LexisNexis® Legal Newsroom
Mealey's IP/Tech - McDonald's Denies That Website, App Violate Blind Man's ADA Rights

CHICAGO - In a June 26 answer filed in Illinois federal court, McDonald's Corp. denies that it violated the Americans With Disabilities Act (ADA) by not providing equal access to its website and mobile app for visually impaired individuals, asking the court to dismiss the complaint brought by a California man (Sean Gorecki v. McDonald's Corporation, No. 1:17-cv-03036, N.D. Ill.).

Mealey's IP/Tech - Professional Services Exclusion Does Not Apply, Federal Judge Reiterates

CHICAGO - An Illinois federal judge on June 21 denied insurers' motion to reconsider an earlier ruling that a professional services exclusion does not apply to bar coverage for an underlying lawsuit alleging that a consulting company insured conspired with a competitor's former employee to use the competitor's copyrighted material and other confidential information (Caveo, LLC v. Citizens Insurance Company of America, Inc., et al., No. 15-6200, N.D. Ill., 2017 U.S. Dist. LEXIS 95432).

Mealey's Insurance - Professional Services Exclusion Does Not Apply, Federal Judge Reiterates

CHICAGO - An Illinois federal judge on June 21 denied insurers' motion to reconsider an earlier ruling that a professional services exclusion does not apply to bar coverage for an underlying lawsuit alleging that a consulting company insured conspired with a competitor's former employee to use the competitor's copyrighted material and other confidential information (Caveo, LLC v. Citizens Insurance Company of America, Inc., et al., No. 15-6200, N.D. Ill., 2017 U.S. Dist. LEXIS 95432).

Mealey's Litigation Procedure - Magistrate Judge Denies Motion To Compel In Trade Secrets Lawsuit

CHICAGO - A federal magistrate judge in Illinois on June 20 denied a motion to compel filed by defendants in a misappropriation of trade secrets lawsuit, ruling that the plaintiff has agreed to provide certain information to the defendants as soon as it is located (PolyOne Corp. v. Yun Martin Lu, et al., No. 14-10369, N.D. Ill., 2017 U.S. Dist. LEXIS 94508).

Mealey's Litigation Procedure - Facebook Seeks Renewed Discovery Stay In Biometrics Class Action

SAN FRANCISCO - Facebook Inc. on June 19 moved to renew a motion to stay discovery in a putative class action alleging that the social network violated Illinois' Biometric Information Privacy Act (BIPA), which it originally filed in California federal court in February, arguing that a pending Ninth Circuit U.S. Court of Appeals ruling could be dispositive of disputed jurisdictional questions and could moot the plaintiffs' discovery requests (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).

Mealey's PI/Product Liability - Parties In Fluidmaster MDL To Hold July 14 Settlement Conference

CHICAGO - The federal judge in Illinois presiding over a multidistrict litigation for lawsuits claiming that coupling nuts and hoses in water supply lines made by Fluidmaster Inc. are defective on June 14 stated that the parties will meet for a settlement conference on July 14 (In re: Fluidmaster, Inc., Water Connector Components Products Liability Litigation, MDL 2575, No. 14-cv-5696, N.D. Ill.).

Mealey's Labor & Employment - Illinois Federal Judge: Woman's ADEA Claims Not Adverse Employment Actions

CHICAGO - An Illinois federal judge on June 15 granted the Illinois Department of Human Services' motion for summary judgment in an Age Discrimination in Employment Act (ADEA) lawsuit, saying the plaintiff failed to show that any of the claims she alleged constituted a materially adverse employment action (Diannah Evans v. Illinois Department of Human Services, No. 15-cv-4098, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 91908).

Mealey's Insurance - Illinois Panel Finds Stay Of Coverage Suit Over Defamation Claim Is Appropriate

ELGIN, Ill. - An Illinois appeals panel on June 14 reversed and remanded a lower court's denial of an insured's motion to stay his insurer's declaratory judgment lawsuit challenging coverage for an underlying defamation claim (State Farm Fire & Casualty Company v. David John and Wheaton College, No. 2-17-0193, Ill. App., 2nd Dist., 2017 Ill. App. LEXIS 378).

Mealey's PI/Product Liability - Court Reverses Forum Ruling Where Plaintiff Couldn't Solidly Identify Exposure

CHICAGO - A trial judge erred in denying forum non conveniens transfer where the plaintiff was at best equivocal regarding his exposure in his chosen forum, an Illinois appeals court held June 13 (Irvin Rohl and Marlene Rohl v. Borg Warner Corp., et al., No. 2016 L 676, Ill. App., 1st Dist., 2017 Ill. App. Unpub. LEXIS 1148).

Mealey's Toxic Tort/Environmental - Court Reverses Forum Ruling Where Plaintiff Couldn't Solidly Identify Exposure

CHICAGO - A trial judge erred in denying forum non conveniens transfer where the plaintiff was at best equivocal regarding his exposure in his chosen forum, an Illinois appeals court held June 13 (Irvin Rohl and Marlene Rohl v. Borg Warner Corp., et al., No. 2016 L 676, Ill. App., 1st Dist., 2017 Ill. App. Unpub. LEXIS 1148).

Mealey's PI/Product Liability - Illinois Appeals Panel Remands Medical Malpractice Suit For Further Proceedings

ELGIN, Ill. - An Illinois appellate panel on June 12 found that a trial court erred in dismissing a medical malpractice suit because it did not apply the "agreement-in-effect" exception to the res judicata doctrine (Robert Kantner v. Ladonna Jo Waugh, et al., No. 2-16-0848, Ill. App., 2nd Dist., 2017 Ill. App. LEXIS 371).

Mealey's IP/Tech - Illinois Federal Judge: State Law Claims Are Preempted By Copyright Act

CHICAGO - Allegations by the heir of songwriter Calvin Carter that various music publishers committed contributory and vicarious copyright infringement by licensing to third parties the performance rights to Carter's work will proceed, an Illinois federal judge ruled June 9 (Tollie Carter v. ARC/Conrad Music LLC, et al., No. 16-6786, N.D. Ill., 2017 U.S. Dist. LEXIS 88509).

Mealey's PI/Product Liability - 1st AndroGel Bellwether Trial Ends Due To Mistrial

CHICAGO - The first bellwether trial in a multidistrict litigation for suits involving injuries allegedly caused by the use of testosterone replacement therapy ended June 12 when a federal judge in Illinois granted the plaintiff's oral motion for a mistrial (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Jeffrey Konrad v. AbbVie, Inc., No. 15-966, N.D. Ill., Eastern Div.).

Jury Awards Boy $15M For Depakote Birth Defects, Awards No Punitive Damages

EAST ST. LOUIS, Ill. - A federal jury in Illinois on June 9 awarded $15 million in compensatory damages to a boy who was born with spina bifida as a result of his mother's use of Depakote during pregnancy, after finding that the drug maker failed to warn doctors about the risk, but the jury found that the company's conduct did not warrant punitive damages (E.G., et al. v. Abbott Laboratories Inc., No. 15-702, S.D. Ill.).

Mealey's PI/Product Liability - Environmental Asbestos Exposure Claims Fail; Patent Claims Frivolous, Court Says

MADISON, Wis. - Environmental asbestos exposure claims appear to simply be an attempt at avoiding the exclusivity provision of the state's workers' compensation law, while claims involving the licensing of a patent appear entirely frivolous and must be explained, the Seventh Circuit U.S. Court of Appeal held June 6 while affirming judgment for the two companies at the heart of the appeal (Janet Pecher, et al. v. Owens-Illinois Inc., No. 16-1799, Dianne Jacobs, et al. v. Rapid American and Weyerhaeuser Co. and Owens-Illinois Inc., No. 16-2376, Katrina Masephol v. Weyerhaeuser Co., et al., No. 16-2377, Robert Sydow, et al. v. Owens-Illinois Inc., No. 16-2378, Kathy Boyer v. Owens-Illinois Inc., No. 16-2379, Janice Seehafer v. Weyerhaeuser Co., et al., No. 16-2380., 7th Cir.).

Mealey's Toxic Tort/Environmental - Environmental Asbestos Exposure Claims Fail; Patent Claims Frivolous, Court Says

MADISON, Wis. - Environmental asbestos exposure claims appear to simply be an attempt at avoiding the exclusivity provision of the state's workers' compensation law, while claims involving the licensing of a patent appear entirely frivolous and must be explained, the Seventh Circuit U.S. Court of Appeal held June 6 while affirming judgment for the two companies at the heart of the appeal (Janet Pecher, et al. v. Owens-Illinois Inc., No. 16-1799, Dianne Jacobs, et al. v. Rapid American and Weyerhaeuser Co. and Owens-Illinois Inc., No. 16-2376, Katrina Masephol v. Weyerhaeuser Co., et al., No. 16-2377, Robert Sydow, et al. v. Owens-Illinois Inc., No. 16-2378, Kathy Boyer v. Owens-Illinois Inc., No. 16-2379, Janice Seehafer v. Weyerhaeuser Co., et al., No. 16-2380., 7th Cir.).

Mealey's PI/Product Liability - Federal Judge Dismisses Wrongful Death Suit Against NHL

CHICAGO - A federal judge in Illinois on June 5 granted the National Hockey League's (NHL) motion to dismiss the remaining claims in a complaint which a couple alleged that the league was responsible for their son's death, which was related to drug use, because it failed to warn and protect him from the dangers of concussions because the couple failed to state a claim (Len Boogaard, et al. v. National Hockey League, et al., No. 13-C-4846, N.D. Ill., 2017 U.S. Dist. LEXIS 85338).

Mealey's PI/Product Liability - 1st AndroGel MDL Bellwether Trial Under Way In Illinois

CHICAGO - The first AndroGel multidistrict litigation bellwether trial got underway June 5 in the U.S. District Court for the Northern District of Illinois against AndroGel maker AbbVie Inc. (Jeffrey Konrad v. AbbVie, Inc., No. 15-966, N.D. Ill., Eastern Div.).

Mealey's Banking & Finance - Judge Dismisses Insolvent Insurers' Breach Claims In Mortgage Reinsurance Suit

CHICAGO - An Illinois federal judge on June 1 dismissed breach of contract and breach of the implied covenant of good faith and fair dealing claims brought by the rehabilitator of two insolvent insurers against a mortgage insurance reinsurer and a bank (People of the State of Illinois, ex rel., Anne Melissa Dowling, Acting Director of Insurance of the State of Illinois, as Rehabilitator for Triad Guaranty Insurance Corporation and Triad Guaranty Assurance Corp. v. AAMBG Reinsurance Inc., No. 16-cv-07477, N.D. Ill., 2017 U.S. Dist. LEXIS 84231).

Mealey's Insurance - Judge Enters Judgment For Nautilus Insurance, Finds No Duty To Defend

CHICAGO - An Illinois federal judge on June 1 granted summary judgment and entered a default ruling in favor of an insurer, finding that it had no obligation to indemnify a construction company in an underlying lawsuit because it never received reasonable notice of the case or any claim under the terms of a general liability policy (Nautilus Insurance Co. v. JLL Construction Services, Inc., No. 15-cv-09297, N.D. Ill., 2017 U.S. Dist. LEXIS 83736).

Mealey's Insurance - Judge Dismisses Insolvent Insurers' Breach Claims In Mortgage Reinsurance Suit

CHICAGO - An Illinois federal judge on June 1 dismissed breach of contract and breach of the implied covenant of good faith and fair dealing claims brought by the rehabilitator of two insolvent insurers against a mortgage insurance reinsurer and a bank (People of the State of Illinois, ex rel., Anne Melissa Dowling, Acting Director of Insurance of the State of Illinois, as Rehabilitator for Triad Guaranty Insurance Corporation and Triad Guaranty Assurance Corp. v. AAMBG Reinsurance Inc., No. 16-cv-07477, N.D. Ill., 2017 U.S. Dist. LEXIS 84231).

Mealey's Litigation Procedure - Polygraph Expert Allowed In Civil Rights Case Alleging Wrongful Murder Conviction

CHICAGO - A woman suing Chicago police after being wrongly convicted of murdering her young son can present expert testimony that police erred in giving her a lie detector test during a lengthy interrogation and that her responses to the test were truthful, despite the police labeling the test results as "inconclusive," an Illinois federal judge ruled May 31 (Nicole Harris v. City of Chicago, et al., No. 14-4391, N.D. Ill., 2017 U.S. Dist. LEXIS 82698).

Mealey's Litigation Procedure - Zillow Removes Class Suit Over Housing Value Estimates To Federal Court

CHICAGO - Zillow Inc. and Zillow Group Inc. (collectively, Zillow) on May 25 removed to federal court a class complaint accusing the real estate website of providing inaccurate home value estimates in violation of Illinois state laws (Vipul B. Patel, et al. v. Zillow, Inc., et al., No. 17-4008, N.D. Ill.).

Mealey's PI/Product Liability - Depakote Birth Defect Trial Under Way In Illinois

EAST ST. LOUIS, Ill. - A Depakote birth defect trial got under way on May 23 in an Illinois federal court (E.G., et al. v. Abbott Laboratories Inc., No. 15-702, S.D. Ill.).

Mealey's Litigation Procedure - Injunctive Relief, Warranty Claims Dismissed In Supplements Labeling Suit

CHICAGO - An Illinois federal judge on May 19 denied motions to strike and granted in part and denied in part dismissal motions in a herbal supplement labeling suit, finding the plaintiffs may rely on testing conducted by the New York attorney general (NYAG) (In Re: Herbal Supplements Marketing and Sales Practices Litigation, No. 15-5070, N.D. Ill., 2017 U.S. Dist. LEXIS 76207).