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).
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).
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.).
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).
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).
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).
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).
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).
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.).
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).
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).
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).
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).
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.).
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).
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).
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.).
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.).
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).
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).
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).