LexisNexis® Legal Newsroom
Mealey's IP/Tech - Judge Orders Sprint To Provide Subscriber Info In Yahoo TCPA Class Action

CHICAGO - A month after certifying a class action against Yahoo! Inc. for allegedly violating the Telephone Consumer Protection Act (TCPA) via unsolicited text messages, an Illinois federal judge on Feb. 4 granted a motion to compel cellular service provider Sprint to provide subscriber information for purposes of class notification (Rachel Johnson v. Yahoo! Inc., No. 1:14-cv-02028, and Zenaida Calderin v. Yahoo! Inc., No. 1:14-cv-02753, N.D. Ill.).

Mealey's IP/Tech - Lanham Act Dispute Over Hacky Sack Claims Dismissed

CHICAGO - Citing the "farcical nature" of a television commercial for the popular 5-Hour Energy drink, an Illinois federal judge on Feb. 1 dismissed allegations of false advertising and invasion of privacy levied against the drink maker (Johannes T. Martin v. Living Essentials LLC, No. 15-1647, N.D. Ill.; 2016 U.S. Dist. LEXIS 11287).

Mealey's IP/Tech - 7th Circuit Affirms Preclusion Ruling In Franchise, Trademark Case

CHICAGO - A twice final, unappealed judgment in a Lanham Act case bars any claim for violations of the Illinois Franchise Disclosure Act (IFDA) in a subsequent action, the Seventh Circuit U.S. Court of Appeals ruled Jan. 27 (Window World of Chicagoland LLC and David Hampton v. Window World Inc., No. 5-2224, 7th Cir.; 2016 U.S. App. LEXIS 1255).

Mealey's Litigation Procedure - MDL Judge Preliminarily Approves Revised Class Settlement With College Athletes

CHICAGO - A federal judge in Illinois on Jan. 26 granted preliminary approval to a revised settlement agreement with modifications and conditionally certified a proposed class of current and former college athletes who filed suit against the National Collegiate Athletic Association for allegedly understating the seriousness of concussions and not treating them correctly (In Re: National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, N.D. Ill.; 2016 U.S. Dist. LEXIS 8595).

Mealey's Insurance - Judge Denies Motion To Dismiss Indictments For Misapplying Insurance Proceeds

PEORIA, Ill. - A federal judge in Illinois on Jan. 28 denied a woman's motion to dismiss her indictments for mail fraud and misapplication and theft in connection with health care, finding that her receipt of insurance checks was part of her scheme to defraud insurance companies as well as the dental practice where she worked (United States of America v. Constance Gustafson, No. 15-cr-10043, C.D. Ill.; 2016 U.S. Dist. LEXIS 9949).

Mealey's PI/Product Liability - MDL Judge Preliminarily Approves Revised Class Settlement With College Athletes

CHICAGO - A federal judge in Illinois on Jan. 26 granted preliminary approval to a revised settlement agreement with modifications and conditionally certified a proposed class of current and former college athletes who filed suit against the National Collegiate Athletic Association for allegedly understating the seriousness of concussions and not treating them correctly (In Re: National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, N.D. Ill.; 2016 U.S. Dist. LEXIS 8595).

Mealey's PI/Product Liability - Judge Grants Final Approval Of $42.5M Securities Class Action Settlement

CHICAGO - A federal judge in Illinois on Jan. 22 granted final approval of a $42.5 million settlement in a securities class action lawsuit regarding certain false and misleading statements made by a medical device maker and certain of its executive officers and directors regarding the demand of certain of its products in violation of federal securities laws (City of Lakeland Employees' Pension Plan v. Baxter International Inc., No. 10-6016, N.D. Ill.)

Mealey's Litigation Procedure - Judge Grants Final Approval Of $42.5M Securities Class Action Settlement

CHICAGO - A federal judge in Illinois on Jan. 22 granted final approval of a $42.5 million settlement in a securities class action lawsuit regarding certain false and misleading statements made by a medical device maker and certain of its executive officers and directors regarding the demand of certain of its products in violation of federal securities laws (City of Lakeland Employees' Pension Plan v. Baxter International Inc., No. 10-6016, N.D. Ill.)

Mealey's Securities/D&O Liability - Judge Grants Final Approval Of $42.5M Securities Class Action Settlement

CHICAGO - A federal judge in Illinois on Jan. 22 granted final approval of a $42.5 million settlement in a securities class action lawsuit regarding certain false and misleading statements made by a medical device maker and certain of its executive officers and directors regarding the demand of certain of its products in violation of federal securities laws (City of Lakeland Employees' Pension Plan v. Baxter International Inc., No. 10-6016, N.D. Ill.).

Mealey's Labor & Employment - Fair Credit Reporting Act Class Action Against Big Lots Survives Dismissal

CHICAGO - An Illinois federal judge on Jan. 19 concluded that a plaintiff sufficiently alleged that Big Lots Stores Inc. did not comply with the stand-alone disclosure requirement of the Fair Credit Reporting Act (FCRA) when it obtained a consumer report on a prospective employee, denying the retailer's motion to dismiss the putative class action (Shaundrenika Robrinzine v. Big Lots Stores Inc., No. 1:15-cv-07239, N.D. Ill.; 2016 U.S. Dist. LEXIS 5689).

Mealey's Litigation Procedure - Fair Credit Reporting Act Class Action Against Big Lots Survives Dismissal

CHICAGO - An Illinois federal judge on Jan. 19 concluded that a plaintiff sufficiently alleged that Big Lots Stores Inc. did not comply with the stand-alone disclosure requirement of the Fair Credit Reporting Act (FCRA) when it obtained a consumer report on a prospective employee, denying the retailer's motion to dismiss the putative class action (Shaundrenika Robrinzine v. Big Lots Stores Inc., No. 1:15-cv-07239, N.D. Ill.; 2016 U.S. Dist. LEXIS 5689).

Mealey's Litigation Procedure - Illinois Biometrics Suit Against Facebook Dismissed For Lack Of Jurisdiction

CHICAGO - An Illinois resident's putative class action over the purported collection of biometrics information by Facebook Inc. in violation of that state's law was dismissed Jan. 21 by an Illinois federal judge, who found that the plaintiff failed to establish jurisdiction over the California-based social network operator (Frederick William Gullen v. Facebook Inc., No. 1:15-cv-07681, N.D. Ill.; 2016 U.S. Dist. LEXIS 6958).

Mealey's Bankruptcy - Budd Claimants' Committee Moving Claims Objections To District Court

CHICAGO - The asbestos claimants' committee in the Chapter 11 case of The Budd Co. Inc. on Jan. 19 asked an Illinois federal bankruptcy judge to delay the deadline to respond to the debtor's latest objections to hundreds of asbestos personal injury claims in order to give a district court time to rule on the committee's bid to have the dispute decided in that venue (In re: The Budd Company, Inc., No. 14-11873, N.D. Ill. Bkcy.).

Mealey's IP/Tech - Judge Declines Does' Motions To Quash Discovery In File-Sharing Lawsuit

CHICAGO - An Illinois federal judge on Jan. 15 denied two Doe defendants' motions to quash a copyright holder's subpoenas to discover their identities, finding no merit to the Does' arguments alleging misjoinder and free speech right violations (Cobbler Nevada LLC v. Does 1-28, No.1:15-cv-07538, N.D. Ill.; 2016 U.S. Dist. LEXIS 5623).

Mealey's Litigation Procedure - Judge Declines Does' Motions To Quash Discovery In File-Sharing Lawsuit

CHICAGO - An Illinois federal judge on Jan. 15 denied two Doe defendants' motions to quash a copyright holder's subpoenas to discover their identities, finding no merit to the Does' arguments alleging misjoinder and free speech right violations (Cobbler Nevada LLC v. Does 1-28, No.1:15-cv-07538, N.D. Ill.; 2016 U.S. Dist. LEXIS 5623).

Mealey's Insurance - Federal Magistrate Refuses To Alter Security Posted In Blood Contamination Suit

CHICAGO - An Illinois federal magistrate judge on Jan. 19 refused to alter the amount of security posted by an insurer in a suit seeking coverage for the contamination of the insured's blood products because altering the amount would involve resolving issues that must be resolved by a jury or federal judge (Baxter International Inc., v. AXA Versicherung, No. 11-cv-09131, N.D. Ill.; 2016 U.S. Dist. LEXIS 6223).

Mealey's Litigation Procedure - Magistrate Judge Bars Medical Testimony On Gunshot Wound In Civil Rights Lawsuit

CHICAGO - A doctor may not testify in a civil rights lawsuit that a nurse knew the risks to a prison inmate from an untreated penetrating wound from a shotgun and failed to act in disregard of these risks, an Illinois federal magistrate judge held Jan. 19 (Raul C. Gomez v. Lanel Palmer, et al., No. 11-1793, N.D. Ill.; 2016 U.S. Dist. LEXIS 5687).

Mealey's Litigation Procedure - Split Illinois Appellate Panel Reverses Class Certification In Unsolicited Fax Suit

ELGIN, Ill. - A divided Illinois appeals panel on Jan. 19 reversed a grant of class certification in a complaint accusing an individual of sending unauthorized faxes, finding the class representative to be a "passive figurehead" (Byer Clinic and Chiropractic, Ltd., et al. v. Michael Kapraun, No. 1-14-3733, Ill. App., 1st Dist.; 2016 Ill. App. LEXIS 16).

Mealey's Insurance - Federal Judge Refuses To Disturb Ruling That Insurer Has Duty To Defend

CHICAGO - An Illinois federal judge on Jan. 15 denied a law enforcement liability insurer's motion to reconsider a Dec. 11, 2014, ruling that the insurer's duty to defend was triggered by an underlying claim that the use of a wrongfully convicted man's coerced confession violated his Fifth Amendment self-incrimination rights (Westport Insurance Corporation v. City of Waukegan, et al., No. 14-cv-419, N.D. Ill., Eastern Div.; 2016 U.S. Dist. LEXIS 5216).

Mealey's Insurance - U.K. Company Appeals Remand Of Reinsurance Dispute

CHICAGO - A U.K. company that allegedly assumed the obligations of a reinsurer appealed the remand of a reinsurance dispute to the Seventh Circuit U.S. Court of Appeals on Jan. 12 (Pine Top Receivables of Illinois, LLC v. Transfercom, Ltd., No. 15-cv-8908, N.D. Ill.).

Mealey's Insurance - Reinsured Says Reinsurance Dispute Should Be Heard In Pennsylvania

PHILADELPHIA - An insurer told a federal court in Pennsylvania on Jan. 13 that the Pennsylvania court is a better venue for a reinsurance dispute than a federal court in Illinois, where its alleged reinsurer filed a parallel suit (St. Paul Fire and Marine Insurance Company v. R&Q Reinsurance Company, No. 15-cv-5528, E.D. Pa.).

Mealey's Insurance - Texas High Court Dismisses Hotel Tax Liability Coverage Suit After Parties Settle

AUSTIN, Texas - The Texas Supreme Court dismissed an insurer's appeal in a dispute over excess coverage for defense costs incurred in an underlying lawsuit alleging that the insured failed to fully remit hotel taxes, according to its Jan. 15 pronouncement (Illinois Union Insurance Co. v. Sabre Holdings Corporation, et al., No. 15-0716, Texas Sup.).

Mealey's Litigation Procedure - Judge Bars Economist From Testifying On FTC's Efforts In Telemarketing Fraud Suit

SPRINGFIELD, Ill. - An economist is not qualified to speak on whether the Federal Trade Commission made good faith efforts and on congressional intent in a telemarking consumer fraud lawsuit, an Illinois federal judge ruled Jan. 13, partially excluding the economist's testimony (United States of America and the States of California, Illinois, North Carolina and Ohio v. Dish Network LLC, No. 09-3073, C.D. Ill.; 2016 U.S. Dist. LEXIS 4145).

Mealey's IP/Tech - Illinois Federal Judge Clears Path For Sale Of Generic Drug

CHICAGO - A generic drug manufacturer won a declaratory judgment of noninfringement on Jan. 8 with regard to a patent covering olmesartan medxoxomil, in a decision that will effect two cases (Apotex Inc. v. Daiichi Sankyo Inc. et al., Nos. 12-9295, 15-3695, N.D. Ill.; 2016 U.S. Dist. LEXIS 2126).

Mealey's Litigation Procedure - Split Illinois Appeals Court Upholds Dismissal Of Suit Over Delayed Luggage

CHICAGO - An airline passenger's claim for breach of implied covenant, made in a class complaint she filed after United Airlines Inc. misplaced her luggage, is preempted by the Airline Deregulation Act of 1978, a divided Illinois appellate panel ruled Dec. 31, upholding a trial court's decision (Gina Spadoni, et al. v. United Airlines, Inc., No. 14-11119, Ill. App., 1st Dist., 1st Div.; 2015 Ill. App. LEXIS 1002).