U.S. Dist. LEXIS 41749).

Mealey's PI/Product Liability - Motion For AndroGel MDL Filed By Plaintiffs; Transfer Sought To Illinois Court

WASHINGTON, D.C. - Plaintiffs in 13 AndroGel injury cases in federal court on March 28 asked a judicial panel to centralize the litigation in a multidistrict litigation in the U.S. District Court for the Northern District of Illinois (In Re: AndroGel Product Liability Litigation, MDL Docket No. Pending 36, JPMDL).

Mealey's Health Law - Illinois Federal Judge Dismisses Medicare Dispute For Lack Of Jurisdiction

CHICAGO - An Illinois federal judge on March 26 dismissed a Medicare payment dispute, saying that the plaintiffs failed to exhaust the administrative review process before filing suit and that, therefore, the court lacked jurisdiction (Center for Dermatology and Skin Cancer, et al. v. Kathleen Sebelius, et al., No. 13 C 4926, N.D. Ill.; 2014 U.S. Dist. LEXIS 39907).

Mealey's Insurance - Judge Denies Dismissal Or Stay Of Insurer's Action Over Faulty Basement Damages

ROCK ISLAND, Ill. - An Illinois federal judge on March 26 declined to dismiss or stay an insurer's coverage action regarding damages from a defective basement pending resolution of a homeowner's lawsuit against the insurer's contractor (Secura Insurance Co. v. Rick R. Plumb d/b/a Superior Home Improvement and Linda R. Plumb, No. 13-04054, C.D. Ill.; 2014 U.S. Dist. LEXIS 39845).

Mealey's Insurance - Insurer Owes More Than $11M To Insured For Fees And Costs, Federal Judge Says

BATON ROUGE, La. - A Louisiana federal judge on March 26 granted an insured's motion to recover more than $11 million in attorney fees, defense costs and interest because the insured filed the Louisiana federal court lawsuit in response to the insurer's suit in New York federal court and because it was previously determined that the insurer owes a duty to defend the insured for the injunctive relief imposed by the U.S. Environmental Protection Agency and stemming from violations of the Clean Air Act (CAA) (Louisiana Generating LLC, et al., v. Illinois Union Insurance Co., No. 10-516, M.D. La.; 2014 U.S. Dist. LEXIS 40617).

Mealey's PI/Product Liability - Benzene Plaintiff Settles With Manufacturers Over Husband's Leukemia Death

ST. LOUIS - A Missouri woman who blames her husband's death from acute myelogenous leukemia (AML) on benzene exposure at work, at home refinishing furniture and doing farm work has settled her claims, according to a March 26 order in U.S. District Court for the Eastern District of Missouri (Joan Linton, et al. v. Owens Illinois Inc., et al., No. 4:12-cv-960, E.D. Mo., Eastern Div.).

Mealey's Toxic Tort/Environmental - Benzene Plaintiff Settles With Manufacturers Over Husband's Leukemia Death

ST. LOUIS - A Missouri woman who blames her husband's death from acute myelogenous leukemia (AML) on benzene exposure at work, at home refinishing furniture and doing farm work has settled her claims, according to a March 26 order in U.S. District Court for the Eastern District of Missouri (Joan Linton, et al. v. Owens Illinois Inc., et al., No. 4:12-cv-960, E.D. Mo., Eastern Div.).

Mealey's Litigation Procedure - Banks Sue Target Over 'Black Friday' Data Breach

CHICAGO - Following the largest retail data breach in U.S. history, a pair of banks on March 24 filed a putative class action in an Illinois federal court against Target Corp. and information security company Trustwave Holdings Inc., alleging that they failed to properly secure data (Trustmark National Bank, et al. v. Trustwave Holdings Inc., et al., No. 14-2069, N.D. Ill.).

Mealey's Litigation Procedure - Illinois Federal Judge Will Exclude Testimony At Patent Trial

CHICAGO - Efforts by a plaintiff company to offer testimony by its vice president of new business ventures relating to the commercial success of the anticoagulant drug Angiomax were thwarted March 25 by an Illinois federal judge, who instead found that his testimony would incorporate "faulty" methodology (The Medicines Company v. Mylan Inc., et al., No. 11-1285, N.D. Ill.).

Mealey's Banking & Finance - Banks Sue Target Over 'Black Friday' Data Breach

CHICAGO - Following the largest retail data breach in U.S. history, a pair of banks on March 24 filed a putative class action in an Illinois federal court against Target Corp. and information security company Trustwave Holdings Inc., alleging that they failed to properly secure data (Trustmark National Bank, et al. v. Trustwave Holdings Inc., et al., No. 14-2069, N.D. Ill.).

Mealey's IP/Tech - Newspaper Loses Request For Dismissal Of Copyright Claim

CHICAGO - Allegations that the Chicago Tribune Co. LLC altered the photographer credit on a group picture of the Chicago Bears football players responsible for creating the "Super Bowl Shuffle" in violation of the Digital Millennium Copyright Act (DMCA) will proceed, an Illinois federal judge ruled March 25 (Leveyfilm Inc., et al. v. Chicago Tribune Company LLC, et al., No. 13-4664, N.D. Ill.).

Mealey's IP/Tech - Illinois Federal Judge Will Exclude Testimony At Patent Trial

CHICAGO - Efforts by a plaintiff company to offer testimony by its vice president of new business ventures relating to the commercial success of the anticoagulant drug Angiomax were thwarted March 25 by an Illinois federal judge, who instead found that his testimony would incorporate "faulty" methodology (The Medicines Company v. Mylan Inc., et al., No. 11-1285, N.D. Ill.).

Mealey's Insurance - Panel Vacates Default Judgment Against Contractor Over Property Damage Claims

CHICAGO - A bankrupt contractor should not be punished for its former agent and attorney's negligence, an Illinois appeals panel held March 20, affirming the vacating of a subrogated insurer's default judgment against the contractor concerning property damage caused during construction (West Bend Mutual Insurance Co. as subrogee of ACS Rental Properties LLC v. 3RC Mechanical and Contracting Services LLC, No. 1-12-3213, Ill. App., 1st Dist., 4th Div.; 2014 Ill. App. LEXIS 181).