CHICAGO - The U.S. Attorney's Office for the Northern District of Illinois announced that a federal judge in Illinois on April 17 sentenced the owner of two home health care companies who pleaded guilty to submitting more than $20 million in fraudulent bills to Medicare to 10 years in prison and ordered him to pay $23.3 million in restitution (United States of America v. Jacinto "John" Gabriel Jr., No. 11-cr-00054, N.D. Ill.).
CHICAGO - A Chicago man who donated $500 to the campaign committee for Aaron Schock filed a class complaint April 15 against Schock and 100 unnamed Does in Illinois federal court, alleging that the former U.S. congressman defrauded donors (Howard Foster, et al. v. Aaron Jon Schock, et al., No. 15-3325, N.D. Ill.).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on April 7 ruled that the federal government can garnish the monthly payments of a man who pleaded guilty to insurance fraud in order for him to pay restitution, finding that a federal judge in Illinois did not err in finding that the payments did not fall within the Consumer Credit Protection Act's (CCPA) definition of earnings (United States of America v. Gary L. France, No. 14-2743, 7th Cir.; 2015 U.S. App. LEXIS 5588).
CHICAGO - An Illinois judge on April 2 approved a $60,000 agreement that pays a portion of a workers' compensation lien placed by an insolvent insurer and releases the insolvent insurer's obligations under a workers' compensation policy (In the Matter of the Liquidation of Reinsurance Company of America, Inc., No. 10-CH-06207, Ill. Cir., Cook Co.).
CHICAGO - A federal judge in Illinois on April 3 found that conduct by four Niro, Scavone, Haller & Niro attorneys in a patent lawsuit is sanctionable under 28 U.S. Code Section 1927 (Intellect Wireless Inc. v. Sharp Corporation, et al., No. 10-6763 N.D. Ill.; 2015 U.S. Dist. LEXIS 44070).
CHICAGO - The federal government filed suit in federal court April 3, seeking to enjoin an Illinois company's distribution of mung bean and soybean sprouts linked to an outbreak of listeriosis in Illinois and Michigan (United States of America v. Wholesome Soy Products Inc., et al., No. 15-2974, N.D. Ill.)
CHICAGO - A contractor's insurer has no duty to defend or indemnify a subrogated homeowners insurer for damages caused by the contractor's alleged defective workmanship, an Illinois federal judge ruled March 31 (AMCO Insurance Co. v. Northern Heritage Builders LLC and American Family Insurance Co., No. 12-09071, N.D. Ill.; 2015 U.S. Dist. LEXIS 41341).
WASHINGTON, D.C. - A request by Apotex Inc. for a declaration of noninfringement was improperly dismissed by an Illinois federal judge for lack of a case or controversy, the Federal Circuit U.S. Court of Appeals ruled March 31 (Apotex Inc. v. Daiichi Sankyo Inc. and Daiichi Sankyo Ltd. v. Mylan Pharmaceuticals Inc., Nos. 14-1282, -1291, Fed. Cir.).
CHICAGO - An Illinois federal judge on March 25 granted an employer's motion for partial summary judgment in an employee's wage-and-hour class complaint, finding that the employee failed to show that there was an employment agreement entitling him to overtime pay (Steven Schneider, et al. v. Ecolab, Inc., No. 14-1044, N.D. Ill.; 2015 U.S. Dist. LEXIS 37440).
CHICAGO - Plaintiff American Medical Association (AMA) and three defendants in a declaratory judgment copyright action were ordered March 25 by an Illinois federal judge to show cause why the dispute should not be consolidated with another pending case (American Medical Association v. 3Lions Publishing Inc. et al., No. 14-5280, N.D. Ill.; 2015 U.S. Dist. LEXIS 37891.).
CHICAGO - An Illinois appeals panel on March 24 affirmed a lower court's ruling that a legal malpractice insurance policy's prior knowledge exclusion justified an insurer's refusal to defend its law firm insured against two underlying claims arising from the insured's drafting error of a shareholder agreement (Synergy Law Group LLC, et al. v. Ironshore Specialty Insurance Co., et al., No. 1-14-2070, Ill. App., 1st Dist., 2nd Div.; 2015 Ill. App. Unpub. LEXIS 602).
CHICAGO - An Illinois appeals panel on March 20 affirmed a lower court's judgment of $816,833.13 plus prejudgment interest in favor of a bank in a mortgage clause coverage dispute arising from an alleged $2.27 million theft and vandalism loss that occurred at a vacant building (Old Second National Bank v. Indiana Insurance Co., et al., No. 1-14-0265, Ill. App., 1st. Dist., 6th Div.; 2015 Ill. App. LEXIS 185).
CHICAGO - An Illinois appeals panel on March 20 affirmed a lower court's ruling that an insurer has no duty to defend or indemnify its insured against underlying claims that it violated Microsoft Corp.'s intellectual property rights by selling computers that were loaded with unauthorized copies of Microsoft's software (Erie Insurance Exchange v. Compeve Corp., et al., No. 1-14-2508, Ill. App., 1st Dist., 5th Div.; 2015 Ill. App. Unpub. LEXIS 561).
CHICAGO - The Illinois Supreme Court on March 19 affirmed an appeals court finding that Illinois Code of Civil Procedure Section 2-2201 imposes a duty of ordinary care on an insurance company's agent to procure the coverage that was specifically requested by the customer (Steven A. Skaperdas, et al. v. Country Casualty Insurance Co. and Tom Lessaris, No. 117021, Ill. Sup.; 2015 Ill. LEXIS 320).
EDWARDSVILLE, Ill. - Sufficient evidence exists that two pump makers who supplied the U.S. Navy also supplied it with replacement parts a man worked with in enclosed spaces, a federal judge in Illinois held March 18 in an asbestos exposure case (William Hasenberg Jr. and Linda Hasenberg v. Asbestos Corp. Ltd., et al., No. 13-1325, S.D. Ill.; 2015 U.S. Dist. LEXIS 33635).
CHICAGO - Pension funds' claims that Bank of New York Mellon breached its fiduciary duties under the Employee Retirement Income Security Act by investing in notes issued by Lehman Brothers Holding Co. through its securities lending program are not precluded by the U.S. Supreme Court's ruling in Fifth Third Bancorp v. Dudenhoeffer (134 S.Ct. 2459 ), a federal judge in Illinois ruled March 16 (The International Brotherhood of Teamsters Union Local No. 710 Pension Fund, et al. v. The Bank of New York Mellon Corporation, et al., No. 13 C 1844, N.D. Ill.; 2015 U.S. Dist. LEXIS 31682).
CHICAGO - In granting a disability claimant's motion for entry of judgment, an Illinois federal magistrate judge on March 13 determined that the claimant's predisability earnings should be based on the claimant's regular earnings and not based on a tax year in which the claimant's salary was vastly different from other years (Carole Cheney v. Standard Insurance Co., et al., No. 13-4269, N.D. Ill.; 2015 U.S. Dist. LEXIS 30918).
CHICAGO - An Illinois federal judge on March 13 certified a class of door-to-door salespersons who allege that they were improperly classified as independent contractors (Levonna Wilkins, et al. v. Just Energy Group, Inc., et al., No. 13-5806, N.D. Ill.; 2015 U.S. Dist. LEXIS 31902).
SPRINGFIELD, Ill. - An Illinois appeals court on March 17 affirmed a $1.4 million asbestos verdict against a railroad for exposure arising from a property it leased, rejecting challenges to the verdict form, jury instructions and admission of evidence regarding the lease (In re: Estate of Lilienthal, No. 4-14-0280, Ill. App., 4th Dist.; 2015 Ill. App. Unpub. LEXIS 514).