LexisNexis® Legal Newsroom
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Judge Denies Summary Judgment On Enforceability Of Reinsurance Contract

CHICAGO - A federal judge in Illinois on March 27 denied a co-reinsurer's motion for summary judgment regarding the enforceability of an unsigned reinsurance contract, noting that the parties dispute many of the facts that support the contract's ...read more

Illinois Judge Finds Causation, Reliance Lacking In Annuity Disclosure Case

CHICAGO - An elderly widow has not shown that representations in an allegedly untimely disclosure form factored into her purchase of an annuity or decision to keep the policy past the 30-day free cancellation period, a federal judge in Illinois held March ...read more

7th Circuit Affirms Dismissal Of Copyright Claims Filed By Estate

CHICAGO - An Illinois federal judge did not err in rejecting allegations of copyright infringement and breach of fiduciary duty levied by the estate of a bluesman, the Seventh Circuit U.S. Court of Appeals ruled March 29 (Estate of Joe Brown v. Arc Music ...read more

Reinsurance Broker Owes Damages For Breach Of Contract, Judge Concludes

CHICAGO - A reinsurance broker owes $744,402.06 to the parent company of an insurer under a revenue-sharing agreement, an Illinois federal judge ruled March 29, finding that the broker breached its contract by failing to hand over some of the commissions ...read more

Panel: Failure To Apply Excess Payment Made Policy Cancellation Inappropriate

ELGIN, Ill. - An insurer was obligated to credit a policyholder's excess balance to an amount due rather than canceling the policy for nonpayment, an Illinois appeals panel found March 29, upholding a lower court's ruling that the insurer breached ...read more

Dominion Energy To Pay $13.2M To Resolve Clean Air Act Violations

SPRINGFIELD, Ill. - Dominion Energy Inc. and the federal government on April 1 entered into a proposed consent decree in Illinois federal court in which the company agreed to pay $3.4 million in civil penalties and spend $9.8 million on environmental ...read more

Federal Magistrate Dismisses State Wage Claim For 2nd Time, Allows Amendment

CHICAGO - A cable company line technician's class overtime claim under the Illinois Wage Payment and Collection Act (IWPCA) was dismissed the second time in an April 11 opinion filed by an Illinois federal magistrate judge, who opined that such a ...read more

Consumer's Federal Debt Collection Law Claims Are Time-Barred, Judge Rules

CHICAGO - Dismissal of a consumer's complaint against a debt collector for alleged violations of state and federal debt collection laws is proper because the consumer's federal claims are time-barred under the relevant statute of limitations, ...read more

2nd DePuy ASR Hip Trial Ends In Defense Verdict For Johnson & Johnson

CHICAGO - An Illinois state court jury on April 16 found in favor of DePuy Orthopedics Inc. in the second ASR XL metal-on-metal hip lawsuit to go to trial (Carol Strum v. DePuy Orthopaedics Inc., et al., No. 2011-L-009352, Ill. Cir., Cook Co.). ...read more

Panel Upholds $1.2M Reimbursement Claim By Insurer's Liquidator

CHICAGO - An Illinois appeals panel on April 16 affirmed a liquidator's recommended amount of $1.2 million on a reimbursement claim against an insolvent insurer and in favor of principals of an insured sued in an underlying personal injury lawsuit ...read more

County Mental Health Board Is Immune From Antitrust Suit, Federal Judge Rules

ROCKFORD, Ill. - An action alleging that a community mental health board established by McHenry County, Ill., violated federal antitrust law by demanding recoupment of fees paid from an organization that the board found engaged in improper billing practices ...read more

No Coverage For Damages Caused By Retention Pond, Ill. Appeals Panel Determines

OTTAWA, Ill. - An insurer has no duty to defend its insureds for an underlying suit alleging damages to cropland as a result of the insureds' construction of a holding pond because the policy specifically excludes coverage for interference with the ...read more

9th Circuit Reverses, Remands For Reconsideration Of Breach Of Contract Claim

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on April 26 reversed and remanded an errors and omissions liability insurance coverage suit for reconsideration of the insured's breach of contract claim against the insurer and the proper ...read more

Illinois Jury Awards $2.2M To Widower In 1st Humira Infection Case To Go To Trial

CHICAGO - An Illinois state court jury on May 9 found Abbott Laboratories negligent and ordered it to pay a plaintiff $2,244,063 for a near-fatal infection his late wife suffered while taking the rheumatoid arthritis drug Humira, according to the plaintiff's ...read more

Fired Chicago Tenured Teachers' Due Process Claims Tossed By Illinois Federal Judge

CHICAGO - Tenured Chicago teachers were not denied their constitutionally protected property interest in continued employment when they were dismissed without individualized determinations of their qualifications, certifications, experience and performance ...read more

Illinois Panel: No Coverage For Claims That Meat Producer Illegally Used Hormones

CHICAGO - The First District Illinois Appellate Court, Fifth Division, on May 10 affirmed a lower court's ruling that an insurer has no duty to defend its meat-producing insured against federal criminal allegations that it illegally used hormones ...read more

Illinois Panel Partly Reverses Ruling In Coverage Suit Over Priest's Sexual Abuse

CHICAGO - An Illinois appeals panel on May 13 reversed a lower court's summary judgment ruling in favor of a Catholic religious order's general liability insurer in a coverage dispute arising from a priest's alleged molestation of minors but ...read more

National Hockey League Faces Claims Player Died From Painkiller Overdose

CHICAGO - The parents of a former professional hockey player who died after a battle with addiction to prescription painkillers allegedly used to deal with chronic head injuries filed a complaint in an Illinois state court on May 10 for the wrongful death ...read more

Illinois Judge Puts 3 Insurance Companies Into Liquidation

CHICAGO - An Illinois judge ordered Lumbermens Mutual Casualty Co., American Manufacturers Mutual Insurance Co. and American Motorists Insurance Co. into liquidation on May 10 (People of the State of Illinois, ex rel. Andrew Boron, Director of Insurance ...read more

Penalties Exclusion Does Not Preclude Coverage, 5th Circuit Panel Says

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 ...read more

Consumer Failed To Plead Credit-Reporting, Debt-Collection Claims, Judge Rules

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 ...read more

Heparin MDL Judge Enjoins State Judge's Order Changing Common Benefit Obligation

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 ...read more

Ill. State Judge Vacates Heparin Fees, Costs Order In Wake Of Federal Injunction

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 ...read more

Judge: No Coverage For County Sheriff Employees Convicted Of Unlawful Conduct

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 ...read more

California Jury Awards $27,342,500 In Take-Home Asbestos Case

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 ...read more