LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Federal Judge: Registration, Illinois Contacts Insufficient For Jurisdiction

BENTON, Ill. - Neither a company's registration to do business in a state nor its employment of individuals in the state rise to the levels required for jurisdiction, a federal judge in Illinois held in dismissing an asbestos action on Dec. 2 (Sylvia Perez, et al. v. Air And Liquid Systems Corp., et al., No. 16-842, S.D. Ill.; 2016 U.S. Dist. LEXIS 166645).

Mealey's Toxic Tort/Environmental - Federal Judge: Registration, Illinois Contacts Insufficient For Jurisdiction

BENTON, Ill. - Neither a company's registration to do business in a state nor its employment of individuals in the state rise to the levels required for jurisdiction, a federal judge in Illinois held in dismissing an asbestos action on Dec. 2 (Sylvia Perez, et al. v. Air And Liquid Systems Corp., et al., No. 16-842, S.D. Ill.; 2016 U.S. Dist. LEXIS 166645).

Mealey's PI/Product Liability - Judge Finds Affidavits Filed In Other Cases, Courts Support Removal

BENTON, Ill. - Affidavits filed in other cases and courts are sufficient for removal of an asbestos case, a federal judge in Illinois held Nov. 30 (Sylvia Perez, et al. v. Air And Liquid Systems Corp., et al., No. 16-842, S.D. Ill.; 2016 U.S. Dist. LEXIS 165279).

Mealey's PI/Product Liability - Illinois Appellate Panel Reverses Summary Judgment In Negligence Suit

ELGIN, Ill. - An appellate panel in Illinois on Dec. 2 reversed and remanded a ruling for summary judgment in favor of a dog owner after finding that there is a question of fact whether two dog owners should have protected a worker from being chased by their dogs, which caused him to injure his ankle (Sean Schmit v. Jacquelyn Smalarz, et al., No. 13-L-30, Ill. App., 2nd Dist.; 2016 Ill. App. Unpub. LEXIS 2560).

Mealey's Toxic Tort/Environmental - Judge Finds Affidavits Filed In Other Cases, Courts Support Removal

BENTON, Ill. - Affidavits filed in other cases and courts are sufficient for removal of an asbestos case, a federal judge in Illinois held Nov. 30 (Sylvia Perez, et al. v. Air And Liquid Systems Corp., et al., No. 16-842, S.D. Ill.; 2016 U.S. Dist. LEXIS 165279).

Mealey's Insurance - Illinois Panel: Appeal Seeking Coverage For $8.4M Junk Fax Ads Award Is Untimely

CHICAGO - An Illinois appeals panel held Dec. 5 that it lacks jurisdiction to hear a claimant's appeal in a dispute over insurance coverage for an underlying $8,414,374.50 judgment arising from unsolicited fax advertisements in violation of the Telephone Consumer Protection Act (TCPA), rejecting the claimant's argument that its certificate of service was timely under the "mailbox rule" (Targin Sign Systems, Inc. v. Illinois Casualty Co., No. 1-15-3538, Ill. App., 1st Dist., 1st Div.; 2016 Ill. App. Unpub. LEXIS 2562).

Mealey's IP/Tech - Lawyer In File-Sharing Case Again Sanctioned For Discovery Violations

EAST ST. LOUIS, Ill. - After an appeals panel partly dismissed sanctions against an attorney as not properly reflecting the harm incurred by a copyright defendant due to the attorney's discovery misconduct and misrepresentations, an Illinois federal judge on Nov. 23 deemed the attorney's actions to be civil contempt and sanctioned him in amount equivalent to the defendant's remaining costs related to the misconduct (Lightspeed Media Corp. v. Anthony Smith, et al., No. 3:12-cv-00889, S.D. Ill.; 2016 U.S. Dist. LEXIS 162981).

Mealey's IP/Tech - Illinois Federal Judge Partially Bars Expert's Opinions In Patent Infringement Lawsuit

CHICAGO - In a patent infringement lawsuit, an Illinois federal judge on Nov. 28 partially granted in part and denied in part a patent owner's motion to exclude an expert's opinions on whether accused products infringed its patents related to agricultural equipment (Not Dead Yet Manufacturing Inc. d/b/a NDY MFG Inc. v. Pride Solutions LLC and May Wes Manufacturing, No. 13-3418, N.D. Ill.; 2016 U.S. Dist. LEXIS 163756).

Mealey's Litigation Procedure - Illinois Federal Judge Trims Claims In Protein Supplement Labeling Suit

CHICAGO - An Illinois federal judge on Nov. 28 partially granted a motion to dismiss filed by a nutritional supplement manufacturer in a class complaint in which the company is accused of falsely labeling its whey protein supplements (Ryan Porter, et al. v. NBTY, Inc., et al., No. 15-11459, N.D. Ill.; 2016 U.S. Dist. LEXIS 163352).

Mealey's Litigation Procedure - Illinois Federal Judge Partially Bars Expert's Opinions In Patent Infringement Lawsuit

CHICAGO - In a patent infringement lawsuit, an Illinois federal judge on Nov. 28 partially granted in part and denied in part a patent owner's motion to exclude an expert's opinions on whether accused products infringed its patents related to agricultural equipment (Not Dead Yet Manufacturing Inc. d/b/a NDY MFG Inc. v. Pride Solutions LLC and May Wes Manufacturing, No. 13-3418, N.D. Ill.; 2016 U.S. Dist. LEXIS 163756).

Mealey's Litigation Procedure - Lawyer In File-Sharing Case Again Sanctioned For Discovery Violations

EAST ST. LOUIS, Ill. - After an appeals panel partly dismissed sanctions against an attorney as not properly reflecting the harm incurred by a copyright defendant due to the attorney's discovery misconduct and misrepresentations, an Illinois federal judge on Nov. 23 deemed the attorney's actions to be civil contempt and sanctioned him in amount equivalent to the defendant's remaining costs related to the misconduct (Lightspeed Media Corp. v. Anthony Smith, et al., No. 3:12-cv-00889, S.D. Ill.; 2016 U.S. Dist. LEXIS 162981).

Mealey's Litigation Procedure - Illinois Federal Judge Sends Class Hacking Suit Back To State Court

EAST ST. LOUIS, Ill. - A class suit accusing an accounting firm of failing to safeguard individuals' personal information after an email account was hacked belongs in state court because the firm failed to provide evidence supporting its prediction that the unidentified amount in controversy exceeds the Class Action Fairness Act's (CAFA) threshold, an Illinois federal judge ruled Nov. 22 (Jennifer Bohnenstiehl, et al. v. McBride, Lock, and Associates, LLC, No. 16-306, S.D. Ill.; 2016 U.S. Dist. LEXIS 161900).

Mealey's Toxic Tort/Environmental - Illinois Wrongful Death Case Sent To Roundup MDL In Northern California

WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on Nov. 28 issued an order transferring another case to the multidistrict litigation for injuries allegedly caused by exposure to the weed killer Roundup, stating that the wrongful death lawsuit brought against Monsanto Co. by an Illinois man involves questions of fact common to other actions already sent to the MDL (In Re: Roundup Products Liability Litigation, No. 2741, JPMDL).

Mealey's Insurance - Illinois Federal Judge Says Discovery Needed Before Duty To Defend Can Be Decided

CHICAGO - An Illinois federal judge on Nov. 23 granted an insurer's motion seeking discovery in an asbestos coverage dispute after finding that the effect of an underlying settlement agreement on the insurer's duty to defend must first be determined before a decision can be made on the insurer's duty to defend the insured against a number of other underlying asbestos suits (The Hillshire Brands Co. v. Travelers Casualty and Surety Co., No. 15-06859, N.D. Ill.; 2016 U.S. Dist. LEXIS 162386).

Mealey's Labor & Employment - Illinois Federal Judge Rules For Pension Fund In Dispute Over Benefits Payments

CHICAGO - An Illinois federal judge on Nov. 21 granted defendants' motions to dismiss a lawsuit alleging that a pension fund, its trustees and its lawyers conspired with each other to have the fund retain and convert the contributions made on a plaintiff's behalf, saying that the plaintiff's state law conversion claim is preempted by Employee Retirement Income Security Act Section 514 and that his conspiracy claim is untenable in light of controlling precedent (John P. Cooney v. Trustees of the Will County Carpenters Local 174 Pension Fund, et al., No. 13-cv-8819, N.D. Ill.; 2016 U.S. Dist. LEXIS 160603).

Mealey's Labor & Employment - Illinois Federal Judge Enforces Settlement, Grants Plumbers Union $82,707

ROCK ISLAND, Ill. - An Illinois federal judge on Nov. 21 granted a motion to enforce the terms of an agreement to settle an Employee Retirement Income Security Act lawsuit and ordered defendant Midwest Underground Inc. to pay the plaintiff plumber union funds $82,707 (Plumbers and Pipefitters Local Union No. 25 Welfare Fund, et al. v. Midwest Underground Inc., No. 4:15-cv-04144, C.D. Ill.; 2016 U.S. Dist. LEXIS 160599).

Mealey's Litigation Procedure - Fire Investigator May Opine On Negligent Design In A Toaster, Federal Judge Says

CHICAGO - A fire and explosion investigator may opine that a negligent design in a toaster caused a fire and that it was unreasonable for the manufacturer to design a toaster that "would indefinitely heat food products to the point of combustion as a result of foreseeable failures and blockages" within the toaster, an Illinois federal judge ruled Nov. 16 (David Ostrinsky, as administrator of the estate of Michael Ostrinsky, deceased v. Black & Decker [U.S.] Inc., et al., No. 15-1545, N.D. Ill.; 2016 U.S. Dist. LEXIS 159447).

Mealey's Litigation Procedure - Expert's Report On Bankrupt Company's Transfer Of Assets Creates Fact Issue, Judge Finds

CHICAGO - A valuation expert's estimation of an engineering consulting firm's assets creates a genuine dispute as to whether the firm possessed valuable goodwill that it transferred during bankruptcy to a manufacturing company, an Illinois federal judge ruled Nov. 17, denying summary judgment to the manufacturing company (David Leibowitz, Chapter 7 Trustee of McDonough Associates Inc. v. Bowman International Inc. f/k/a Bowman International LLC and Bowman Consulting Group Ltd., No. 15-3021, N.D. Ill.; 2016 U.S. Dist. LEXIS 159071).

Mealey's Bankruptcy - John Crane Says Law Firm's Arguments For Dismissal Don't Hold Water

CHICAGO - Asbestos personal injury law firm Simon Greenstone Panatier Bartlett provides no basis in three motions for an Illinois federal court to dismiss fraud, conspiracy and racketeering allegations leveled by John Crane Inc. (JCI), and the claims are sufficiently pleaded to survive the motions, JCI says in a Nov. 11 response brief (John Crane Inc. v. Simon Greenstone Panatier Bartlett, et al., No. 16-5918, N.D. Ill.).

Mealey's Litigation Procedure - Honey Importers Will Pay Nearly $800,000 To Settle Conspiracy Claims

CHICAGO - An Illinois federal judge on Nov. 10 granted final approval of several settlements totaling $796,312 to be paid by U.S. honey importers to end a class complaint in which they have been accused of being involved in a global conspiracy to transship Chinese honey and evade millions of dollars of anti-dumping duties (In Re Honey Transhipping Litigation, No. 13-2905, N.D. Ill.).

Mealey's Litigation Procedure - Facebook Says Illinois Biometric Law Violates U.S. Constitution

SAN FRANCISCO - Facebook Inc. on Nov. 11 filed an amended answer in a putative class action brought against it under Illinois' Biometric Information Privacy Act (BIPA), with the social network operator raising a new affirmative defense that the Illinois statute violates the dormant commerce clause of the U.S. Constitution as applied by the plaintiffs (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).

Mealey's Litigation Procedure - Illinois Federal Judge Allows Medical Testimony In Life Insurance Coverage Dispute

PEORIA, Ill. - In a life insurance payment dispute, a medical doctor may testify on behalf of an estate as to the diagnosis and treatment of a man when he arrived at the hospital and his death, an Illinois federal judge ruled Nov. 9 (Jamie Troeger, administrator of the estate of Gayle Mitchell v. Minnesota Life Insurance Co., No. 14-1083, C.D. Ill..; 2016 U.S. Dist. LEXIS 155334).

Mealey's Litigation Procedure - Biomechanical Engineer May Testify On Mechanics In Accident, Magistrate Judge Says

CHICAGO - A biomechanical engineer is qualified to testify about the mechanics and movements involved in a vehicle accident, an Illinois federal magistrate judge concluded Nov. 8, refusing to exclude an opinion that there was no mechanism that caused a man's injuries (Carlos R. Pike v. Premier Transportation & Warehousing Inc., et al., No. 13-8835, N.D. Ill.; 2016 U.S. Dist. LEXIS 155280).

Mealey's Insurance - Judge Finds Appraisal Clause Binds Insured From Litigating Dispute Over Money

CHICAGO - An appraisal clause's use of the word, "binding" made clear to an insured that by participating in the appraisal process, it foreclosed its opportunity to litigate the amount an insurer owed it for damage to a building covered by the insurance policy, an Illinois federal judge ruled Nov. 7, dismissing a breach of contract claim (70th Court Condo Association v. Ohio Security Insurance Co. and Donan Engineering Co. Inc., No. 16-07723, N.D. Ill.; 2016 U.S. Dist. LEXIS 153959).

Mealey's IP/Tech - Illinois Panel Affirms Ruling In Insurer's Favor In Advertising Injury Dispute

CHICAGO - An Illinois appeals panel on Nov. 8 affirmed a lower court's ruling in favor of an insurer in its declaratory judgment lawsuit disputing coverage for an underlying trademark infringement dispute (Selective Insurance Company Of The Southeast v. Member's Property, Inc., No. 1-14-3436, Ill. App., 1st Dist., 2nd Div.; 2016 Ill. App. Unpub. LEXIS 2366).