LexisNexis® Legal Newsroom
Mealey's Insurance - Panel Finds Covered Cause, Excluded Cause 'Contributed Concurrently' To Insureds' Loss

ELGIN, Ill. - Under an insurance policy's anti-concurrent causation clause, a covered cause and an excluded cause "contributed concurrently" to a loss to insureds, an Illinois appeals panel affirmed Dec. 17 (Marek Bozek and Bozena Bozek v. Erie Insurance Group, No. 14-MR-396, Ill. App., 2nd Dist.; 2015 Ill. App. LEXIS 940).

Mealey's Insurance - Judge Remands Reinsurance Case On Basis Of Service-Of-Suit Clause

CHICAGO - A federal judge in Illinois on Dec. 14 granted the assignee of certain of an insolvent insurer's rights' motion to remand a reinsurance dispute to a state court (Pine Top Receivables of Illinois, LLC v. Transfercom, Ltd., No. 15-cv-8908, N.D. Ill.; 2015 U.S. Dist. LEXIS 167202).

Mealey's Insurance - Judge Dismisses Kickback, False Claims Act Claims Against Owner, Supervisor

CHICAGO - A federal judge in Illinois on Dec. 15 dismissed with prejudice a plaintiff's claims that the owner of a physician billing service violated the False Claims Act and that her former supervisor received kickbacks for completing claims forms submitted to insurers, ruling that the woman did not plead the claims with the required level of particularity (United States of America, ex rel. Kenya Sibley v. A Plus Physicians Billing Service Inc., et al., No. 13 C 7733, N.D. Ill.; 2015 U.S. Dist. LEXIS 167334).

Mealey's Insurance - Judge OKs Liquidator's Recommendation To Pay Construction Defect Claim

CHICAGO - An Illinois judge on Dec. 10 granted the liquidator of an insolvent insurer's motion to approve a $129,069.40 claim recommendation regarding an underlying construction defect of the claimants' condominium (In the Matter of the Liquidation of Statewide Insurance Company, No. 04-CH-00150, Ill. Cir., Cook Co.).

Mealey's PI/Product Liability - Mississippi Top Court Excludes Expert Report, Grants Judgment To Railroad

JACKSON, Miss. - An unsworn expert report is inadmissible in summary judgment proceedings and leaves a plaintiff with insufficient evidence in support of her case, the Mississippi Supreme Court held Dec. 10 (Illinois Central Railroad Co. v. Deborah Jackson, surviving spouse and personal representative of Charles D. Jackson Jr., No. 2014-IA-814-SCT, Miss. Sup.).

Mealey's Toxic Tort/Environmental - Mississippi Top Court Excludes Expert Report, Grants Judgment To Railroad

JACKSON, Miss. - An unsworn expert report is inadmissible in summary judgment proceedings and leaves a plaintiff with insufficient evidence in support of her case, the Mississippi Supreme Court held Dec. 10 (Illinois Central Railroad Co. v. Deborah Jackson, surviving spouse and personal representative of Charles D. Jackson Jr., No. 2014-IA-814-SCT, Miss. Sup.).

Mealey's Insurance - Illinois Federal Judge Denies Motion To Reconsider Decision To Stay Insurer's Suit

CHICAGO - An Illinois federal judge on Dec. 11 denied an insurer's motion to reconsider a previous decision to stay the insurer's asbestos coverage suit until a parallel suit in Wisconsin state court is decided because there are no exceptional circumstances that warrant against staying the Illinois federal suit (Allstate Insurance Co. v. A.O. Smith Corp., No. 15-6574, N.D. Ill.; 2015 U.S. Dist. LEXIS 165935).

Mealey's Litigation Procedure - John Crane: Sound Strategy, Not 'Illicit Collusion,' Led Litigation Decisions

CHICAGO - A co-defendants complaints about how John Crane Inc. litigates its asbestos cases does not demonstrate "illicit collusion" with plaintiffs or support a motion for sanctions, the company told an Illinois judge Dec. 4 (Roxanne Richards, et al. v. Dana Companies LLC, et al., No. 14-1501, Ill. Cir., Cook Co.).

Mealey's Toxic Tort/Environmental - John Crane: Sound Strategy, Not 'Illicit Collusion,' Led Litigation Decisions

CHICAGO - A co-defendants complaints about how John Crane Inc. litigates its asbestos cases does not demonstrate "illicit collusion" with plaintiffs or support a motion for sanctions, the company told an Illinois judge Dec. 4 (Roxanne Richards, et al. v. Dana Companies LLC, et al., No. 14-1501, Ill. Cir., Cook Co.).

Mealey's Insurance - Illinois Federal Judge Says Question Of Fact Exists On Lost Income, Vacates Judgment

CHICAGO - Entering judgment in a disability insurer's favor was a manifest error because a question of fact exists regarding whether a disability claimant lost income as a result of his inability to carry a harness-based computer, an Illinois federal judge said Dec, 1 in vacating a judgment entered in the insurer's favor (Stephen Dorf v. Standard Insurance Co., as successor to Minnesota Life Insurance Co., No. 13-6479, N.D. Ill.; 2015 U.S. Dist. LEXIS 161054).

Mealey's Litigation Procedure - 2 Class Actions Filed In Illinois Federal Court Over VTech Data Breach

CHICAGO - Just three days after VTech Electronics North America LLC announced a breach of its customer data, two putative class actions were filed against the electronic educational toy maker in Illinois federal court on Dec. 3 (Ken Tittle v. VTech Electronics North America LLC, No. 1:15-cv-10889, N.D. Ill.; and Heber Bran v. VTech Electronics North America LLC, No. 1:15-cv-10891, N.D. Ill.).

Mealey's Banking & Finance - Judge Finds Lack Of Jurisdiction Over Loan-Related Claims Against United States

CHICAGO - An Illinois federal judge on Nov. 30 dismissed a borrower's complaint without prejudice to amend, finding that after removal, it lacked jurisdiction over his claims related to a mortgage against the U.S. Department of Justice and the U.S. assistant attorney general (Ibrahim Abu-Humos v. First Merit Bank, et al., No. 15-cv-06961, N.D. Ill.; 2015 U.S. Dist. LEXIS 159805).

Mealey's Insurance - Judge Says Insured's Faulty Work Beyond Its Own Work Is A Covered 'Occurrence'

CHICAGO - Under Illinois law, there is an "occurrence" under standard-form comprehensive general liability policies when a named insured contractor's faulty workmanship causes damage to a building that is beyond the scope of its own work there, an Illinois federal judge ruled Nov. 25 (Westfield Insurance Co. v. National Decorating Service, Inc., et al., No. 14-1572, N.D. Ill.; 2015 U.S. Dist. LEXIS 159140).

Mealey's PI/Product Liability - Judge Refuses To Bar Expert Reports On Regulation, Causation In Suicide Case

CHICAGO - An Illinois federal judge on Nov. 20 declined to exclude regulation and causation experts in a Paxil suicide case (Wendy B. Dolin, individually and as independent executor of the Estate of Stewart Dolin v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline, No. 12-6403, N.D. Ill.; 2015 U.S. Dist. LEXIS 156877).

Mealey's Litigation Procedure - Judge Refuses To Bar Expert Reports On Regulation, Causation In Suicide Case

CHICAGO - An Illinois federal judge on Nov. 20 declined to exclude regulation and causation experts in a Paxil suicide case (Wendy B. Dolin, individually and as independent executor of the Estate of Stewart Dolin v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline, No. 12-6403, N.D. Ill.; 2015 U.S. Dist. LEXIS 156877).

Mealey's Insurance - Illinois Appellate Court Says Carrier Has Duty To Defend Insured Hog Farm Owner

MOUNT VERNON, Ill. - The Fifth District Illinois Appellate Court on Nov. 20 determined that an insurer has a duty to defend its insured in an underlying lawsuit alleging that the insured's hog farm is a nuisance to neighboring property owners and affirmed the trial court's more than $2 million judgment in favor of the insured (Country Mutual Insurance Co. v. Bible Pork Inc., et al., No. 5-14-0211, Ill. App., 5th Dist.; 2015 Ill. App. LEXIS 870).

Mealey's Insurance - Exclusion Did Not Clearly Bar Coverage For Mold Injuries, Illinois Panel Says

CHICAGO - Because an insurance policy did not specifically exclude mold and the insurer's intent to exclude mold-related claims was not clearly stated in the policy's pollution and health hazard exclusion, a trial court erred in finding that the policy excluded coverage for mold-related injuries, the First District Illinois Appellate Court said Nov. 10 (In re: Liquidation of Legion Indemnity Co., No. 1-14-0452, Ill. App., 1st Dist., 2nd Div.; 2015 Ill. App. LEXIS 851).

Mealey's PI/Product Liability - Judge: Defendants May Depose Expert Regardless Of Familiarity

MADISON, Wis. - Defendants are entitled to depose an expert witness regardless of his testimony or their familiarity with it, a federal judge held in an opinion filed Nov. 9, while also consolidating for trial four asbestos cases involving alleged defects in respirators (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-286, Katrina Masephol v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-186, Janet Pecher, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-147, Virginia Prust, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-143, Roger Seehafer and Janice Seehafer v. Weyerhaeuser Co. and Owens-Illinois Inc., No. 14-161, Wesley Sydow and Theresa Sydow v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-219, Brian Heckel, et al. v. CBS Corp., et al., No. 13-459, Dianne Jacobs v. Rapid American Corp., et al., No. 12-899, W.D. Wis.).

Mealey's Litigation Procedure - Judge: Defendants May Depose Expert Regardless Of Familiarity

MADISON, Wis. - Defendants are entitled to depose an expert witness regardless of his testimony or their familiarity with it, a federal judge held in an opinion filed Nov. 9, while also consolidating for trial four asbestos cases involving alleged defects in respirators (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-286, Katrina Masephol v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-186, Janet Pecher, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-147, Virginia Prust, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-143, Roger Seehafer and Janice Seehafer v. Weyerhaeuser Co. and Owens-Illinois Inc., No. 14-161, Wesley Sydow and Theresa Sydow v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-219, Brian Heckel, et al. v. CBS Corp., et al., No. 13-459, Dianne Jacobs v. Rapid American Corp., et al., No. 12-899, W.D. Wis.).

Mealey's Litigation Procedure - Illinois Federal Judge: Magazine Subscription Renewal Fax Wasn't An Ad

CHICAGO - A faxed magazine subscription renewal form did not violate the Telephone Consumer Protection Act (TCPA) and other laws, an Illinois federal judge ruled Nov. 10, granting the defendant's motion for summary judgment (Grind Lap Services, Inc., et al. v. UBM LLC, et al., No. 14-6448, N.D. Ill.; 2015 U.S. Dist. LEXIS 152134).

Mealey's Toxic Tort/Environmental - Judge: Defendants May Depose Expert Regardless Of Familiarity

MADISON, Wis. - Defendants are entitled to depose an expert witness regardless of his testimony or their familiarity with it, a federal judge held in an opinion filed Nov. 9, while also consolidating for trial four asbestos cases involving alleged defects in respirators (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-286, Katrina Masephol v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-186, Janet Pecher, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-147, Virginia Prust, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-143, Roger Seehafer and Janice Seehafer v. Weyerhaeuser Co. and Owens-Illinois Inc., No. 14-161, Wesley Sydow and Theresa Sydow v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-219, Brian Heckel, et al. v. CBS Corp., et al., No. 13-459, Dianne Jacobs v. Rapid American Corp., et al., No. 12-899, W.D. Wis.).

Mealey's PI/Product Liability - Testosterone MDL Judge: Reference Listed Drug Claims Are Preempted

CHICAGO - Although two generic testosterone replacement therapy products are reference listed drugs (RLDs), their manufacturers still cannot add new warnings and claims by plaintiffs in a multidistrict litigation are preempted by federal law, an Illinois federal judge ruled Nov. 9 (In Re: Testosterone Replacement Therapy Products Liability Litigation, No. 14-1748, N.D. Ill.; 2015 U.S. Dist. LEXIS 151414).

Mealey's Labor & Employment - Illinois Participants, Boeing File Motion For Preliminary Approval Of Class Settlement

EAST ST. LOUIS, Ill. - Boeing Co. and participants in its 401(k) plan on Nov. 5 moved in Illinois federal court for preliminary approval of a $57 million settlement, ending nine years of litigation related to excessive fee claims alleged under the Employee Retirement Income Security Act (Gary Spano, et al. v. The Boeing Company, et al., No. 06-743, S.D. Ill.).

Mealey's Toxic Tort/Environmental - Illinois High Court Reverses Ruling Reinstating $10.1 Billion Tobacco Verdict

SPRINGFIELD, Ill. - The Supreme Court of Illinois on Nov. 4 reversed an appeals court ruling reinstating a $10.1 billion consumer fraud verdict stemming from Philip Morris USA Inc.'s marketing of "light" cigarettes (Sharon Price, et al. v. Philip Morris Inc., No. 117687, Ill. Sup.; 2015 Ill. LEXIS 1265).

Mealey's Labor & Employment - Workers' Comp Law Nixes Torts In Barred Latent Disease Cases, Illinois Court Holds

CHICAGO - While it creates a harsh outcome, Illinois law forecloses on a tort remedy for a man whose mesothelioma arose outside the state's 25-year limit on workers' compensation claims, the majority of the Illinois Supreme Court held Nov. 4 (Ellen Folta, et al. v. Ferro Engineering, a division of ON Marine Services Co., No. 118070, Ill. Sup.).