LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Testosterone MDL Judge Denies Dismissal Of Contested Claims Against Belgian Defendant

CHICAGO - The Illinois federal judge overseeing the testosterone replacement therapy multidistrict litigation on Sept. 30 denied dismissal of the plaintiffs' contested claims of design defect, negligence and redhibition and ordered discovery into the court's jurisdiction over a Belgian defendant and its U.S. subsidiary (In Re: Testosterone Replacement Therapy Product Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div.).

Mealey's Banking & Finance - Judge: Insurer Has Duty To Defend, Indemnify Against Claims Insured Misused Funds

CHICAGO - An Illinois federal judge held on Sept. 24 that an insurer has a duty to defend or indemnify its insured against underlying claims that its insured misused and misappropriated funds involving real estate closing, loan closing and title and escrow services (Title Industry Assurance Co. v. Chicago Abstract Title Agency, et al., No. 14-1906, N.D. Ill.; 2015 U.S. Dist. LEXIS 128096).

Mealey's Insurance - Judge: Insurer Has Duty To Defend, Indemnify Against Claims Insured Misused Funds

CHICAGO - An Illinois federal judge held on Sept. 24 that an insurer has a duty to defend or indemnify its insured against underlying claims that its insured misused and misappropriated funds involving real estate closing, loan closing and title and escrow services (Title Industry Assurance Co. v. Chicago Abstract Title Agency, et al., No. 14-1906, N.D. Ill.; 2015 U.S. Dist. LEXIS 128096).

Mealey's Insurance - Illinois Panel: No Defense Owed For Attorney Fee Dispute, Injunctive Relief Suit

SPRINGFIELD, Ill. - An Illinois appeals panel held on Sept. 24 that an insurer has no duty to defend its attorney insured against an attorney fee dispute and an injunctive relief lawsuit brought by the insured's former clients (Illinois State Bar Association Mutual Insurance Co. v. Thomas W. Burkart, et al., No. 4-14-0936, Ill. App., 4th Dist.; 2015 Ill. App. Unpub. LEXIS 2146).

Mealey's Insurance - No Coverage For Junk Fax Ads Dispute, Federal Judge Rules

CHICAGO - An Illinois federal judge on Sept. 23 rejected a "conflicted defense" claim against a commercial general liability insurer, further finding that the policy's Telephone Consumer Protection Act (TCPA) exclusion bars coverage for an underlying dispute over the alleged unsolicited transmission of junk fax advertisements (Scottsdale Insurance Co. v. Steve Stergo, et al., No. 13-5015, N.D. Ill.; 2015 U.S. Dist. LEXIS 127268).

Mealey's IP/Tech - Judge Rules On Motions To Exclude Testimony In Power Tools Trademark Lawsuit

CHICAGO - An Illinois federal judge on Sept. 22 granted in part and denied in part several motions to exclude expert testimony in a trademark infringement lawsuit concerning Black & Decker Corp.'s DeWalt line of power tools (The Black & Decker Corp., et al. v. Positec USA Inc. and RW Direct Inc., No. 11-5426, N.D. Ill.; 2015 U.S. Dist. LEXIS 127193).

Mealey's Litigation Procedure - Federal Judge Confirms $4 Million India Arbitral Award For National Aluminum

CHICAGO - After finding that a $4,010,227.78 arbitration award issued in India in favor of a company in relation to a dispute over a contract for the purchase of caustic soda lye was enforceable in Illinois, an Illinois federal judge on Sept. 23 confirmed the award and denied a chemical company's motion for summary judgment denying enforcement (National Aluminum Co. Ltd. v. Peak Chemical Corporation Inc., No. 14-cv-01314, N.D. Ill.; 2015 U.S. Dist. LEXIS 127060).

Mealey's Litigation Procedure - Judge Rules On Motions To Exclude Testimony In Power Tools Trademark Lawsuit

CHICAGO - An Illinois federal judge on Sept. 22 granted in part and denied in part several motions to exclude expert testimony in a trademark infringement lawsuit concerning Black & Decker Corp.'s DeWalt line of power tools (The Black & Decker Corp., et al. v. Positec USA Inc. and RW Direct Inc., No. 11-5426, N.D. Ill.; 2015 U.S. Dist. LEXIS 127193).

Mealey's Bankruptcy - Law Firm For Asbestos Committee Appointed In Oakfabco Bankruptcy

CHICAGO - A federal bankruptcy judge on Sept. 22 authorized a newly formed asbestos claimants' committee in the recent Chapter 11 case of defunct boiler manufacturer Oakfabco Inc. to retain Illinois law firm FrankGecker LLP as the committee's counsel (In re: Oakfabco, Inc., No. 15-27062, N.D. Ill. Bkcy.).

Mealey's Toxic Tort/Environmental - 7th Circuit Finds 1920 Agreement Bars Company's CERCLA Contribution Claim

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Sept. 21 upheld a federal judge in Illinois' ruling finding that a 1920 agreement between a plaintiff company and the defendant's predecessor barred the plaintiff's claim for contribution under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 113(f) (Peoples Gas Light & Coke Company v. Beazer East Inc., No. 14-3634, 7th Cir.; 2015 U.S. App. LEXIS 16745).

Mealey's PI/Product Liability - Judge Grants NCAA's Request To File Certain Health Records Under Seal

CHICAGO - An Illinois federal judge on Sept. 15 granted the National College Athletic Association (NCAA)'s request to file certain parts of a response to a plaintiff's submission under seal in a case in which claimants are asserting claims related to head injuries, because they contain confidential health records (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).

Mealey's PI/Product Liability - Judge Denies Arguments For Summary Judgment As Insufficient, Waived

MADISON, Wis. - A defendant attempts to reargue an issue a court previously found it waived by recasting its argument in different terms, a federal judge in Wisconsin held Sept. 9 (Gary Souja, et al. v. Owens-Illinois Inc., No. 99-475, W.D. Wis.; 2015 U.S. Dist. LEXIS 119698).

Mealey's Toxic Tort/Environmental - Judge Denies Arguments For Summary Judgment As Insufficient, Waived

MADISON, Wis. - A defendant attempts to reargue an issue a court previously found it waived by recasting its argument in different terms, a federal judge in Wisconsin held Sept. 9 (Gary Souja, et al. v. Owens-Illinois Inc., No. 99-475, W.D. Wis.; 2015 U.S. Dist. LEXIS 119698).

Mealey's Insurance - Coverage Barred By Policy's Water Damage Exclusion, Illinois Panel Affirms

CHICAGO - An Illinois appeals panel on Sept. 4 affirmed a lower court's ruling that coverage for insureds' internal water damage caused by heavy rainfall is barred by the commercial insurance policy's water damage exclusion (Chicago Title Land Trust No. 800234943, et al. v. Catlin Specialty Insurance Co., No. 1-14-3576, Ill. App., 1st Dist., 6th Div.; 2015 Ill. App. Unpub. LEXIS 1996).

Mealey's Insurance - Doctor Pleads Guilty To Wrongfully Certifying Patients For In-Home Treatments

CHICAGO - An Illinois physician on Sept. 8 pleaded guilty in federal court to claims that he wrongfully certified Medicare patients as confined to their homes to allow health care agencies to submit unnecessary claims for in-home treatment (United States of America v. Arthur Davida, No. 15 CR 534, N.D. Ill.).

Mealey's IP/Tech - Illinois Federal Judge Denies Dismissal In Trademark Dispute

CHICAGO - Allegations of trademark infringement, unfair competition and state law deceptive trade practices in connection with the "Four Aces" trademark for tobacco products will proceed, an Illinois federal judge ruled Sept. 3 (Top Tobacco, et al. v. Fantasia Distribution Inc., No. 14-8981, N.D. Ill.; 2015 U.S. Dist. LEXIS 117533).

Mealey's Antitrust/Unfair Competition - Illinois Federal Judge Denies Dismissal In Trademark Dispute

CHICAGO - Allegations of trademark infringement, unfair competition and state law deceptive trade practices in connection with the "Four Aces" trademark for tobacco products will proceed, an Illinois federal judge ruled Sept. 3 (Top Tobacco, et al. v. Fantasia Distribution Inc., No. 14-8981, N.D. Ill.; 2015 U.S. Dist. LEXIS 117533).

Mealey's PI/Product Liability - Magistrate: Sears Committed Sanctionable Discovery Offenses In Dryer Fire Case

CHICAGO - Sears Holdings Corp. improperly withheld certain documents during discovery and failed to disclose a key witness, an Illinois federal magistrate judge found in a Sept. 3 report and recommendation, holding that the insurer, the plaintiff in a dispute over claims regarding a home fire attributed to a clothes dryer, is entitled to sanctions for Sears' misconduct (MemberSelect Insurance Co. v. Electrolux Home Products Inc., et al., No. 1:13-cv-04097, N.D. Ill).

Mealey's Insurance - Magistrate: Sears Committed Sanctionable Discovery Offenses In Dryer Fire Case

CHICAGO - Sears Holdings Corp. improperly withheld certain documents during discovery and failed to disclose a key witness, an Illinois federal magistrate judge found in a Sept. 3 report and recommendation, holding that the insurer, the plaintiff in a dispute over claims regarding a home fire attributed to a clothes dryer, is entitled to sanctions for Sears' misconduct (MemberSelect Insurance Co. v. Electrolux Home Products Inc., et al., No. 1:13-cv-04097, N.D. Ill).

Mealey's Toxic Tort/Environmental - Illinois Federal Judge Denies Dismissal In Trademark Dispute

CHICAGO - Allegations of trademark infringement, unfair competition and state law deceptive trade practices in connection with the "Four Aces" trademark for tobacco products will proceed, an Illinois federal judge ruled Sept. 3 (Top Tobacco, et al. v. Fantasia Distribution Inc., No. 14-8981, N.D. Ill.; 2015 U.S. Dist. LEXIS 117533).

Mealey's Litigation Procedure - Magistrate: Sears Committed Sanctionable Discovery Offenses In Dryer Fire Case

CHICAGO - Sears Holdings Corp. improperly withheld certain documents during discovery and failed to disclose a key witness, an Illinois federal magistrate judge found in a Sept. 3 report and recommendation, holding that the insurer, the plaintiff in a dispute over claims regarding a home fire attributed to a clothes dryer, is entitled to sanctions for Sears' misconduct (MemberSelect Insurance Co. v. Electrolux Home Products Inc., et al., No. 1:13-cv-04097, N.D. Ill).

Mealey's Insurance - Reinsurer Says It Does Not Owe $4.4 Million Claimed By Reinsured

CHICAGO - A reinsurer told a federal court in Illinois on Sept. 3 that because of its reinsured's late notice, it is not obligated to pay more than $4.4 million in asbestos bodily injury related claims (R&Q Reinsurance Company v. St. Paul Fire & Marine Insurance Company, No. 15-cv-07784, N.D. Ill.).

Mealey's Insurance - Judge: Insurer Has No Duty To Defend, Indemnify 2 Construction Defects Suits

CHICAGO - A commercial general liability insurer has no duty to defend an insured or additional insureds in underlying construction defects lawsuits because the lawsuits allege property damage to a condominium building itself, which is not covered, an Illinois federal judge ruled Sept. 2 (Acuity, a mutual insurance company v. Lenny Szarek, Inc., et al., No. 13-7505, N.D. Ill.; 2015 U.S. Dist. LEXIS 116778).

Mealey's Insurance - Federal Judge Rules In Favor Of Insurer In Professional Liability Coverage Dispute

CHICAGO - An Illinois federal judge on Sept. 2 granted an insurer's motion for summary judgment seeking to reform the 2013 and 2014 professional liability insurance policies that it issued to a plastic surgeon in a dispute over coverage for an underlying professional malpractice lawsuit (Hallmark Specialty Insurance Co. v. Bradford C. Roberg, et al., No. 14-cv-3657, N.D. Ill., Eastern Div.; 2015 U.S. Dist. LEXIS 116617).

Mealey's Litigation Procedure - Class Action Asserts Biometrics Violations In Facebook's Photo Tagging

SAN FRANCISCO - In a consolidated complaint filed Aug. 28 in California federal court, three Illinois residents allege violations of an Illinois biometrics statute by Facebook Inc. in the social network's "Tag Suggestions" feature for pictures (Carlo Licata, et al. v. Facebook Inc., No. 3:15-cv-03748, N.D. Calif.).