LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Excludes Testimony In Lawsuit Against Caterpillar For Breach Of Agreement

CHICAGO - In a breach-of-agreement lawsuit, an Illinois federal judge on Nov. 1 excluded testimony regarding a clean-room design, the termination of the supply agreement and the disclosure of trade secrets to third parties (Miller UK Ltd. and Miller International Ltd. v. Caterpillar, Inc., No. 10-03770, N.D. Ill.; 2015 U.S. Dist. LEXIS 147843).

Mealey's Litigation Procedure - Judge Declines To Bar Experts, Certifies Fraud Class In Suit Against Coffee Cup Makers

BENTON, Ill. - After denying several motions to exclude testimony, an Illinois federal judge on Nov. 3 granted a request to certify a statutory consumer fraud class in a lawsuit against the manufacturers of single-serve coffee cups (Linda Suchanek, et al. v. Sturm Foods, Inc. and Treehouse Foods, Inc., No. 11-565, S.D. Ill.; 2015 U.S. Dist. LEXIS 148729).

Mealey's Toxic Tort/Environmental - 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.).

Mealey's PI/Product Liability - Federal Jury Returns Verdict For John Crane In Asbestosis Case

EAST ST. LOUIS, Ill. - A federal jury in Illinois hearing an asbestosis case involving exposures in the U.S. Navy found for lone remaining defendant John Crane Inc. on Oct. 29 (Andrew V. Kochera v. General Electric Co., et al., No. 14-29, S.D. Ill.; 2015 U.S. Dist. LEXIS 125726).

Mealey's Litigation Procedure - Federal Jury Returns Verdict For John Crane In Asbestosis Case

EAST ST. LOUIS, Ill. - A federal jury in Illinois hearing an asbestosis case involving exposures in the U.S. Navy found for lone remaining defendant John Crane Inc. on Oct. 29 (Andrew V. Kochera v. General Electric Co., et al., No. 14-29, S.D. Ill.; 2015 U.S. Dist. LEXIS 125726).

Mealey's Toxic Tort/Environmental - Federal Jury Returns Verdict For John Crane In Asbestosis Case

EAST ST. LOUIS, Ill. - A federal jury in Illinois hearing an asbestosis case involving exposures in the U.S. Navy found for lone remaining defendant John Crane Inc. on Oct. 29 (Andrew V. Kochera v. General Electric Co., et al., No. 14-29, S.D. Ill.; 2015 U.S. Dist. LEXIS 125726).

Mealey's Toxic Tort/Environmental - Judge: EPA's Remediation Plan For Property Is Not Arbitrary, Capricious

PEORIA, Ill. - A federal judge in Illinois on Oct. 30 sustained the federal government's objections to a magistrate judge's recommendation denying its motion for immediate access to property housing asbestos containing material (ACM), finding that the U.S. Environmental Protection Agency submitted sufficient evidence concerning the amount of contamination on the property as well as an adequate remedial plan (United States of America v. Donna Gearing, et al., No. 15CV01333, C.D. Ill.; 2015 U.S. Dist. LEXIS).

Mealey's IP/Tech - Chocolatier's Bid To Dismiss Trademark, Cybersquatting Complaint Again Denied

CHICAGO - A Pennsylvania candy company has sufficiently stated its cybersquatting and trademark-related claims against another candy firm, an Illinois federal judge ruled Oct. 22, denying the defendant's motion to dismiss the complaint that had previously been transferred, rather than dismissed, by another federal judge (Mon Aimee Chocolat Inc. v. Tushiya LLC, et al., No. 1:15-cv-04235, N.D. Ill.; 2015 U.S. Dist. LEXIS 143549).

Mealey's Insurance - Illinois Federal Suit Stayed Until Parallel Wisconsin Suit Is Resolved

CHICAGO - An Illinois federal judge on Oct. 23 stayed an insurer's suit seeking an order compelling the arbitration of an asbestos coverage dispute until a parallel suit in Wisconsin state court is decided because the Wisconsin suit will address the same payment agreement that is at the heart of the Illinois federal petition (Allstate Insurance Co. v. A.O. Smith Corp., No. 15-6574, N.D. Ill.; 2015 U.S. Dist. LEXIS 143995).

Mealey's Litigation Procedure - Illinois High Court Upholds Class Certification Motion Filed With Complaint

SPRINGFIELD, Ill. - The named plaintiff in a Telephone Consumer Protection Act (TCPA) class complaint timely moved for class certification by filing such a motion concurrently with the complaint, the Illinois Supreme Court ruled Oct. 22, partially reversing an appellate panel's decision (Ballard RN Center, Inc. v. Kohll's Pharmacy and Homecare, Inc., No. 118644, Ill. Sup.; 2015 Ill. LEXIS 1248).

Mealey's IP/Tech - Illinois Couple Sues Pandora, XM Sirius Over Royalties For Pre-1972 Songs

NEWARK, N.J. - A couple that owns federal copyrights in a number of songs from before 1972 filed a complaint against satellite radio firm Sirius XM Radio Inc. and online streaming service Pandora Media Inc. in New Jersey federal court on Oct. 19, asserting that the companies have been airing their recordings without paying proper royalties (Arthur Sheridan, et al. v. Sirius XM Radio, Inc., et al., No. 2:15-cv-07576, D. N.J. and Arthur Sheridan, et al. v. iHeartMedia Inc., No. 2:15-cv-07574, D. N.J.).

Mealey's Insurance - 7th Circuit Upholds Insurer's Summary Judgment Award In STOLI Suit

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Oct. 20 upheld a federal judge in Illinois' ruling awarding summary judgment to Ohio National Life Assurance Corp., finding that it provided pro se defendants accused of purchasing stranger-obtained life insurance (STOLI) policies with sufficient notice of the motion (Ohio National Life Assurance Corp. v. Douglas W. Davis, et al., Nos. 14-3664, 14-3725, 7th Cir.; 2015 U.S. App. LEXIS 18157).

Mealey's Insurance - Magistrate Judge Dismisses Man's Claims Over Use Of Noncertified Technicians

CHICAGO - A federal magistrate judge in Illinois granted in part an independent diagnostic testing facility's (IDTF) motion to dismiss when finding that a man could not pursue claims that it violated the False Claims Act (FCA) when allowing noncertified technicians to perform remote heart-monitoring services for patients and then billing Medicare for the service, but found that the rest of the man's lawsuit sufficiently stated claims against the defendant (United States of America, ex rel. Matthew Cieszynski v. LifeWatch Services Inc., No. 13 CV 4052, N.D. Ill.; 2015 U.S. Dist. LEXIS 141721).

Mealey's IP/Tech - Illinois Federal Judge Dismisses Claims Of Patent Fraud

CHICAGO - Allegations that the predecessor-in-interest for two declaratory judgment defendants committed fraud before the U.S. Patent and Trademark Office (PTO) in procuring patents for an automated card shuffler were rejected on jurisdictional grounds Oct. 9 by an Illinois federal judge (Shuffle Tech International LLC, et al. v. Bally Technologies Inc., et al., No. 15-3702, N.D. Ill.; 2015 U.S. Dist. LEXIS 138741).

Mealey's Litigation Procedure - Kohl's To Face Disabled Class' Inaccessibility Claims

CHICAGO - An Illinois federal judge on Oct. 7 denied a motion by Kohl's Corp. and Kohl's Department Stores Inc. (collectively, Kohl's) to strike class claims alleging that the defendants' retail stores are inaccessible to individuals with disabilities (Equal Rights Center, et al. v. Kohl's Corporation, et al., No. 14-8259, N.D. Ill.; 2015 U.S. Dist. LEXIS 137234).

Mealey's Insurance - Reinsurer Removes $180,000 Breach Of Contract Suit To Illinois Federal Court

CHICAGO - A reinsurer on Oct. 7 removed to Illinois federal court a suit in which the holder of the rights to certain accounts receivables due to an insolvent insurer is suing the reinsurer, alleging that it owes more than $180,000 stemming from 1980s reinsurance agreements (Pine Top Receivables of Illinois, LLC v. Transfercom, Ltd., No. 15-cv-8908, N.D. Ill.).

Mealey's PI/Product Liability - Illinois Appeals Court: General Contractor Can Face Habitability Claims

CHICAGO - A general contractor can face a condominium owners association's claim for breach of the implied warranty of habitability, an Illinois appeals panel ruled Sept. 30, after finding that the association was unable to show that the defendant was insolvent (Board of Managers of Park Point at Wheeling Condominium Association v. Park Point at Wheeling LLC, et al., No. 1-12-3452, Ill. App., 1st Dist., 4th Div.; 2015 Ill. App. LEXIS 755).

Mealey's Insurance - Subsidence Damage Is Not An 'Occurrence' Under Insurance Policy, Judge Says

CHICAGO - Subsidence damage to a home caused by subcontractors' work is not an "occurrence," an Illinois federal judge ruled Sept. 30, finding that an insurer had no duty to defend or indemnify its insured contractor in a breach of warranty lawsuit (Cincinnati Insurance Co. v. Northridge Builders, Inc., et al., No. 12-9102, N.D. Ill.; 2015 U.S. Dist. LEXIS 132165).

Mealey's PI/Product Liability - Judge Finds Consolidated Trial Of 4 Asbestos Cases Is Unnecessary

BENTON, Ill. - A federal judge in Illinois on Sept. 28 declined to consolidate for trial four asbestos cases, saying in a docket entry that while the cases share common legal issues, case-specific facts prevented consolidation from preserving judicial economy (Kenneth R. Greenleaf Sr. v. Atlas Copco Compressors LLC, et al., No. 14-51, S.D. Ill.).

Mealey's Toxic Tort/Environmental - Judge Finds Consolidated Trial Of 4 Asbestos Cases Is Unnecessary

BENTON, Ill. - A federal judge in Illinois on Sept. 28 declined to consolidate for trial four asbestos cases, saying in a docket entry that while the cases share common legal issues, case-specific facts prevented consolidation from preserving judicial economy (Kenneth R. Greenleaf Sr. v. Atlas Copco Compressors LLC, et al., No. 14-51, S.D. Ill.).

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).