LexisNexis® Legal Newsroom
Mealey's IP/Tech - Illinois Federal Judge Denies Dismissal Of Copyright Claims

CHICAGO - Although granting one defendant's motion to dismiss allegations of professional negligence as preempted by the Copyright Act, 17 U.S.C. 301(a), an Illinois federal judge on Aug. 21 denied another defendant's request for dismissal of contributory and vicarious infringement claims (UIRC-GSA Holdings Inc. v. William Blair & Company, et al., No. 15-9518, N.D. Ill., 2017 U.S. Dist. LEXIS 133287).

Mealey's Bankruptcy - Jurisdiction Plainly Lacking For Crane's RICO Claims, Law Firm Tells 7th Circuit

CHICAGO - A federal court in Illinois correctly dismissed fraud and racketeering claims leveled by frequent asbestos defendant John Crane Inc. (JCI) against two law firms and their principals for lack of jurisdiction because the asbestos cases giving rise to the claims did not occur in Illinois, one of the firms argues in an Aug. 16 brief to the Seventh Circuit U.S. Court of Appeals (John Crane Inc. v. Shein Law Center Ltd., et al., Nos. 17-1809 and 17-1926, John Crane Inc. v. Simon Greenstone Panatier Bartlett, et al., No. 17-1814, 7th Cir.).

Mealey's Labor & Employment - 7th Circuit Panel Affirms Woman's Illinois State Law Claims Preempted By ERISA

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Aug. 10 affirmed that a woman's Illinois state law wage claim is completely preempted by the Employee Retirement Income Security Act because she could have brought her claim under ERISA and because her claims did not implicate a legal duty independent of ERISA (Heather Studer v. Katherine Shaw Bethea Hospital, No. 16-3728, 7th Cir., 2017 U.S. App. LEXIS 14800).

Mealey's Labor & Employment - Walgreens, CVS Hit With Class Suits Alleging Generic Drug Overpricing

CHICAGO - Two groups of consumers, both represented by Hagens Berman, filed two separate class complaints, one in the U.S. District Court for the District of Rhode Island on Aug. 7 and the second in the U.S. District Court for the Northern District of Illinois on Aug. 9, accusing CVS Health Corp. and Walgreens Boots Alliance Inc., respectively, of fraudulently driving up the cost of generic drugs (Megan Schultz, et al. v. CVS Health Corporation, No. 17-359, D. R.I., David Grabstald, et al. v. Walgreens Boots Alliance, Inc., No. 17-5789, N.D. Ill.).

Mealey's Antitrust/Unfair Competition - Walgreens, CVS Hit With Class Suits Alleging Generic Drug Overpricing

CHICAGO - Two groups of consumers, both represented by Hagens Berman, filed two separate class complaints, one in the U.S. District Court for the District of Rhode Island on Aug. 7 and the second in the U.S. District Court for the Northern District of Illinois on Aug. 9, accusing CVS Health Corp. and Walgreens Boots Alliance Inc., respectively, of fraudulently driving up the cost of generic drugs (Megan Schultz, et al. v. CVS Health Corporation, No. 17-359, D. R.I., David Grabstald, et al. v. Walgreens Boots Alliance, Inc., No. 17-5789, N.D. Ill.).

Mealey's Litigation Procedure - Walgreens, CVS Hit With Class Suits Alleging Generic Drug Overpricing

CHICAGO - Two groups of consumers, both represented by Hagens Berman, filed two separate class complaints, one in the U.S. District Court for the District of Rhode Island on Aug. 7 and the second in the U.S. District Court for the Northern District of Illinois on Aug. 9, accusing CVS Health Corp. and Walgreens Boots Alliance Inc., respectively, of fraudulently driving up the cost of generic drugs (Megan Schultz, et al. v. CVS Health Corporation, No. 17-359, D. R.I., David Grabstald, et al. v. Walgreens Boots Alliance, Inc., No. 17-5789, N.D. Ill.).

Mealey's Health Law - Podiatry Firm, Owner Get Fraudulent Billing, Spoliation Claims Dismissed

CHICAGO - A federal judge in Illinois on Aug. 7 granted a motion for summary judgment filed by a podiatry firm and its owner that are accused by a former employee of violating the Illinois Insurance Claims Fraud Protection Act (IICFPA) and illegally destroying medical records, finding that there was not enough evidence to show that the procedures the firm billed to Medicare were not medically necessary and that the defendants were not aware of the lawsuit at the time the records were shredded (James Youn, M.D. v. Keith D. Sklar, et al., No. 10 CV 5583, N.D. Ill., 2017 U.S. Dist. LEXIS 124394).

Mealey's Insurance - Podiatry Firm, Owner Get Fraudulent Billing, Spoliation Claims Dismissed

CHICAGO - A federal judge in Illinois on Aug. 7 granted a motion for summary judgment filed by a podiatry firm and its owner that are accused by a former employee of violating the Illinois Insurance Claims Fraud Protection Act (IICFPA) and illegally destroying medical records, finding that there was not enough evidence to show that the procedures the firm billed to Medicare were not medically necessary and that the defendants were not aware of the lawsuit at the time the records were shredded (James Youn, M.D. v. Keith D. Sklar, et al., No. 10 CV 5583, N.D. Ill., 2017 U.S. Dist. LEXIS 124394).

Mealey's IP/Tech - Dismissal Denied For Tobacco Product Distributor In Trademark Infringement Suit

CHICAGO - A federal judge in Illinois on Aug. 7 denied a motion to dismiss brought by a counterdefendant in a tobacco product trademark infringement suit after finding that the court had jurisdiction over the counterclaims because the counterdefendant, which is based in California, has done business in Illinois (Republic Technologies, et al. v. BBK Tobacco & Foods, No. 16-CV-3401, N.D. Ill., 2017 U.S. Dist. LEXIS 124673).

Mealey's Toxic Tort/Environmental - Dismissal Denied For Tobacco Product Distributor In Trademark Infringement Suit

CHICAGO - A federal judge in Illinois on Aug. 7 denied a motion to dismiss brought by a counterdefendant in a tobacco product trademark infringement suit after finding that the court had jurisdiction over the counterclaims because the counterdefendant, which is based in California, has done business in Illinois (Republic Technologies, et al. v. BBK Tobacco & Foods, No. 16-CV-3401, N.D. Ill., 2017 U.S. Dist. LEXIS 124673).

Mealey's Insurance - Panel: Assignee's Breach Of Contract Suit Against Reinsurer Is Untimely

CHICAGO - A breach of contract lawsuit filed by an assignee of certain reinsurance receivables rights from an insolvent insurer was untimely, the Seventh Circuit U.S. Court of Appeals affirmed Aug. 7, finding that 215 Illinois Insurance Code Statute 5/206, 215 ILCS 5/206, does not provide that a liquidator may wait until the end to net the debits and credits (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 16-3499, 7th Cir., 2017 U.S. App. LEXIS 14492).

Mealey's Insurance - Oakfabco Insurer To Pay $4.5 Million To Trust After Battle With Asbestos Claimants

CHICAGO - An Illinois federal bankruptcy judge on Aug. 4 approved a $4.5 million asbestos insurance coverage dispute settlement between Chapter 11 debtor Oakfabco Inc. and one of its insurers over objections by asbestos claimants' representatives, after the insurer added $1 million to the deal (In re: Oakfabco, Inc., No. 15-27062, N.D. Ill. Bkcy., 2017 Bankr. LEXIS 2201).

Mealey's Bankruptcy - Oakfabco Insurer To Pay $4.5 Million To Trust After Battle With Asbestos Claimants

CHICAGO - An Illinois federal bankruptcy judge on Aug. 4 approved a $4.5 million asbestos insurance coverage dispute settlement between Chapter 11 debtor Oakfabco Inc. and one of its insurers over objections by asbestos claimants' representatives, after the insurer added $1 million to the deal (In re: Oakfabco, Inc., No. 15-27062, N.D. Ill. Bkcy., 2017 Bankr. LEXIS 2201).

Mealey's PI/Product Liability - Judge Ignores Bristol-Myers, Remands Multiplaintiff Essure Case To State Court

EAST ST. LOUIS, Ill. - An Illinois federal judge on Aug. 4 refused to consider rulings based on a recent U.S. Supreme Court jurisdiction decision and remanded an Essure birth control device case consisting of 86 plaintiffs to Illinois state court (Nichole Hamby, et al. v. Bayer Corp., et al., No. 17-17, S.D. Ill., 2017 U.S. Dist. LEXIS 123425).

Mealey's PI/Product Liability - Insys Sets Aside $4.5M For Settlement Of Illinois' Opioid Off-Label Lawsuit

PHOENIX - Insys Therapeutics Inc. on Aug. 3 announced that it has taken a $4.5 million charge for a potential settlement of Illinois' consumer fraud lawsuit over the drug company's alleged off-label promotion of the fentanyl-based opioid Subsys.

Mealey's Insurance - Panel: Wrongful Conviction Suit Did Not Trigger Law Enforcement Liability Coverage

ELGIN, Ill. - An Illinois appeals panel on Aug. 1 affirmed a lower court's ruling that there is no coverage under primary and excess law enforcement liability insurance policies for an underlying wrongful conviction lawsuit that resulted in a $20 million settlement against the city of Waukegan, Ill., and its police officers (St. Paul Fire and Marine Insurance Co., et al. v. The City of Waukegan, et al., No. 2-16-0381, Ill. App., 2nd Dist., 2017 Ill. App. LEXIS 499).

Mealey's Insurance - Plan Must Consider How Carpal Tunnel Affects Ability To Perform Own Occupation

CHICAGO - An Illinois federal judge on July 31 vacated and remanded a disability plan's denial of a long-term disability benefits claim after determining that the plan failed to consider how the claimant's carpal tunnel syndrome would affect her ability to perform the duties of her own occupation (Jodi Suson v. The PNC Financial Services Group Inc. and Affiliates Long Term Disability Plan, et al., No. 15-10817, N.D. Ill., 2017 U.S. Dist. LEXIS 119473).

Mealey's Labor & Employment - Dollar General Defends Deposition Of EEOC In Background Check Suit

CHICAGO - The operator of the Dollar General retail chain on July 28 told an Illinois federal court that its requested deposition of the Equal Employment Opportunity Commission is necessary to learn the factual basis for the commission's discrimination claim over the chain's use of employee background checks, asking the court to deny the EEOC's motion for a protective order (Equal Employment Opportunity Commission v. Dolgencorp LLC, No. 1:13-cv-04307, N.D. Ill.).

Mealey's Litigation Procedure - Dollar General Defends Deposition Of EEOC In Background Check Suit

CHICAGO - The operator of the Dollar General retail chain on July 28 told an Illinois federal court that its requested deposition of the Equal Employment Opportunity Commission is necessary to learn the factual basis for the commission's discrimination claim over the chain's use of employee background checks, asking the court to deny the EEOC's motion for a protective order (Equal Employment Opportunity Commission v. Dolgencorp LLC, No. 1:13-cv-04307, N.D. Ill.).

Mealey's Litigation Procedure - Police Expert's False Confession Opinions Barred In Wrongful Conviction Case

CHICAGO - An expert in police practices for a woman suing Chicago police after being wrongly convicted of murdering her young son cannot testify at trial about coercive interrogations and false confessions because he is not qualified to offer such testimony, an Illinois federal judge ruled July 27 (Nicole Harris v. City of Chicago, et al., No. 14-4391, N.D. Ill., 2017 U.S. Dist. LEXIS 117613).

Mealey's PI/Product Liability - Illinois Court Leaves Stay In Place While Parties Wage Asbestos Discovery Battle

SPRINGFIELD, Ill. - Nothing in the record suggests that a company's appeal of a ruling ordering it to produce index cards it claims contain trade secrets is a frivolous one or that the move is simply a ploy designed to delay trial, an Illinois appeals court held July 26 (Larry Salvatore Sr., et al. v. Cleaver-Brooks, et al., No. 4-17-0244, Ill. App., 4th Dist.).

Mealey's Litigation Procedure - Illinois Court Leaves Stay In Place While Parties Wage Asbestos Discovery Battle

SPRINGFIELD, Ill. - Nothing in the record suggests that a company's appeal of a ruling ordering it to produce index cards it claims contain trade secrets is a frivolous one or that the move is simply a ploy designed to delay trial, an Illinois appeals court held July 26 (Larry Salvatore Sr., et al. v. Cleaver-Brooks, et al., No. 4-17-0244, Ill. App., 4th Dist.).

Mealey's Toxic Tort/Environmental - Illinois Court Leaves Stay In Place While Parties Wage Asbestos Discovery Battle

SPRINGFIELD, Ill. - Nothing in the record suggests that a company's appeal of a ruling ordering it to produce index cards it claims contain trade secrets is a frivolous one or that the move is simply a ploy designed to delay trial, an Illinois appeals court held July 26 (Larry Salvatore Sr., et al. v. Cleaver-Brooks, et al., No. 4-17-0244, Ill. App., 4th Dist., 2017 Ill. App. Unpub. LEXIS 1539).

Mealey's PI/Product Liability - $150M In Punitives Awarded For Misrepresentation In 1st AndroGel MDL Bellwether

CHICAGO - An Illinois federal jury on July 24 found that AbbVie Inc. is not liable to an AndroGel plaintiff for his heart attack but said that the defendant fraudulently misrepresented the testosterone replacement therapy drug and awarded the plaintiff $150 million in punitive damages in the first multidistrict litigation verdict (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, Jesse Mitchell, et al. v. AbbVie, Inc., et al., No. 14-9178, N.D. Ill.).

Mealey's PI/Product Liability - Couple Sues Doctor, Practice Over Negligence During Surgery

CHICAGO - A woman and her husband filed a medical negligence suit against a doctor and the practice he worked for in Illinois federal court on July 17, claiming that the doctor was negligent because he breached the standard of care during surgery (Alivia L. Greenfield, et al. v. The Monroe Clinic, Inc., et al., No. 3:17-cv-50206, W.D. Ill.).