LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Zimmer Wins Defect Verdict In 3rd NexGen Bellwether MDL Case, Sweeps All 3 Trials

CHICAGO - An Illinois federal jury on Jan. 26 returned a defense verdict for Zimmer Inc. in the third NexGen knee bellwether trial (Beverly Jemma Goldin v. Zimmer, Inc., et al., No. 12-2048, N.D. Ill., Eastern Div.).

Mealey's Litigation Procedure - Judge: Report 'Sufficiently Reliable' As Evidence In Tainted Groundwater Case

CHICAGO - A federal judge in Illinois on Jan. 25 ruled that an expert opinion provided by a village that sued two companies alleging groundwater contamination from vinyl chloride that leaked into the water system was "sufficiently reliable," and he refused to exclude it from evidence (Village of Sauk Village v. Roadway Express Inc., et al., No. 15-9183, N.D. Ill.; 2017 U.S. Dist. LEXIS 10478).

Mealey's Insurance - Judge Gives OK To Confidential Settlement Involving Insolvent Insurer

CHICAGO - An Illinois judge on Jan. 24 approved a confidential settlement agreement between the estate of an insolvent insurer and a mortgage insurer (In the Matter of the Rehabilitation of Triad Guaranty Insurance Corporation, No. 12-CH-43895, Ill. Cir., Cook Co.).

Mealey's Toxic Tort/Environmental - Judge: Report 'Sufficiently Reliable' As Evidence In Tainted Groundwater Case

CHICAGO - A federal judge in Illinois on Jan. 25 ruled that an expert opinion provided by a village that sued two companies alleging groundwater contamination from vinyl chloride that leaked into the water system was "sufficiently reliable," and he refused to exclude it from evidence (Village of Sauk Village v. Roadway Express Inc., et al., No. 15-9183, N.D. Ill.; 2017 U.S. Dist. LEXIS 10478).

Mealey's IP/Tech - Federal Circuit: Patent Invalidity Challenge Properly Rejected

WASHINGTON, D.C. - An Illinois federal judge did not err in concluding, following a bench trial, that a defendant's assertion of patent invalidity fails as a matter of law, the Federal Circuit U.S. Court of Appeals ruled Jan. 26 (Cumberland Pharmaceuticals v. Mylan Institution LLC, et al., Nos. 16-1155, -1259, Fed. Cir.; 2017 U.S. App. LEXIS 1375).

Mealey's PI/Product Liability - Jury Deliberating In 3rd Zimmer NexGen Knee MDL Bellwether Case

CHICAGO - Jurors in the U.S. District Court for the Northern District of Illinois on Jan. 25 began deliberating in the third Zimmer NexGen knee bellwether trial (Beverly Jemma Goldin v. Zimmer, Inc., et al., No. 12-2048, N.D. Ill., Eastern Div.).

Mealey's Insurance - Insurer Has Duty To Defend Insureds Against Water Damage Suits

CHICAGO - An insurer has a duty to defend its insureds against two underlying lawsuits seeking damages as a result of water damage stemming from a water leak in the insureds' pool because the underlying suits allege an occurrence, an Illinois federal judge said Jan. 24 (Admiral Indemnity Co., et al. v. 899 Plymouth Court Condominium Association, et al., No. 16-5085, N.D. Ill.; 2017 U.S. Dist. LEXIS 9803).

Mealey's PI/Product Liability - NHL Seeks To Keep Wrongful Death Suit In Illinois Federal Court

CHICAGO - The National Hockey League (NHL) on Jan. 20 responded to a motion to remand an Illinois wrongful death suit to state court, arguing that the federal court should "retain jurisdiction because substantial federal judicial resources have already been expended on resolution of the state claims" (Len Boogaard, et al. v. National Hockey League, et al., No. 13-C-4846, N.D. Ill.).

Mealey's IP/Tech - Federal Circuit Affirms: Electronic Trading Method Is Patent Eligible

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Jan. 18 upheld findings by an Illinois federal judge that two patents directed to a method of electronic trading do not claim ineligible subject matter under 35 U.S. Code Section 101 (Trading Technologies International Inc. v. CQG Inc., et al., No. 16-1616, Fed. Cir.; 2017 U.S. App. LEXIS 834).

Mealey's Labor & Employment - Plaintiff's Claims Are Preempted By ERISA, Illinois Federal Judge Says

CHICAGO - An Illinois federal judge on Jan. 12 denied a plaintiff's motion to remand after determining that her state law claims arising out of the disclosure of medical records without consent are preempted by the Employment Retirement Income Security Act (Jane Doe v. Aetna Inc., et al., No. 16-8390, N.D. Ill.; 2017 U.S. Dist. LEXIS 4866).

Mealey's Health Law - Plaintiff's Claims Are Preempted By ERISA, Illinois Federal Judge Says

CHICAGO - An Illinois federal judge on Jan. 12 denied a plaintiff's motion to remand after determining that her state law claims arising out of the disclosure of medical records without consent are preempted by the Employment Retirement Income Security Act (Jane Doe v. Aetna Inc., et al., No. 16-8390, N.D. Ill.; 2017 U.S. Dist. LEXIS 4866).

Mealey's Banking & Finance - Federal Judge Dismisses Foreclosure-Related Claims As Barred By Rooker-Feldman

CHICAGO - An Illinois federal judge on Jan. 17 granted a mortgage company's motion to dismiss foreclosure-related claims asserted by a former property owner, finding that the case was barred by a state court action (Fred Freeman v. Long Beach Mortgage Co., et al., No. 16-cv-4272, N.D. Ill.; 2017 2017 U.S. Dist. LEXIS 5943).

Mealey's Insurance - Plaintiff's Claims Are Preempted By ERISA, Illinois Federal Judge Says

CHICAGO - An Illinois federal judge on Jan. 12 denied a plaintiff's motion to remand after determining that her state law claims arising out of the disclosure of medical records without consent are preempted by the Employment Retirement Income Security Act (Jane Doe v. Aetna Inc., et al., No. 16-8390, N.D. Ill.; 2017 U.S. Dist. LEXIS 4866).

Mealey's Toxic Tort/Environmental - Judge Trims Claims From City's Suit Over Manufactured Gas Waste Contamination

CHICAGO - An Illinois city cannot seek civil penalties under the Resource Conservation and Recovery Act (RCRA) against two companies that owned a manufactured gas facility, a federal judge in Illinois ruled Jan. 17, holding that the city did not allege that the companies violated subchapter III of the RCRA (City of Evanston, Ill. v. Northern Illinois Gas Company, et al., No. 16-C-5692, N.D. Ill.; 2017 U.S. Dist. LEXIS 5771).

Mealey's Insurance - Issues Of Material Fact Preclude Summary Judgment In Avian Flu Suit, Federal Judge Says

MINNEAPOLIS - Because issues of material fact exist regarding how an outbreak of the avian flu virus was transmitted, a Minnesota federal judge on Jan. 12 denied both the insurer and insured's motions for summary judgment (Rembrandt Enterprises Inc. v. Illinois Union Insurance Co., No. 15-2913, D. Minn.; 2017 U.S. Dist. LEXIS 4946).

Mealey's PI/Product Liability - Illinois Appellate Panel: Evidence Favored Doctor In Medical Malpractice Suit

ELGIN, Ill. - An Illinois appellate panel on Jan. 9 found that a trial court correctly denied a plaintiff's motion for judgment notwithstanding the verdict or for a new trial in a medical malpractice suit because the plaintiff failed to raise objections during the trial (Katherine Sondergaard v. Arnold J. Herbstman M.D., No. 2-15-1263, Ill. App. 2nd Dist.; 2017 Ill. App. Unpub. LEXIS 23).

Mealey's Health Law - Judge Orders Health Care Fraud Defendant To Turn Over Retirement Funds

CHICAGO - A cardiologist who pleaded guilty to one count of health care fraud for fraudulently billing Medicare and other insurance companies was ordered by a federal judge in Illinois to turn over three retirement funds valued at $300,738.60 after finding that forfeiture of the funds would not result in an overpayment of the $12 million he owes in restitution (United States of America v. Sushil Sheth, No. 09 CR 69-1, N.D. Ill.; 2017 U.S. Dist. LEXIS 2281).

Mealey's Insurance - Judge: No Indemnification Owed For Water Damage Caused By Insured

CHICAGO - An insurer has no duty to indemnify an insured and no duty to reimburse an additional insured for alleged water damage to an apartment building because there was no covered "occurrence" for the insured's failure to properly cover the building's roof, an Illinois federal judge ruled Jan. 6 (Brit UW Ltd. v. Tripar Inc. and Davis Russell Real Estate and Management LLC, No. 15-5866, N.D. Ill.; 2017 U.S. Dist. LEXIS 2462).

Mealey's Insurance - Judge Orders Health Care Fraud Defendant To Turn Over Retirement Funds

CHICAGO - A cardiologist who pleaded guilty to one count of health care fraud for fraudulently billing Medicare and other insurance companies was ordered by a federal judge in Illinois to turn over three retirement funds valued at $300,738.60 after finding that forfeiture of the funds would not result in an overpayment of the $12 million he owes in restitution (United States of America v. Sushil Sheth, No. 09 CR 69-1, N.D. Ill.; 2017 U.S. Dist. LEXIS 2281).

Mealey's Insurance - Insurer Says No Coverage For Roofing Subcontractor's $6.6M In Faulty Work Damage

CHICAGO - A commercial general liability insurance policy does not cover a roofing subcontractor over faulty work claims that resulted in more than $6.6 million in damages to townhomes, an insurer says in its Jan. 4 complaint to an Illinois federal court (Nautilus Insurance Co. v. Classic Roofing Inc. and Custom Roofing Contracting Ltd., No. 17-45, N.D. Ill.).

Mealey's Insurance - Federal Judge: Recovery Sought Does Not Fall Under Policy's 'Definition Of Damages'

CHICAGO - An Illinois federal judge on Jan. 5 held that a professional liability insurer has no duty to defend or indemnify against an underlying complaint alleging that the insureds misrepresented important data that an insurer used to calculate premiums (Westport Insurance Corp. v. M.L. Sullivan Insurance Agency Inc., d/b/a Sullivan & Associates Insurance and Risk Management, et al., No. 15-7294, N.D. Ill., Eastern Div.; 2017 U.S. Dist. LEXIS 1527).

Mealey's IP/Tech - Federal Circuit Reverses Indefiniteness Holding, Judgment In Patent Case

WASHINGTON, D.C. - An Illinois federal judge erroneously granted a defendant summary judgment that myriad claims of a patented method for using a graphical indicator to encode information are invalid as indefinite, the Federal Circuit U.S. Court of Appeals ruled Jan. 5 (Sonix Technology Co. Ltd. v. Publications International Ltd., et al., No. 16-1449, Fed. Cir.).

Mealey's Labor & Employment - Illinois Federal Judge Certifies Excessive Deduction Class, Not Overtime One

CHICAGO - An Illinois federal judge on Dec. 30 certified an excessive deduction class but not an overtime class in a lawsuit brought by a tile store sales associate against his employer (Adriel Osorio, et al. v. The Tile Shop, LLC, No. 15-15, N.D. Ill.; 2016 U.S. Dist. LEXIS 180077).

Mealey's Litigation Procedure - Illinois Federal Judge Certifies Excessive Deduction Class, Not Overtime One

CHICAGO - An Illinois federal judge on Dec. 30 certified an excessive deduction class but not an overtime class in a lawsuit brought by a tile store sales associate against his employer (Adriel Osorio, et al. v. The Tile Shop, LLC, No. 15-15, N.D. Ill.; 2016 U.S. Dist. LEXIS 180077).

Mealey's Labor & Employment - 7th Circuit Panel Affirms Teamster Funds Entitled To Contribution Shortfalls

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Dec. 21 affirmed an Illinois federal judge's ruling that three Teamster pension and welfare funds are entitled to collect shortfalls in contributions due from an employer under collective bargaining agreements, finding the employer's audit report to be unreliable (Teamsters Local Union No. 727 Health and Welfare Fund, et al. v. L&R Group of Companies, No. 16-2037, 7th Cir.; 2016 U.S. App. LEXIS 22870).