LexisNexis® Legal Newsroom
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).

Mealey's IP/Tech - Illinois Federal Magistrate Issues Discovery Rulings In Polymer Trade Secrets Suit

CHICAGO - Granting in part and denying in part the parties' discovery motions in a lawsuit over the purported misappropriation of polymer production trade secrets by a former employee, an Illinois federal magistrate judge on Dec. 30 found discovery requests related to the formula and testing of the purportedly infringing items to be relevant and discoverable (PolyOne Corp. v. Yun Martin Lu, et al., No. 1:14-cv-10369, N.D. Ill.; 2015 U.S. Dist. LEXIS 172924).

Mealey's Litigation Procedure - Illinois Federal Magistrate Issues Discovery Rulings In Polymer Trade Secrets Suit

CHICAGO - Granting in part and denying in part the parties' discovery motions in a lawsuit over the purported misappropriation of polymer production trade secrets by a former employee, an Illinois federal magistrate judge on Dec. 30 found discovery requests related to the formula and testing of the purportedly infringing items to be relevant and discoverable (PolyOne Corp. v. Yun Martin Lu, et al., No. 1:14-cv-10369, N.D. Ill.; 2015 U.S. Dist. LEXIS 172924).

Mealey's Insurance - Lawsuit Seeking Coverage For Underlying Mold Injury Suit Properly Removed, Judge Says

CHICAGO - An insured's lawsuit seeking a declaration that coverage is owed for an underlying suit filed against it by a tenant and alleging injuries as a result of the presence of mold and mildew in an insured's apartment was properly removed to Illinois federal court because the amount in controversy meets the jurisdictional requirement and the underlying plaintiffs were fraudulently joined as defendants, an Illinois federal judge said Dec. 31 (Midland Management Co. v. American Alternative Insurance Corp., et al., No. 15-6203, N.D. Ill.; 2015 U.S. Dist. LEXIS 173353).

Mealey's PI/Product Liability - Craftsman Lawnmower Defect Claims Trimmed; Class Certification Dismissal Denied

CHICAGO - An Illinois federal judge on Dec. 18 partially granted a motion to dismiss claims brought by the owners of certain Craftsman lawnmowers who allege defects caused various issues, including fire, but denied a motion to strike the class allegations (Rebecca Rysewyk, et al. v. Sears Holdings Corp., et al., No. 15-4519, N.D. Ill.; 2015 U.S. Dist. LEXIS 169124).

Mealey's Toxic Tort/Environmental - Groundwater Contamination Case Barred By Statute Of Limitations, Judge Says

CHICAGO - A federal judge in Illinois on Dec. 18 ruled that a groundwater contamination lawsuit against General Electric was barred by the statute of limitations because the plaintiffs knew, or should have known, about the contamination well before the action was filed (Lajim LLC, et al. v. General Electric Co., No. 13-50348, N.D. Ill.; 2015 U.S. Dist. LEXIS 169753).

Mealey's Litigation Procedure - Craftsman Lawnmower Defect Claims Trimmed; Class Certification Dismissal Denied

CHICAGO - An Illinois federal judge on Dec. 18 partially granted a motion to dismiss claims brought by the owners of certain Craftsman lawnmowers who allege defects caused various issues, including fire, but denied a motion to strike the class allegations (Rebecca Rysewyk, et al. v. Sears Holdings Corp., et al., No. 15-4519, N.D. Ill.; 2015 U.S. Dist. LEXIS 169124).

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.).