LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge: No Expert Witness Errors For Battery Claims Of Man Shot By Police

CHICAGO - A man who was paralyzed when he was shot by a Chicago police officer is not entitled to a new trial on his excessive force and malicious prosecution claims against the officer and the city based on his contention that the court should have excluded testimony from a forensic pathologist expert for the defendants, an Illinois federal judge held June 17 (Scirocco Giles v. Nicholas Ludwig, et al., No. 12-cv-6746, N.D. Ill.; 2015 U.S. Dist. LEXIS 78632).

Mealey's PI/Product Liability - Illinois Appeals Court Won't Reconsider Dismissal Of Malpractice Suit

SPRINGFIELD, Ill. - A state appeals court on June 17 denied reconsideration of its finding that the discovery rule does not apply to a wrongful death and survival action filed by the family of a woman who died of postsurgical complications (Randall W. Moon v. Clarissa F. Rhode, et al., No. 3-13-0613, Ill. App., 3rd Dist.).

Mealey's Litigation Procedure - Class Action Filed Against Shutterfly For Unauthorized Biometrics Collection

CHICAGO - A Chicago man on June 17 filed a complaint against photo-sharing website operator Shutterfly Inc., alleging violation of the Illinois Biometric Information Privacy Act (BIPA) by collecting biometric identifying information via facial recognition technology without obtaining the consent of nonusers of its website (Brian Norberg v. Shutterfly Inc., et al., No. 1:15-cv-05351, N.D. Ill.).

Mealey's Insurance - No Coverage Owed For Suit Alleging Injuries Caused By Mold, Ill. Federal Judge Says

CHICAGO - An Illinois federal judge on June 16 granted an insurer's motion for summary judgment after finding that a fungi and bacteria exclusion clearly precludes coverage for an underlying suit filed by residents of an insured apartment complex and alleging injuries as a result of exposure to mold and other toxic airborne pathogens (Tower Insurance Company of New York v. Pima Lansing LLC et al., No. 14-02271, N.D. Ill.; 2015 U.S. Dist. LEXIS 77506).

Mealey's Toxic Tort/Environmental - Judge: Consent Decree Does Not Barr All Clean Air Act Claims

CINCINNATI - A federal judge in Ohio on June 16 dismissed portions of Clean Air Act (CAA) claims brought by residents who live near a facility owned and operated by Haverhill North Coke Co., finding that a consent decree involving the defendant company, the federal government and states of Ohio and Illinois did not bar all of the plaintiffs' claims (Glenn Graff, et al. v Haverhill North Coke Company, et al., No. 09-cv-670, S.D. Ohio; 2015 U.S. Dist. LEXIS 77756).

Mealey's Insurance - Illinois Appeals Panel Says Appeal Is Moot, Stay Will Be Lifted By Trial Court

CHICAGO - The First District Illinois Appellate Court on June 12 refused to rule on an appeal regarding a motion to intervene because the trial court stayed the suit until a similar suit was decided and did not have the opportunity to rule on the motion to intervene filed by an underlying plaintiff seeking damages for injuries arising out of the exposure to various chemicals at the insured's facilities (Motorola Solutions Inc. v. Continental Casualty Co., et al., Nos. 1-13-1724, 1-13-1725, Ill. App., 1st Dist., 5th Div.; 2015 Ill. App. Unpub. LEXIS 1296).

Mealey's IP/Tech - 7th Circuit Affirms: Use Of 'Inhibitor' On Label Was Fair Use

CHICAGO - An Illinois federal judge properly granted WD-40 Co. a summary judgment of trademark noninfringement because use of the word "inhibitor" on the label of its product was fair, the Seventh Circuit U.S. Court of Appeals affirmed June 11 (Jeffrey Sorensen v. WD-40 Company, No, 14-3067, 7th Cir.; 2015 U.S. App. LEXIS 9818).

Mealey's PI/Product Liability - Alleged Childhood Exposures Save Asbestos Door-Core Claims, Judge Says

MADISON, Wis. - Plaintiffs' claims of childhood exposure to asbestos from door cores on their parents' clothing push the "plausibility boundary" but may proceed, a federal judge in Wisconsin held in granting reconsideration on June 2 (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-286, Richard Masephol v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-186, W.D. Wis.; 2015 U.S. Dist. LEXIS 71243).

Mealey's PI/Product Liability - Federal Judge Largely Allows Nuisance Claims In Community Asbestos Exposure Case

MADISON, Wis. - Plaintiffs alleging asbestos exposure from a nearby plant may not establish the standard of care by referencing Clean Air Act (CAA) regulations, but otherwise may pursue nuisance claims under Wisconsin law, a federal judge held June 2 (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-286, Richard Masephol v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-186, Janet Pecher, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-147, Virginia Prust, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-143, Roger Seehafer and Janice Seehafer v. Weyerhaeuser Co. and Owens-Illinois Inc., No. 14-161, Wesley Sydow and Theresa Sydow v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-219, W.D. Wis.; 2015 U.S. Dist. LEXIS 70899).

Mealey's PI/Product Liability - Former Hockey Player Sues NHL In Illinois Court Over Brain Injuries

CHICAGO - Former professional hockey player Steven Ludzik filed suit in federal court on June 1, alleging that the National Hockey League violated its duty to properly evaluate, monitor and treat brain trauma he suffered during practices and games during his eight-year career, causing him to develop Parkinson's disease (Steven Ludzik v. National Hockey League, et al., No. 15-4816, N.D. Ill.).

Mealey's Toxic Tort/Environmental - Alleged Childhood Exposures Save Asbestos Door-Core Claims, Judge Says

MADISON, Wis. - Plaintiffs' claims of childhood exposure to asbestos from door cores on their parents' clothing push the "plausibility boundary" but may proceed, a federal judge in Wisconsin held in granting reconsideration on June 2 (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-286, Richard Masephol v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-186, W.D. Wis.; 2015 U.S. Dist. LEXIS 71243).

Mealey's Toxic Tort/Environmental - Federal Judge Largely Allows Nuisance Claims In Community Asbestos Exposure Case

MADISON, Wis. - Plaintiffs alleging asbestos exposure from a nearby plant may not establish the standard of care by referencing Clean Air Act (CAA) regulations, but otherwise may pursue nuisance claims under Wisconsin law, a federal judge held June 2 (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-286, Richard Masephol v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-186, Janet Pecher, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-147, Virginia Prust, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-143, Roger Seehafer and Janice Seehafer v. Weyerhaeuser Co. and Owens-Illinois Inc., No. 14-161, Wesley Sydow and Theresa Sydow v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-219, W.D. Wis.; 2015 U.S. Dist. LEXIS 70899).

Mealey's PI/Product Liability - Judge Finds Failure To Disclose Previous Diagnosis, Action, Dismisses Case

CHICAGO - Failure to disclose a medical diagnosis the previously dismissed case in which it was filed warrants dismissing a subsequent case, a federal judge held in an opinion filed June 1. The judge gave the plaintiff's law firm 10 days to cause why they should not bear costs (Georgia Arendt, et al. v. Owens-Illinois Inc., No. 13-727, E.D. Wis.).

Mealey's Toxic Tort/Environmental - Judge Finds Failure To Disclose Previous Diagnosis, Action, Dismisses Case

CHICAGO - Failure to disclose a medical diagnosis the previously dismissed case in which it was filed warrants dismissing a subsequent case, a federal judge held in an opinion filed June 1. The judge gave the plaintiff's law firm 10 days to cause why they should not bear costs (Georgia Arendt, et al. v. Owens-Illinois Inc., No. 13-727, E.D. Wis.).

Mealey's Insurance - Illinois Appeals Panel Finds Settlement Releases Are Ambiguous

CHICAGO - The First District Illinois Appellate Court on May 29 determined that settlement releases between an insured and its insurers were ambiguous and did not specifically include underlying claims alleging injuries arising out of the exposure to various chemicals at the insured's facilities (Motorola Solutions Inc. v. Zurich Insurance Co. et al., Nos. 1-13-1529, 1-13-1530, Ill. App., 1st Dist., 5th Div.; 2015 Ill. App. LEXIS 415).

Mealey's IP/Tech - Jurisdiction Lacking In Copyright, Lanham Act Case, Federal Judge Says

CHICAGO - An Illinois federal judge on May 29 granted without prejudice a motion to dismiss a copyright infringement and federal unfair competition lawsuit for lack of personal jurisdiction (Appjigger GmbH v. BLU Products Inc. et al., No. 14-9650, N.D. Ill.; 2015 U.S. Dist. LEXIS 69477).

Mealey's PI/Product Liability - Some Testimony Admissible, Some Not Timely In Lexapro Suicide Suit, Judge Rules

CHICAGO - While one causation expert cannot offer an opinion on labeling for the antidepressant drug Lexapro in a wrongful death action filed by the father of a man who committed suicide after taking the drug because the expert's report was untimely, another causation expert can testify that Lexapro probably caused the son to kill himself because the expert is reliable and used sound methodology, an Illinois federal judge ruled May 26 (Mahasukh K. Shah v. Forest Laboratories, Inc., et al., No. 10-8163, N.D. Ill.; 2015 U.S. Dist. LEXIS 67554).

Mealey's Labor & Employment - Chicago Teachers, Union Granted Class Certification In Biased Layoffs Suit

CHICAGO - An Illinois federal judge on May 22 certified a class of Chicago teachers alleging that mass layoffs in 2011 disproportionately affected black educators (Chicago Teachers Union, et al. v. Board of Education of the City of Chicago, No. 12-10338, N.D. Ill.; 2015 U.S. Dist. LEXIS 66960).

Mealey's Litigation Procedure - Some Testimony Admissible, Some Not Timely In Lexapro Suicide Suit, Judge Rules

CHICAGO - While one causation expert cannot offer an opinion on labeling for the antidepressant drug Lexapro in a wrongful death action filed by the father of a man who committed suicide after taking the drug because the expert's report was untimely, another causation expert can testify that Lexapro probably caused the son to kill himself because the expert is reliable and used sound methodology, an Illinois federal judge ruled May 26 (Mahasukh K. Shah v. Forest Laboratories, Inc., et al., No. 10-8163, N.D. Ill.; 2015 U.S. Dist. LEXIS 67554).

Mealey's Litigation Procedure - Chicago Teachers, Union Granted Class Certification In Biased Layoffs Suit

CHICAGO - An Illinois federal judge on May 22 certified a class of Chicago teachers alleging that mass layoffs in 2011 disproportionately affected black educators (Chicago Teachers Union, et al. v. Board of Education of the City of Chicago, No. 12-10338, N.D. Ill.; 2015 U.S. Dist. LEXIS 66960).

Mealey's Litigation Procedure - U.S. Airways' Defenses Partially Struck In Class Suit Over Delay

CHICAGO - An Illinois federal judge on May 21 partially struck an airline's affirmative defenses in a class complaint alleging damages caused by delay and cancellation of a domestic flight (Aleksey Bernfeld, et al. v. U.S. Airways Inc., No. 14-5573, N.D. Ill.; 2015 U.S. Dist. LEXIS 66677).

Mealey's Litigation Procedure - Illinois Magistrate Judge Allows Whiskey Labeling Claims Alleging Fraud To Proceed

CHICAGO - An Illinois federal magistrate judge on May 18 partially dismissed a class suit accusing the marketers of a craft whiskey of falsely advertising how the whiskey is made and allowed the plaintiffs to proceed with two claims only as they relate to allegedly fraudulent statements made online and on the product labels (Mario Aliano, et al. v. WhistlePig, LLC, et al., No. 14-10148, N.D. Ill.; 2015 U.S. Dist. LEXIS 64401).

Mealey's Labor & Employment - Judge: Coverage Barred By Unpaid Compensation, Breach Of Contract Exclusions

CHICAGO - An Illinois federal judge on May 18 found that an insurer has no duty to defend its interstate motor carrier insured against an underlying suit brought by one of its independent truck drivers because the directors and officers and company coverage is barred by the policy's unpaid compensation and breach of contract exclusions (Altom Transport Inc. v. Westchester Fire Ins., et al., No. 14-cv-9547, N.D. Ill., Eastern Div.; 2015 U.S. Dist. LEXIS 64397).

Mealey's Insurance - Judge: Coverage Barred By Unpaid Compensation, Breach Of Contract Exclusions

CHICAGO - An Illinois federal judge on May 18 found that an insurer has no duty to defend its interstate motor carrier insured against an underlying suit brought by one of its independent truck drivers because the directors and officers and company coverage is barred by the policy's unpaid compensation and breach of contract exclusions (Altom Transport Inc. v. Westchester Fire Ins., et al., No. 14-cv-9547, N.D. Ill., Eastern Div.; 2015 U.S. Dist. LEXIS 64397).

Mealey's Insurance - Insurer Had A Duty To Defend Claims Of Faulty Work, Appeals Panel Says

CHICAGO - A commercial general liability insurer had a duty to defend allegations of defects in design and workmanship in a residential condominium and townhome development, an Illinois appeals panel affirmed May 15, finding that the duty was triggered because some of the allegations potentially fell within the coverage of the insurer's policy (West Bend Mutual Insurance Co. v. Pulte Home Corp., et al., No. 1-14-0355, Ill. App., 1st Dist., 6th Div.; 2015 Ill. App. Unpub. LEXIS 1039).