LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - 7th Circuit Affirms Dismissal, Sanctions For Third-Party Contribution Suit

CHICAGO - A federal judge in Illinois did not err when finding that a trucking company could not pursue a contribution claim under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) against parties with which it previously entered into a settlement agreement and properly sanctioned the company $200,000 pursuant to Federal Rule of Civil Procedure Rule 11, a Seventh Circuit U.S. Court of Appeals panel ruled July 27 (United States of America v. Rogers Carnage Company, et al., Nos. 12-3624, 13-3052, 7th Cir.; 2015 U.S. App. LEXIS 12926).

Mealey's PI/Product Liability - Judge Won't Reconsider Consumer Fraud Ruling Against Purdue Pharma

CHICAGO - An Illinois federal judge on July 27 denied a motion by Purdue Pharma L.P. to reconsider his order denying dismissal of consumer fraud claims brought by the City of Chicago and denied Chicago's motion to clarify the motion dismissing claims against six other opioid manufacturers (City of Chicago v. Purdue Pharma, L.P., et al., No. 14-4362, N.D. Ill., Eastern Div.).

Mealey's Toxic Tort/Environmental - Ill. Appeals Court Upholds Ruling That Agency Properly Responded To Comments

SPRINGFIELD, Ill. - A Illinois appeals panel on July 22 upheld the Pollution Control Board's ruling finding that the Illinois Environmental Protection Agency (IEPA) properly responded to public comments regarding its decision to award a National Pollutant Discharge Elimination system (NPDES) permit to a coal-fired electric generating facility and that the agency was not required to establish a case-by-case basis for determining if the energy supplier was using the best available technology for limiting its discharges of mercury (Natural resources Defense Council, et al. v. The Pollution Control Board, et al., No. 4-14-0644, Ill. App., 4th Dist.; 2015 Ill. App. LEXIS 559).

Mealey's Litigation Procedure - Experts Cleared To Testify At Michael Jordan's Right-Of-Publicity Damages Trial

CHICAGO - Two opposing damages experts - one for basketball great Michael Jordan and the other for two supermarket chains that Jordan says violated his right of publicity under Illinois state law - can testify on the fair market value of the chains' misappropriation of Jordan's identity in a magazine advertisement, a federal judge in Illinois held July 23 (Michael Jordan, et al. v. Dominick's Finer Foods, et al., No. 10-407, N.D. Ill.; 2015 U.S. Dist. LEXIS 95921).

Mealey's Litigation Procedure - Judge Grants Final Approval To $62M Settlement And Fee Award In 401(k) Case

EAST ST. LOUIS, Ill. - A federal judge in Illinois on July 17 awarded $20.6 million in fees and $1.6 million in costs and, on July 20, granted final approval to a $62 million settlement of claims by participants in two of Lockheed Martin Corp.'s 401(k) plans that the plans' fiduciaries breached their duties under the Employee Retirement Income Security Act by causing the plans to pay excessive administrative expenses, by investing in a stable-value fund (SVF) that did not result in a rate of return that was sufficient for a retirement asset and by mismanaging the plan's company stock funds (CSFs) (Anthony Abbott, et al. v. Lockheed Martin Corp., et al., No. 06-cv-701, S.D. Ill.; 2015 U.S. Dist. LEXIS 93206).

Mealey's PI/Product Liability - Risk Of Diving Into Lake Was Obvious, Michigan Appeals Court Rules

ELGIN, Ill. - The danger posed by diving into a lake was open and obvious; therefore, the operator of a recreational resort owed no duty of care to a man who suffered a broken neck after diving off a pier, the Illinois Second District Appellate Court ruled July 21 (Krysztof Bujnowski v. Birchland Inc., No. 2-14-0578, Ill. App., 2nd Dist.; 2015 Ill. App. LEXIS 557).

Mealey's PI/Product Liability - Avandia MDL Judge Rules Illinois Plaintiff Attorney Must Pay Common Fees

PHILADELPHIA - An Illinois plaintiff law firm implicitly agreed to used common benefit work product from the Avandia multidistrict litigation and its settled state court cases are subject to the MDL court's 7 percent common benefit assessment, a judge in the U.S. District Court for the Eastern District of Pennsylvania ruled July 21 (In Re: Avandia Marketing, Sales Practices, and Products Liability Litigation, MDL Docket No. 1871, No. 07-md-1871, E.D. Pa.).

Mealey's Labor & Employment - Judge Grants Final Approval To $62M Settlement And Fee Award In 401(k) Case

EAST ST. LOUIS, Ill. - A federal judge in Illinois on July 17 awarded $20.6 million in fees and $1.6 million in costs and, on July 20, granted final approval to a $62 million settlement of claims by participants in two of Lockheed Martin Corp.'s 401(k) plans that the plans' fiduciaries breached their duties under the Employee Retirement Income Security Act by causing the plans to pay excessive administrative expenses, by investing in a stable-value fund (SVF) that did not result in a rate of return that was sufficient for a retirement asset and by mismanaging the plan's company stock funds (CSFs) (Anthony Abbott, et al. v. Lockheed Martin Corp., et al., No. 06-cv-701, S.D. Ill.; 2015 U.S. Dist. LEXIS 93206).

Mealey's Litigation Procedure - Nurse Was 'Borrowed Employee' Subject To Workers' Comp Act, Illinois Court Rules

MOUNT VERNON, Ill. - No issue of material fact remains as to whether a nurse assigned by a health care staffing agency to work in a hospital was a temporary employee of the hospital when she was injured after slipping and falling on the hospital premises, an Illinois appeals court ruled July 16 (Shelley Reichling v. Touchette Regional Hospital Inc., No. 5-14-0412, Ill. App., 5th Dist.; 2015 Ill. App. LEXIS 543).

Mealey's Insurance - Massachusetts Federal Judge: Factors Weigh In Favor Of Transferring Suit To Illinois

BOSTON - A Massachusetts federal judge on July 15 granted an insured's motion to transfer an insurer's suit to Illinois federal court because the State of Illinois has a greater interest in resolving the dispute as it involves the cleanup of contaminated property within Illinois (Federal Insurance Co. v. XTRA Intermodal Inc., et al., No. 14-14010, D. Mass.; 2015 U.S. Dist. LEXIS 91992).

Mealey's PI/Product Liability - Nurse Was 'Borrowed Employee' Subject To Workers' Comp Act, Illinois Court Rules

MOUNT VERNON, Ill. - No issue of material fact remains as to whether a nurse assigned by a health care staffing agency to work in a hospital was a temporary employee of the hospital when she was injured after slipping and falling on the hospital premises, an Illinois appeals court ruled July 16 (Shelley Reichling v. Touchette Regional Hospital Inc., No. 5-14-0412, Ill. App., 5th Dist.; 2015 Ill. App. LEXIS 543).

Mealey's Litigation Procedure - Federal Judge Substantially Trims Claims In Securities Class Action Lawsuit

CHICAGO - A federal judge in Illinois on July 10 substantially dismissed a shareholder class action lawsuit against Navistar International Corp. and certain of its officers and directors, ruling that the lead plaintiff in the action failed to plead an actionable misrepresentation or scienter (Construction Workers Pension Trust Fund, et al. v. Navistar International Corp., et al., No. 13-2111, N.D. Ill.; 2015 U.S. Dist. LEXIS 90152).

Mealey's Litigation Procedure - Illinois Federal Judge Tosses Class Suit Over Wine Telemarketing Calls

CHICAGO - An Illinois federal judge on July 9 dismissed a class complaint without prejudice after determining that the plaintiff, who sued wine sellers for allegedly violating the Telephone Consumer Protection Act (TCPA) by placing telemarketing calls, failed to show that the defendants employed an automatic telephone dialing system (ATDS) (Nicholas Martin, et al. v. Direct Wines, Inc., et al., No. 15-757, N.D. Ill.; 2015 U.S. Dist. LEXIS 89015).

Mealey's Securities/D&O Liability - Federal Judge Substantially Trims Claims In Securities Class Action Lawsuit

CHICAGO - A federal judge in Illinois on July 10 substantially dismissed a shareholder class action lawsuit against Navistar International Corp. and certain of its officers and directors, ruling that the lead plaintiff in the action failed to plead an actionable misrepresentation or scienter (Construction Workers Pension Trust Fund, et al. v. Navistar International Corp., et al., No. 13-2111, N.D. Ill.; 2015 U.S. Dist. LEXIS 90152).

Mealey's Insurance - Illinois Panel: Trial Court Had Jurisdiction Over Workers' Compensation Issue

SPRINGFIELD, Ill. - An Illinois appeals court panel on July 7 upheld a trial court's dismissal of a man's petition seeking reversal of a default judgment awarded to the insurance company that issued his workers' compensation policy, holding that the lower court, rather than the Illinois Workers' Compensation Commission, had jurisdiction over whether the man misrepresented the number of employees who worked for his company (Pekin Insurance Company v. Tyree Campbell, d/b/a Campbell Construction & Improvement, No. 4-14-0955, Ill. App., 4th Dist.; 2015 Ill. App. LEXIS 523).

Mealey's Banking & Finance - Federal Judge Finds TILA And RESPA Claims Are Time-Barred, Dismisses Case

CHICAGO - After finding that many of the claims asserted by plaintiffs against several mortgage entities were barred by the doctrine established in Rooker v. Fidelity Trust Co. (263 U.S. 413 [1923 ]) and District of Columbia Court of Appeals v. Feldman (460 U.S. 462 [1983 ]) or by a statute of limitations, an Illinois federal judge on July 6 dismissed the case in its entirety (Francessa Johnson, et al. v. SunTrust Mortgage, Inc., et al., No. 14-3862, N.D. Ill.; 2015 U.S. Dist. LEXIS 87481).

Mealey's IP/Tech - Illinois Federal Judge Says Patents Cover Eligible Subject Matter

CHICAGO - A motion to dismiss a second amended patent infringement complaint on grounds of failure to satisfy 35 U.S. Code Section 101 was rejected July 7 by a federal judge in Illinois (The Chamberlain Group Inc. v. Nortek Security & Control LLC, No. 14-5197, N.D. Ill.; 2015 U.S. Dist. LEXIS 87876).

Mealey's PI/Product Liability - Circumstantial Asbestos Case Overcomes Summary Judgment, Federal Judge Says

EAST ST. LOUIS, Ill. - Co-worker testimony placing a man in the vicinity of a company's asbestos-containing insulation, while circumstantial, overcomes summary judgment, a federal judge in Illinois held July 1 (Gerald D. McAlvey v. Atlas Copco Compressors LLC, et al., No. 14-64, S.D. Ill.; 2015 U.S. Dist. LEXIS 85844).

Mealey's Toxic Tort/Environmental - Circumstantial Asbestos Case Overcomes Summary Judgment, Federal Judge Says

EAST ST. LOUIS, Ill. - Co-worker testimony placing a man in the vicinity of a company's asbestos-containing insulation, while circumstantial, overcomes summary judgment, a federal judge in Illinois held July 1 (Gerald D. McAlvey v. Atlas Copco Compressors LLC, et al., No. 14-64, S.D. Ill.; 2015 U.S. Dist. LEXIS 85844).

Mealey's Banking & Finance - Federal Judge Finds Bank Held Mortgage, Dismisses Quiet Title Action

CHICAGO - After finding that a bank held the mortgage that was defaulted on by a property owner, an Illinois federal judge on July 6 granted the bank's motion to dismiss her quiet title claims (Rose Maguire v. Bank of New York Mellon, N.A., et al., No. 13-cv-6874, N.D. Ill.; 2015 U.S. Dist. LEXIS 87359).

Mealey's PI/Product Liability - Judge Finds Contacts With Illinois Insufficient For 'All-Purpose' Jurisdiction

EAST ST. LOUIS, Ill. - Registering and operating businesses are insufficient to create "all-purpose" jurisdiction in Illinois, a federal judge said July 1 in dismissing three defendants from an asbestos action (Dennis Rozumek v. General Electric Co., et al., No. 15-441, S.D. Ill.; 2015 U.S. Dist. LEXIS 85778).

Mealey's PI/Product Liability - Tennessee Court Affirms Causation Experts, Evidence, $3,335,685 Asbestos Verdict

NASHVILLE, Tenn. - A Tennessee court on June 30 rejected a railroad's challenges to asbestos causation experts and evidence and affirmed a $3,335,685 judgment (Linda J. Russell, et al. v. Illinois Central Railroad Co., No. W2013-02453-COA-R3-CV, Tenn. App.; 2015 Tenn. App. LEXIS 520).

Mealey's Toxic Tort/Environmental - Judge Finds Contacts With Illinois Insufficient For 'All-Purpose' Jurisdiction

EAST ST. LOUIS, Ill. - Registering and operating businesses are insufficient to create "all-purpose" jurisdiction in Illinois, a federal judge said July 1 in dismissing three defendants from an asbestos action (Dennis Rozumek v. General Electric Co., et al., No. 15-441, S.D. Ill.; 2015 U.S. Dist. LEXIS 85778).

Mealey's Toxic Tort/Environmental - Tennessee Court Affirms Causation Experts, Evidence, $3,335,685 Asbestos Verdict

NASHVILLE, Tenn. - A Tennessee court on June 30 rejected a railroad's challenges to asbestos causation experts and evidence and affirmed a $3,335,685 judgment (Linda J. Russell, et al. v. Illinois Central Railroad Co., No. W2013-02453-COA-R3-CV, Tenn. App.; 2015 Tenn. App. LEXIS 520).

Mealey's PI/Product Liability - Illinois Court Won't Reconsider Immunity For Doctors, Hospital In Negligence Suit

CHICAGO - A state appeals court June 26 denied reconsideration of its ruling affirming the entry of summary judgment for several physicians and a hospital in a suit alleging medical malpractice and violation of the Emergency Medical Treatment and Active Labor Act (EMTALA) (Koni Johnson v. Christine Pabin Bishof, et al., No. 1-13-1122, Ill. App., 1st Jud. Dist.; 2015 Ill. App. LEXIS 492)