LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge In Asbestos Exposure Case Declines To Permit 'Any Exposure' Expert Testimony

CHICAGO - An Illinois federal judge on Dec. 22 ruled that expert testimony under the "any exposure" causation theory for asbestos exposure was unsupported by case law and not sufficiently reliable to establish specific causation related to the plaintiff's injury and his negligence claims, granting in part several defendants' motions to exclude (Charles Krik v. Crane Co.; ExxonMobil Oil Corp.; Owens-Illinois Inc.; and The Marley-Wylain Co., No. 1:10-cv-70435, N.D. Ill.; 2014 U.S. Dist. LEXIS 175983).

Mealey's Litigation Procedure - Lawsuit Over 401(k) Fees, Investments Settles On Eve Of Trial

EAST ST. LOUIS, Ill. - Participants in two of Lockheed Martin Corp.'s 401(k) plans reached a provisional settlement on their claims 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), a Dec. 16 notice issued by the U.S. District Court for the Southern District of Illinois indicated (Anthony Abbott, et al. v. Lockheed Martin Corp., et al., No. 06-cv-701, S.D. Ill.).

Mealey's Labor & Employment - Lawsuit Over 401(k) Fees, Investments Settles On Eve Of Trial

EAST ST. LOUIS, Ill. - Participants in two of Lockheed Martin Corp.'s 401(k) plans reached a provisional settlement on their claims 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), a Dec. 16 notice issued by the U.S. District Court for the Southern District of Illinois indicated (Anthony Abbott, et al. v. Lockheed Martin Corp., et al., No. 06-cv-701, S.D. Ill.).

Mealey's Insurance - Appeals Court Releases Publication Of Previously Unpublished Opinion

CHICAGO - An Illinois appeals court panel on Dec. 16 released a published version of an opinion previously released as an unpublished opinion in which it affirms a lower court decision that a reinsurer's certificates clearly provide a limit of coverage that includes both losses and expenses (Continental Casualty Co. v. MidStates Reinsurance Corp., No. 1-13-3090, Ill. App., 1st Dist., 2nd Div.).

Mealey's Litigation Procedure - Illinois Judge Sends NCAA Concussion Class Settlement Back For Revision

CHICAGO - The federal judge overseeing the National Collegiate Athletic Association (NCAA) concussion litigation on Dec. 17 rejected a $75 million settlement of the class action, expressing concerns about the adequacy of the fund and other details of the agreement (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).

Mealey's PI/Product Liability - Illinois Court Denies New Trial Despite Violation Of Evidence Order

SPRINGFIELD, Ill. - A woman's request for a new trial fails because she made a tactical decision to forgo such relief after a defendant violated an evidence order, an Illinois appeals court held Dec. 16 (Carol Holloway v. Sprinkmann Sons Corp. of Illinois, No. 4-13-1118, Ill. App., 4th Dist.).

Mealey's Litigation Procedure - Illinois Court Denies New Trial Despite Violation Of Evidence Order

SPRINGFIELD, Ill. - A woman's request for a new trial fails because she made a tactical decision to forgo such relief after a defendant violated an evidence order, an Illinois appeals court held Dec. 16 (Carol Holloway v. Sprinkmann Sons Corp. of Illinois, No. 4-13-1118, Ill. App., 4th Dist.).

Mealey's Labor & Employment - Illinois Court Denies New Trial Despite Violation Of Evidence Order

SPRINGFIELD, Ill. - A woman's request for a new trial fails because she made a tactical decision to forgo such relief after a defendant violated an evidence order, an Illinois appeals court held Dec. 16 (Carol Holloway v. Sprinkmann Sons Corp. of Illinois, No. 4-13-1118, Ill. App., 4th Dist.).

Mealey's Toxic Tort/Environmental - Illinois Court Denies New Trial Despite Violation Of Evidence Order

SPRINGFIELD, Ill. - A woman's request for a new trial fails because she made a tactical decision to forgo such relief after a defendant violated an evidence order, an Illinois appeals court held Dec. 16 (Carol Holloway v. Sprinkmann Sons Corp. of Illinois, No. 4-13-1118, Ill. App., 4th Dist.).

Mealey's PI/Product Liability - Illinois Judge Sends NCAA Concussion Class Settlement Back For Revision

CHICAGO - The federal judge overseeing the National Collegiate Athletic Association (NCAA) concussion litigation on Dec. 17 rejected a $75 million settlement of the class action, expressing concerns about the adequacy of the fund and other details of the agreement (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).

Mealey's Litigation Procedure - NCAA Class Representatives Seek To Add Athletes In Noncontact College Sports

CHICAGO - Class representatives in the National Collegiate Athletic Association (NCAA) concussion litigation in the U.S. District Court for the Northern District of Illinois on Dec. 16 renewed their motion to add athletes in noncontact sports as representatives of the settlement class (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).

Mealey's Labor & Employment - Class Certification Granted In Tip Pool Complaint Filed Against Steakhouse

CHICAGO - An Illinois federal judge on Dec. 15 certified a class of steakhouse workers alleging that their employer improperly administered its tip pool but denied the workers' partial motion for summary judgment, finding that a reasonable juror could determine that the operation of the tip pool was proper (Amy Starr, et al. v. Chicago Cut Steakhouse, LLC, No. 12-4416, N.D. Ill.; 2014 U.S. Dist. LEXIS 172645).

Mealey's PI/Product Liability - Judge Won't Disqualify Chicago's Lawyer In Purdue Pharma Suit

CHICAGO - An Illinois federal judge on Dec. 15 denied a motion by Purdue Pharma L.P. to disqualify a lawyer and her law firm from representing Chicago in the city's lawsuit against the drug company for its marketing of opioids (City of Chicago v. Purdue Pharma L.P., et al., No. 14-4361, N.D. Ill., Eastern Div.; 2014 U.S. Dist. LEXIS 172975).

Mealey's Litigation Procedure - Class Certification Granted In Tip Pool Complaint Filed Against Steakhouse

CHICAGO - An Illinois federal judge on Dec. 15 certified a class of steakhouse workers alleging that their employer improperly administered its tip pool but denied the workers' partial motion for summary judgment, finding that a reasonable juror could determine that the operation of the tip pool was proper (Amy Starr, et al. v. Chicago Cut Steakhouse, LLC, No. 12-4416, N.D. Ill.; 2014 U.S. Dist. LEXIS 172645).

Mealey's PI/Product Liability - NCAA Class Representatives Seek To Add Athletes In Noncontact College Sports

CHICAGO - Class representatives in the National Collegiate Athletic Association (NCAA) concussion litigation in the U.S. District Court for the Northern District of Illinois on Dec. 16 renewed their motion to add athletes in noncontact sports as representatives of the settlement class (In re National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, Master Docket No. 1:13-cv-09116, N.D. Ill.).

Mealey's PI/Product Liability - Ky. Court Finds Dismissals With Prejudice Proper, But Limited To Moving Parties

LOUISVILLE, Ky. - A judge had both authority and grounds to grant dismissals with prejudice, but the dismissals apply only to the three moving defendants and do not reach other defendants in an asbestos case, the Kentucky appeals court held Dec. 12 (James W. Fuqua and Sandra L. Fuqua v. Flour-Daniel Illinois Inc., et al., No. 2012-CA-002179-MR, Ky. App.; 2014 Ky. App. Unpub. LEXIS 953).

Mealey's PI/Product Liability - Testosterone MDL Judge Names Liaison Counsel For Cases In 3 State Courts

CHICAGO - The Illinois federal judge overseeing the testosterone multidistrict litigation on Dec. 13 ordered appointment of plaintiff attorneys to serve as liaisons with state courts presiding over similar lawsuits (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div.).

Mealey's Toxic Tort/Environmental - Ky. Court Finds Dismissals With Prejudice Proper, But Limited To Moving Parties

LOUISVILLE, Ky. - A judge had both authority and grounds to grant dismissals with prejudice, but the dismissals apply only to the three moving defendants and do not reach other defendants in an asbestos case, the Kentucky appeals court held Dec. 12 (James W. Fuqua and Sandra L. Fuqua v. Flour-Daniel Illinois Inc., et al., No. 2012-CA-002179-MR, Ky. App.; 2014 Ky. App. Unpub. LEXIS 953).

Mealey's PI/Product Liability - JPMDL Centralizes Suits Over Fluidmaster's Water Connectors In Illinois

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Dec. 11 centralized lawsuits claiming that Fluidmaster Inc.'s NO-BURST water connectors are defective because they prematurely burst; the cases are centralized before U.S. Judge Robert M. Dow Jr. of the Northern District of Illinois (In re: Fluidmaster Inc. Products Liability Litigation, MDL No. 2575, JPMDL).

Mealey's IP/Tech - Illinois Federal Judge: Patent Case Qualifies As Exceptional

CHICAGO - Although denying a request by declaratory judgment patent plaintiff Chicago Board Options Exchange Inc. (CBOE) for reimbursement of fees it incurred with various expert witnesses, an Illinois federal judge on Dec. 10 awarded CBOE its attorney fees after finding that the dispute over CBOE's screen-based trading system "CBOEdirect" became "exceptional" following a May 2012 ruling by the Federal Circuit U.S. Court of Appeals (Chicago Board Options Exchange Inc. v. International Securities Exchange LLC, No. 07-623, N.D. Ill.; 2014 U.S. Dist. LEXIS 170651).

Mealey's IP/Tech - Federal Circuit Affirms Summary Judgment In Patent Litigation

WASHINGTON, D.C. - An Illinois federal judge did not err in granting patent defendants Motorola Solutions Inc. and Motorola Mobility Inc. (Motorola, collectively) summary judgment of noninfringement, the Federal Circuit U.S. Court of Appeals ruled Dec. 5 (Memorylink Corp. v. Motorola Solutions Inc., et al., No. 14-1186, Fed. Cir.).

Mealey's PI/Product Liability - Bill Eliminating Asbestos Statute Of Limitations Awaits Illinois Governor

SPRINGFIELD, Ill. - The Illinois Senate on a 38-to-16 vote on Dec. 3 passed House-approved legislation exempting asbestos from the 10-year limit on filing civil actions.

Mealey's Toxic Tort/Environmental - Bill Eliminating Asbestos Statute Of Repose Awaits Illinois Governor

SPRINGFIELD, Ill. - The Illinois Senate on a 38-to-16 vote on Dec. 3 passed House-approved legislation exempting asbestos from the 10-year limit on filing civil actions.

Mealey's Litigation Procedure - Former High School Athlete Sues Illinois State Athletic Group Over Concussions

CHICAGO - A former high school football player on Dec. 1 filed a class action complaint against the Illinois High School Association (IHSA) in Illinois state, alleging that the organization, which governs high school athletics in the state, has failed to adequately address the issue of concussions in football players (Daniel Bukal, et al. v. Illinois High School Association, No. 014-CH-19131, Ill. Cir., Cook Co., Chanc. Div.).

Mealey's PI/Product Liability - Former High School Athlete Sues Illinois State Athletic Group Over Concussions

CHICAGO - A former high school football player on Dec. 1 filed a class action complaint against the Illinois High School Association (IHSA) in Illinois state, alleging that the organization, which governs high school athletics in the state, has failed to adequately address the issue of concussions in football players (Daniel Bukal, et al. v. Illinois High School Association, No. 014-CH-19131, Ill. Cir., Cook Co., Chanc. Div.).