CHICAGO - Dismissal of a securities class action lawsuit is proper, a federal judge in Illinois ruled June 26, because the investors' claims are preempted by the Securities Litigation Uniform Standards Act (SLUSA) (Patricia Holtz, et al. v. J.P. Morgan Securities LLC, et al., No. 12-7080, N.D. Ill.).
CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on June 28 ruled that tax credits sought by the State of Illinois from a now-bankrupt company were not available based on amendments to the state's public utilities law (State of Illinois v. Chiplease Inc. $(In Re: Resource Technology Corp.$), No. 11-1633, Chapter 7, 7th Cir.; 2013 U.S. App. LEXIS 13271).
EAST ST. LOUIS, Ill. - A federal judge in Illinois on June 28 dismissed a claim for cost recovery under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act brought by two plaintiff companies, finding that they could seek contribution pursuant to Section 113(f) of the act (Arkema Inc., et al. v. Ammin Holdings Inc., No. 12-cv-1022-DRH-DGW, S.D. Ill.; 2013 U.S. Dist. LEXIS 90991).
CHICAGO - A federal judge in Illinois on June 27 dismissed a borrower's challenge to the Federal Deposit Insurance Corp.'s denial of deposit insurance, finding that the FDIC "had a rational basis" to deny the claim (Village of Sugar Grove v. Federal Deposit Insurance Corp., et al., No.10-3562, N.D. Ill.; 2013 U.S. Dist. LEXIS 90335).
CHICAGO - The First District Illinois Appellate Court on June 25 overturned summary judgment for the defendants in a premises liability action, ruling that the plaintiff presented sufficient evidence to show that her injury had been caused by an unnatural accumulation of ice and snow in a parking lot (Diana Terry v. American Multi-Cinema Inc., et al., No. 1-12-1800, Ill. App., 1st Dist., Div. 2; 2013 Ill. App. Unpub. LEXIS 1366).
CLEVELAND - Saying it would take an "absolute guess" to decipher a jury's intent in awarding an asbestos plaintiff no compensatory award but then imposing punitive damages of $700,000, an Illinois appeals court on June 26 remanded for a new trial on negligence claims (Larry Dunham and Mary Venturini Dunham v. Honeywell International Inc., et al., No. 4-12-0608, Ill. App., 4th Dist.).
CHICAGO - A federal judge in Illinois on June 25 dismissed a shareholder derivative lawsuit, finding, among other things, that claims brought against a company's directors and officers had been corrected and were therefore moot (Jan Donnawell v. Daniel Hamburger, et al., No. 12-cv-09074, N.D. Ill.; 2013 U.S. Dist. LEXIS 89353).
CHICAGO - Dismissal of an investor's complaint against an investment firm and its president is not proper because the investor properly pleaded his federal securities law claims, a federal judge in Illinois ruled June 24 (Ketan Patel v. Mahendra Wagha, et al., No. 13-468, N.D. Ill.; 2013 U.S. Dist. LEXIS 87913).
CHICAGO - An Illinois federal judge on June 24 dismissed breach of contract and discrimination claims asserted by a syrup maker and its owner in relation to an allegedly moldy product, finding that a retailer and various individuals did not breach any legal contract with the owner or discriminate against him when they terminated the parties' business relationship (Margie's Brand Inc., et al. v. Safeways Inc., et al., No. 12-7918, N.D. Ill.; 2013 U.S. Dist. LEXIS 88403).
CHICAGO - The First District Illinois Appellate Court on June 20 upheld a jury's award for a man who injured his knee while on the job, concluding that it was "unable and unwilling to substitute our view for that of the jury" (Robert Jones v. Bibiana Bojorge, et al., No. 1-12-3209, Ill. App., 1st Dist., 4th Div.; 2013 Ill. App. LEXIS 414).
CHICAGO - A federal judge in Illinois on June 14 refused to adopt the idea of selective waiver with regard to the preservation of privilege for documents turned over to government agencies and ordered Allstate Insurance Co. to produce information it submitted to the Securities Exchange Commission and U.S. Department of Labor (DOL) in response to a discovery request filed by plaintiffs in a defamation lawsuit (Daniel Rivera, et al. v. Allstate Insurance Company, No. 10 C 1733, N.D. Ill.; 2013 U.S. Dist. LEXIS 83761).
CHICAGO - A federal judge in Illinois on June 5 denied a group of directors' and officers' motion to dismiss a shareholder derivative lawsuit, finding that the shareholders had adequately raised a reasonable doubt that the directors and officers exercised proper business judgment regarding alleged wrongdoing (In re Abbott Depakote Shareholder Derivative Litigation, No. 11-cv-8114, N.D. Ill.; 2013 U.S. Dist. LEXIS 78841).
BLOOMINGTON, Ill. - An Illinois appellate court on June 7 set July 16 for oral arguments in a case in which a judge vacated portions of an $89.6 million asbestos conspiracy jury verdict, according to court records (Charles Gillenwater v. Honeywell International Inc., et al., No. 4-12-0958, Ill. App., 4th Dist.).
OAKLAND, Calif. - A California jury on June 5 imposed $11 million in punitive damages on a company accused of exposing a worker's wife to asbestos, bringing the total award to $27,342,500 (Rose-Marie and Martin Grigg v. Owens-Illinois Inc., No. RG12629580, Calif. Super., Alameda Co.).
CHICAGO - An Illinois federal judge on June 6 denied motions to quash by three Doe defendants accused of illegal online file sharing, finding that their concerns over privacy and unfair settlement tactics were insufficient to quash discovery motions filed by an adult entertainment firm on their respective Internet service providers (ISPs) (Malibu Media, LLC vs. John Does 1-21, No. 1:12-cv-09656, N.D. Ill.; 2013 U.S. Dist. LEXIS 79433).
CHICAGO - A unanimous panel of the First District Illinois Appellate Court, Second Division, affirmed a defense verdict June 4 in a lawsuit alleging that in utero exposure to an adhesive with Bisphenol A as its primary component caused the plaintiff's son to be born with multiple birth defects (Brenda Lash-Perez, et al. v. Henkel Corp. nka Henkel Loctite Corp., No. 12-23, Ill. App. 1st Dist., 2nd Div.; 2013 Ill. App. Unpub. LEXIS 1170; 2013 IL App. (1st) 120023-U).
URBANA, Ill. - An Illinois federal judge on June 4 ruled that an insurer has no duty to defend or indemnify two employees of the Edgar County, Ill., sheriff who were convicted of unlawfully engaging in sexual conduct with a person who was in the custody of a penal institution, finding that the actions of the convicted did not "arise out of" the performance of law enforcement activities (U.S. Specialty Ins. Co. v. Kent A. Rhoads, et al., No. 11-CV-2217, C.D. Ill.; 2013 U.S. Dist. LEXIS 78071).
CHICAGO - The claimed assignee to certain rights under a number of reinsurance agreements told the Seventh Circuit U.S. Court of Appeals on June 3 that its reinsurer should post pre-pleading security with the lower court pursuant to an Illinois state insurance law (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 13-1364, 7th Cir.).
TOLEDO, Ohio - An Illinois state judge on June 3 vacated his order vacating common benefit hold-backs in the contaminated heparin litigation after a federal judge overseeing the heparin multidistrict litigation issued a temporary restraining order against implementation of the state court order (In Re: Alleged Contaminated Heparin, No. 08-L-003592, et al., Ill. Cir., Cook Co., In Re: Heparin Products Liability Litigation, MDL Docket No. 1953, No. 1:08-hc-60000, N.D. Ohio, Western Div.).
ELGIN, Ill. - The Second District Illinois Appellate Court on May 30 affirmed a trial court decision in a construction defects dispute, determining that the plaintiff failed to establish fraud in fact or fraud in law under the Uniform Fraudulent Transfer Act (Mervyn Cohen v. Larry Basil, et al., No. 2-12-0785, Ill. App., 2nd Dist.; 2013 Ill. App. Unpub. LEXIS 1151).
TOLEDO, Ohio - An Ohio federal judge overseeing the heparin multidistrict litigation on May 29 issued a temporary restraining order against an Illinois state court judge's order that purports to override the MDL court's common benefit fee order to benefit state court plaintiff attorneys (In Re: Heparin Products Liability Litigation, MDL Docket No. 1953, No. 1:08-hc-60000, N.D. Ohio, Western Div.).
CHICAGO - Because a complaint fails to identify any third party or publication that allegedly infringed a series of copyrights, an Illinois federal judge on May 29 dismissed allegations of contributory infringement (Panoramic Stock Images Ltd. v. Pearson Education Inc., No. 12-9918, N.D. Ill.).
CHICAGO - A consumer has failed to plead either of his federal credit-reporting and debt-collection law claims against LexisNexis, a federal judge in Illinois ruled May 22 in dismissing the consumer's complaint (Rodney Smith v. LexisNexis, No. 12-8872, N.D. Ill.; 2013 U.S. Dist. LEXIS 72672).
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeal on May 15 affirmed a ruling that an insurer has a duty to defend its insured for costs related to alleged violations of the Clean Air Act (CAA) because the policy's fines and penalties exclusion does not preclude coverage for the injunctive relief imposed by the U.S. Environmental Protection Agency (Louisiana Generating LLC, et al., v. Illinois Union Insurance Co., Nos. 12-30651, 12-30877, 12-30879, 5th Cir.).
CHICAGO - A federal magistrate judge in Illinois on May 16 granted the U.S. government's motion for summary judgment in a student-loan collection suit and rejected the debtor's $50 million counterclaim, finding that a district court lacked subject matter jurisdiction over the claim (United States of America v. Derrick B. Tartt, No. 12-1416, N.D. Ill.; 2013 U.S. Dist. LEXIS 69439).