LexisNexis® Legal Newsroom
Mealey's IP/Tech - Magistrate Finds No Jurisdiction Over Candy Firms' Cybersquatting Dispute

PITTSBURGH - Although a Pennsylvania federal magistrate judge found that no jurisdiction existed over a Chicago-based chocolatier that is the defendant in a cybersquatting lawsuit, in a May 12 ruling she opted to transfer the matter to Illinois rather than grant the defendant's dismissal motion (Mon Aimee Chocolat Inc. v. Tushiya LLC, et al., No. 2:14-cv-01568, W.D. Pa.; 2015 U.S. Dist. LEXIS 62048).

Mealey's Toxic Tort/Environmental - Judge Limits Testimony Of Asbestos Historian, Excludes 'Every Exposure' Theory

MADISON, Wis. - Barry Castleman, though not an official historian, may testify regarding trade journals and government publications based on his knowledge about the history of asbestos, a federal judge in Wisconsin held May 14. The judge excluded "every exposure" testimony from trial, saying the plaintiffs failed to file a substantive response in support (Gary Suoja, et al. v. Owens-Illinois Inc., No. 99-475, Barbara Connell, et al. v. Owens-Illinois Inc., No. 05-219, W.D. Wis.; 2015 U.S. Dist. LEXIS 63170).

Mealey's Insurance - Illinois Panel: Insurer Has No Duty To Defend, Indemnify $8M Fax Ads Settlement

ELGIN, Ill. - An Illinois appeals panel on May 13 found that an insurer has no duty to defend or indemnify its insured against an $8 million settlement stemming from claims that the insured transmitted unsolicited fax advertisements, once again reversing a lower court in part (G.M. Sign Inc. v. Pennswood Partners Inc., No. 2-12-1276, Ill. App., 2nd Dist.; 2015 Ill. App. LEXIS 356).

Mealey's PI/Product Liability - Panel: New Lung Cancer Claim Requires Amended Pleading, But Dismissal Premature

PHILADELPHIA - Illinois asbestos plaintiffs originally alleging nonmalignant diseases must file amended complaints alleging subsequent lung cancer, and on remand, the court must determine whether such amendment is proper, a Third Circuit U.S. Court of Appeals panel held May 11 (In re: Asbestos Products Liability Litigation; plaintiffs - Collins, Doyle, and Larweth, Nos. 13-2087, 13-2088, 13-2090, 14-1235, 14-1755, 14-1756, 3rd Cir.; 2015 U.S. App. LEXIS 7753).

Mealey's Toxic Tort/Environmental - Panel: New Lung Cancer Claim Requires Amended Pleading, But Dismissal Premature

PHILADELPHIA - Illinois asbestos plaintiffs originally alleging nonmalignant diseases must file amended complaints alleging subsequent lung cancer, and on remand, the court must determine whether such amendment is proper, a Third Circuit U.S. Court of Appeals panel held May 11 (In re: Asbestos Products Liability Litigation; plaintiffs - Collins, Doyle, and Larweth, Nos. 13-2087, 13-2088, 13-2090, 14-1235, 14-1755, 14-1756, 3rd Cir.; 2015 U.S. App. LEXIS 7753).

Mealey's Litigation Procedure - Reconsideration Of Class Certification Denied In Debt Collection Suit

CHICAGO - An Illinois federal judge on May 7 declined to reconsider class certification in a lawsuit accusing a debt collection company of violating federal law with its doorknob notes left at the homes of people the company was told were behind on their mortgage payments (Lucille Simpson, et al. v. Safeguard Properties, LLC, No. 13-2453, N.D. Ill.; 2015 U.S. Dist. LEXIS 59590).

Mealey's Bankruptcy - Liquidator Asks Court To Approve Recommendation Of Payment To Service Provider

CHICAGO - The liquidator of an insolvent insurer told an Illinois court on April 30 that a claim by a company that had provided services to the insolvent insurer's insureds should be paid, including certain post-judgment interest calculated at Texas' statutory post-judgment interest rate (People of the State of Illinois, ex rel. Andrew Boron, Director of Insurance of the State of Illinois v. Concert Health Plan Insurance Company, No. 13-CH-27224, Ill. Cir., Cook Co.).

Mealey's PI/Product Liability - Jury Returns Verdict For 2 Defendants In Asbestos-Lung Cancer Case

CHICAGO - A federal jury in Illinois on April 30 returned a verdict for ExxonMobil Oil Corp. and Owens-Illinois Inc., rejecting a man's claims that the defendants' conduct exposed him to asbestos and caused his lung cancer (Charles Krik v. Crane Co.; ExxonMobil Oil Corp.; Owens-Illinois Inc.; and The Marley-Wylain Co., No. 1:10-cv-70435, N.D. Ill.).

Mealey's Litigation Procedure - Jury Returns Verdict For 2 Defendants In Asbestos-Lung Cancer Case

CHICAGO - A federal jury in Illinois on April 30 returned a verdict for ExxonMobil Oil Corp. and Owens-Illinois Inc., rejecting a man's claims that the defendants' conduct exposed him to asbestos and caused his lung cancer (Charles Krik v. Crane Co.; ExxonMobil Oil Corp.; Owens-Illinois Inc.; and The Marley-Wylain Co., No. 1:10-cv-70435, N.D. Ill.).

Mealey's PI/Product Liability - Illinois Appeals Court Affirms Judgment In Favor Of Builder Over Alleged Defects

ELGIN, Ill. - An Illinois trial court judge's decision to award judgment in favor of a contractor accused of breaching the terms of a construction contract was affirmed by a state appeals panel on April 28 after the panel found that a couple conceded that they prevented the contractor from completing work at the site (William Reid, et al v. Galena Hillside Homes, et al., No. 2-14-0007, Ill. App., 2nd Dist.; 2015 Ill. App. Unpub. LEXIS 897).

Mealey's IP/Tech - Illinois Federal Judge Denies Attorney Fees For Trademark Defendant

CHICAGO - A prevailing trademark infringement defendant was denied an award of attorney fees on April 21 by an Illinois federal judge (Arlington Specialties Inc., d/b/a Pinch Provisions v. Urban Aid Inc., No. 13-4180, N.D. Ill.).

Mealey's Health Law - Home Health Care Company Owner Sentenced To 10 Years For Fraud

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.).

Mealey's Insurance - Occupational Experts Permitted To Testify At Psychiatrist's Disability Insurance Trial

CHICAGO - A psychiatrist whose long-term disability benefits were discontinued by his insurer failed to properly raise any objections to the opinions of his insurer's expert witnesses, an Illinois federal judge found April 17, denying the insured's motions to exclude (Naseem M. Chaudhry, M.D. v. Provident Life and Accident Insurance Co., et al., No. 1:12-cv-05838, N.D. Ill.; 2015 U.S. Dist. LEXIS 49350).

Mealey's Litigation Procedure - Occupational Experts Permitted To Testify At Psychiatrist's Disability Insurance Trial

CHICAGO - A psychiatrist whose long-term disability benefits were discontinued by his insurer failed to properly raise any objections to the opinions of his insurer's expert witnesses, an Illinois federal judge found April 17, denying the insured's motions to exclude (Naseem M. Chaudhry, M.D. v. Provident Life and Accident Insurance Co., et al., No. 1:12-cv-05838, N.D. Ill.; 2015 U.S. Dist. LEXIS 49350).

Mealey's Insurance - Home Health Care Company Owner Sentenced To 10 Years For Fraud

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.).

Mealey's Litigation Procedure - Former Congressman From Illinois Faces Class Suit From Campaign Contributors

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.).

Mealey's Insurance - 7th Circuit: Government Can Garnish Disability Insurance Payments For Restitution

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).

Mealey's Insurance - Judge Approves $60,000 Payment Of Insolvent Insurer's Lien

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.).

Mealey's IP/Tech - Illinois Federal Judge Sanctions Attorneys In Patent Litigation

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).

Mealey's PI/Product Liability - Federal Government Asks Illinois Court To Enjoin Sale Of Listeria-Tainted Sprouts

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.)

Mealey's Insurance - Judge: Insurer Has No Duty To Defend, Indemnify Costs From Faulty Work

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).

Mealey's IP/Tech - Federal Circuit Reverses Dismissal Of Declaratory Judgment Patent Complaint

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.).

Mealey's Labor & Employment - Illinois Federal Judge Tosses 1 Of 2 Claims In Misclassification Class Suit

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).

Mealey's Litigation Procedure - Illinois Federal Judge Tosses 1 Of 2 Claims In Misclassification Class Suit

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).

Mealey's IP/Tech - Illinois Federal Judge Partly Grants Dismissal In Copyright Case

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.).