LexisNexis® Legal Newsroom
Mealey's Insurance - Panel: No Defense Owed For Additional Insured's Alleged Intentional Bad Acts

CHICAGO - An insurer had no duty to defend an additional insured for construction defects in condominium units because nothing accidental was alleged, an Illinois appeals panel affirmed July 20, finding that the allegations include the additional insured's intentional bad acts or awareness of faulty workmanship (Westfield Insurance Co. v. West Van Buren, LLC and 933 Van Buren Condominium Association, No. 1-14-0862, Ill. App., 1st Dist.; 2016 Ill. App. LEXIS 473).

Mealey's Litigation Procedure - Art Historian May Testify To Market Value Of Work, Illinois Federal Judge Finds

CHICAGO - An art historian may opine that if a signature were authenticated, the market value for a piece of art would be between $6 million and $8 million, an Illinois federal judge ruled July 21, declining to exclude the historian's testimony (Robert Fletcher and Bartlow Gallery Ltd. v. Peter Doig, No. 13-3270, N.D. Ill.; 2016 U.S. Dist. LEXIS 95081).

Mealey's Insurance - Illinois Federal Judge Adopts Additional Findings; Judgment Properly Entered For Insurer

CHICAGO - An Illinois federal judge on July 15 agreed to adopt a disability claimant's proposed additional findings; however, the judge said the judgment in favor of a disability insurer will stand because the claimant still did not prove that he was continuously disabled under the policy at issue (Stephen Dorf v. Standard Insurance Co., as successor to Minnesota Life Insurance Co., No. 13-6479, N.D. Ill.; 2016 U.S. Dist. LEXIS 92538).

Mealey's Litigation Procedure - Yahoo, Message Recipient Debate Article III Standing In TCPA Class Action

CHICAGO - Yahoo Inc. and the lead plaintiff in a lawsuit brought under the Telephone Consumer Protection Act (TCPA) filed simultaneous briefs in Illinois federal court July 15, debating whether the plaintiff had sufficiently pleaded damages to establish standing under Article III of the U.S. Constitution (Rachel Johnson v. Yahoo! Inc., No. 1:14-cv-02028, N.D. Ill.).

Mealey's IP/Tech - Yahoo, Message Recipient Debate Article III Standing In TCPA Class Action

CHICAGO - Yahoo Inc. and the lead plaintiff in a lawsuit brought under the Telephone Consumer Protection Act (TCPA) filed simultaneous briefs in Illinois federal court July 15, debating whether the plaintiff had sufficiently pleaded damages to establish standing under Article III of the U.S. Constitution (Rachel Johnson v. Yahoo! Inc., No. 1:14-cv-02028, N.D. Ill.).

Mealey's Litigation Procedure - Federal Magistrate Judge Excludes Partial Expert Testimony In Admiralty Suit

CHICAGO - In an admiralty case, an Illinois federal magistrate judge on July 14 excluded an expert from testifying that boat captains could have requested that gates again be closed as they were approaching the protection cells (In the matter of the complaint of Ingram Barge Co. as owner of the M/V Dale A. Heller and the IB9525, IN025300, IN085089, IN095041, IN096081, IN107057, and IN117513, petitioning for exoneration from or limitation of liability, No. 13-3453 c/w In the matter of American Commercial Lines, LLC, as owner and Inland Marine Service, Inc., as owner pro hac vice of the M/V Loyd Murphy for exoneration from or limitation of liability, No. 13-4292, N.D. Ill.; 2016 U.S. Dist. LEXIS 91411).

Mealey's Health Law - Judge Places ACA Health Care Marketplace Co-Op Into Rehabilitation

CHICAGO - An Illinois judge on July 14 placed a Patient Protection and Affordable Care Act (ACA) health care marketplace co-op into rehabilitation because, according to the state's acting director of insurance, the insurer will suffer a $68 million loss due to the actions of Congress and the Centers for Medicare & Medicaid Services, which would place the insurer in a hazardous position (People of the State of Illinois, ex rel. Anne Melissa Dowling, Acting Director of Insurance of the State of Illinois v. Land of Lincoln Mutual Health Insurance Company, No. 2016CH09210, Ill. Cir., Cook Co., Chanc. Div.).

Mealey's Insurance - Judge Places ACA Health Care Marketplace Co-Op Into Rehabilitation

CHICAGO - An Illinois judge on July 14 placed a Patient Protection and Affordable Care Act (ACA) health care marketplace co-op into rehabilitation because, according to the state's acting director of insurance, the insurer will suffer a $68 million loss due to the actions of Congress and the Centers for Medicare & Medicaid Services, which would place the insurer in a hazardous position (People of the State of Illinois, ex rel. Anne Melissa Dowling, Acting Director of Insurance of the State of Illinois v. Land of Lincoln Mutual Health Insurance Company, No. 2016CH09210, Ill. Cir., Cook Co., Chanc. Div.).

Mealey's Banking & Finance - Santander's Motion To Dismiss Debt Collection Class Claim Fails

CHICAGO - An Illinois federal judge on July 11 denied a motion by Santander Consumer USA Inc. to dismiss the Fair Debt Collection Practices Act (FDCPA) claim in a class suit accusing it of hounding debtors by phone and then charging them excessive fees for payments made over the phone or online (Cheryl Johnson-Morris, et al. v. Santander Consumer USA, Inc., No. 16-1456, N.D. Ill.; 2016 U.S. Dist. LEXIS 89081).

Mealey's Litigation Procedure - Santander's Motion To Dismiss Debt Collection Class Claim Fails

CHICAGO - An Illinois federal judge on July 11 denied a motion by Santander Consumer USA Inc. to dismiss the Fair Debt Collection Practices Act (FDCPA) claim in a class suit accusing it of hounding debtors by phone and then charging them excessive fees for payments made over the phone or online (Cheryl Johnson-Morris, et al. v. Santander Consumer USA, Inc., No. 16-1456, N.D. Ill.; 2016 U.S. Dist. LEXIS 89081).

Mealey's Litigation Procedure - 7th Circuit Affirms Dismissal Of Suit Over Illinois Highway Toll Fines

CHICAGO - An Ohio resident who sued the Illinois State Toll Highway Authority for allegedly failing to properly inform drivers about how the highway tolls work failed to state a claim for relief, the Seventh Circuit U.S. Court of Appeals ruled July 8 (Jeffrey D. Cochran v. Illinois State Toll Highway Authority, et al., No. 15-2689, 7th Cir.; 2016 U.S. App. LEXIS 12567).

Mealey's Insurance - Judge: Asbestos-Related Reinsurance Case Shall Stay In Illinois Federal Court

CHICAGO - A federal judge in Illinois on July 11 denied an insurer's motion to transfer an asbestos-related late notice reinsurance dispute to a federal court in California (R&Q Reinsurance Company v. The American Insurance Company, No. 16-cv-04199, N.D. Ill.).

Mealey's PI/Product Liability - Former NFL Player Files Product Defect Suit Against Helmet Company

CHICAGO - A former National Football League (NFL) player sued a helmet maker in Illinois state court on July 7, claiming that the helmet maker led players to believe that their helmets would protect them from head injury (Paul Hornung, et al v. BRG Sports LLC, et al., No. 2016-L-006686, Ill. Cir., Cook Co.).

Mealey's Litigation Procedure - Plaintiffs Oppose Google's Motion To Biometrics Suit Over 'Google Photos' Feature

CHICAGO - Two plaintiffs that filed putative class complaints alleging that Google Inc. violated Illinois' Biometric Information Privacy Act (BIPA) via facial recognition capability in its "Google Photos" feature, filed a brief on July 1 in Illinois federal court opposing Google's motion to dismiss, arguing that the Internet giant violated the statute by collecting their biometric identifiers without their consent (Lindabeth Rivera v. Google Inc., No. 1:16-cv-02714, and Joseph Weiss v. Google Inc., No. 1:16-cv-02870, N.D. Ill.).

Mealey's Insurance - Insurer Urges Illinois Federal Court To Transfer Reinsurance Case To California

CHICAGO - An insurer told a federal court in Illinois on July 5 that its reinsurer's case against it should be transferred to a federal court in California because the dispute is centered in California and not Illinois (R&Q Reinsurance Company v. The American Insurance Company, No. 16-cv-04199, N.D. Ill.).

Mealey's IP/Tech - 7th Circuit: Lanham Act Dispute Over Drink Ad Properly Dismissed

CHICAGO - An Illinois federal judge did not err in dismissing Lanham Act claims levied by the holder of the world record holder for "hacky sack," the Seventh Circuit U.S. Court of Appeals affirmed June 30 (Johannes T. Martin v. Living Essentials LLC, No. 16-1370, 7th Cir.; 2016 U.S. App. LEXIS 12057).

Mealey's Toxic Tort/Environmental - Consultant Must Produce Unredacted Agendas Of Asbestos Meetings, Court Affirms

MOUNT VERNON, Ill. - Consulting firm Exponent Inc. must produce unredacted versions of agendas for its meetings with Ford Motor Co. and other asbestos-friction defendants, an Illinois appeals court held June 30 (In re: All Litigation filed by Maune, Raichle, Hartley, French & Mudd LLC v. 3M Co., et al., No. 5-15-0235, Ill. App., 5th Dist.; 2016 Ill. App. Unpub. LEXIS 1392).

Mealey's Insurance - Assignee Of Reinsurance Recoverables Asks For Leave To Amend Complaint

CHICAGO - The assignee of certain reinsurance recoverables asked a federal court in Illinois on June 28 to amend and correct its judgment and allow for the filing of an amended complaint adding certain missing elements of its claims against a Brazilian reinsurer (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 12-cv-06357, N.D. Ill.; 2016 U.S. Dist. LEXIS 70462).

Mealey's Insurance - Reinsurer Says Reinsured's Affirmative Defenses Should Be Stricken

CHICAGO - In a late notice asbestos-related reinsurance case, a reinsurer asked a federal court in Illinois on June 27 to strike a reinsured's affirmative defenses because they are allegedly unsupported by sufficient facts (R&Q Reinsurance Company v. The American Insurance Company, No. 16-cv-04199, N.D. Ill.).

Mealey's Insurance - Panel Says Primary Policy Must Be Exhausted Before SIR Reimbursement Is Required

CHICAGO - The Sixth Division of the First District Illinois Appellate Court on June 24 determined that an excess insurer is not entitled to collect a $1 million self-insured retention (SIR) from its insureds for claims paid in an underlying environmental contamination suit because the primary policy must be exhausted before the insured is required to reimburse the excess insurer for the SIR (Greenwich Insurance Co., et al. v. John Sexton Sand and Gravel Corp. et al., No. 1-15-1606, Ill. App., 1st Dist., 6th Div.).

Mealey's Litigation Procedure - Attorney Fees Award Vacated In Southwest Voucher Litigation

CHICAGO - Nearly two months after agreeing to award additional attorney fees in a settled class suit against Southwest Airlines Co. over its decision to stop honoring drink vouchers, an Illinois federal judge on June 22 granted a motion for reconsideration and vacated the fee award to provide the class with notice of the request for additional fees (In re: Southwest Airlines Voucher Litigation, No. 11-8176, N.D. Ill.; 2016 U.S. Dist. LEXIS 80834).

Mealey's PI/Product Liability - Warning Claims Based On FDA Reporting Requirements Are Not Preempted, Judge Says

CHICAGO - An Illinois federal judge said June 23 that there is no express or implied federal preemption of a claim that Smith & Nephew Inc. violated the reporting requirements for its Birmingham metal-on-metal hip prosthesis (Terence Laverty, et al. v. Smith & Nephew, Inc., No. 15-9485, N.D. Ill., Eastern Div.; 2016 U.S. Dist. LEXIS 81789).

Mealey's PI/Product Liability - Abbott, AbbVie Must Produce Adverse Event Reports For AndroGel Testosterone

CHICAGO - The Illinois federal judge overseeing the testosterone multidistrict litigation on June 22 granted a plaintiffs' motion compelling defendants Abbott Laboratories and AbbVie Inc. to produce full drug safety and investigation files for 269 adverse events reported to the Food and Drug Administration concerning AndroGel (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div.).

Mealey's PI/Product Liability - Illinois Court Differentiates Harm From Injury In Asbestos Tape Case

SPRINGFIELD, Ill. - A man may suffer harm in the form of pleural plaques without a resulting symptomatic injury on which a suit could be based under the Restatement (Second) of Torts, a divided Illinois appeals court held June 20 in reversing a verdict (Joseph Sondag and Phyllis Sondag v. Pneumo Abex Corp., et al., No. 4-14-0918, Ill. App., 4th Dist.; 2016 Ill. App. LEXIS 380).

Mealey's Bankruptcy - Asbestos Personal Injury Claimants Reject Budd's Plan Of Reorganization

CHICAGO - Asbestos claimants were the only class to reject the proposed Chapter 11 plan of reorganization for debtor The Budd Co. Inc., voting 958-696 against the plan, despite a recommendation to approve the plan by the official asbestos claimants' committee, according to a balloting report filed June 20 in Illinois federal bankruptcy court (In re: The Budd Company, Inc., No. 14-11873, N.D. Ill. Bkcy.).