LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Illinois Federal District Court Sets Boeing Excessive-Fee Case For Trial

EAST ST. LOUIS, Ill. - Participants in Boeing Co.'s 401(k) plan may continue with the majority of their claims related to excessive fees, a federal judge in Illinois ruled Dec. 30 in denying Boeing's motion for summary judgment on the merits and in denying in part Boeing's motion for summary judgment based on the Employee Retirement Income Security Act's six-year statute of limitations (Gary Spano, et al. v. The Boeing Company, et al., No. 06-743, S.D. Ill.).

Mealey's Insurance - Panel: Receiver's Suit Against Firm Did Not Trigger Professional Liability Coverage

CHICAGO - Even if a complaint brought by the Federal Deposit Insurance Corp. against a law firm did allege a "negligent act, error, or omission," the purported act did not stem from the law firm's rendering of, or failure to render, "professional services" under a professional liability insurance policy, an Illinois appeals panel held Dec. 29, affirming a lower court's ruling in favor of the insurer (Illinois State Bar Association Mutual Insurance Co. v. The Coleman Law Firm, No. 1-13-3518, Ill. App., 1st Dist., 1st Div.; 2014 Ill. App. Unpub. LEXIS 2936).

Mealey's Insurance - Judge Dismisses Insurer's Coverage Action Over Roofing Repair Claims

EAST ST. LOUIS, Ill. - An Illinois federal judge on Jan. 6 dismissed an insurer's coverage action seeking a declaratory judgment regarding settlement of a contractor's claim for payment for repairs to roofs with an insured school district (Selective Insurance Company of America v. D7 Roofing LLC, et al. and D7 Roofing LLC v. Selective Insurance Company of America No. 14-635, S.D. Ill.; 2015 U.S. Dist. LEXIS 917).

Mealey's IP/Tech - Illinois Federal Judge Grants Partial Summary Judgment In Patent Case

CHICAGO - Citing a plaintiff's failure to demonstrate that defendants Samsung Electronics Co. Ltd. and HTC Corp. performed a claimed method within the United States, an Illinois federal judge on Jan. 6 granted a summary judgment of noninfringement with regard to direct infringement (Cascades Computer Innovation LLC v. Samsung Electronics Co. Ltd., et al., No. 11-4574, N.D. Ill.).

Mealey's Litigation Procedure - Class Certification Denied In Municipalities' Suit Over Hotel Room Taxes

CHICAGO - An Illinois federal judge on Jan. 6 declined to certify a class of municipalities suing a number of online travel companies for unpaid taxes, finding that Federal Rules of Civil Procedure (FRCP) 23(b)(1)(A) and 23(b)(3) have not been satisfied (Village of Bedford Park, et al. v. Expedia, Inc. [WA], et al., No. 13-5633, N.D. Ill.; 2015 U.S. Dist. LEXIS 1012).

Mealey's Labor & Employment - Illinois Federal District Court Sets Boeing Excessive- Fee Case For Trial

EAST ST. LOUIS, Ill. - Participants in Boeing Co.'s 401(k) plan may continue with the majority of their claims related to excessive fees, a federal judge in Illinois ruled Dec. 30 in denying Boeing's motion for summary judgment on the merits and in denying in part Boeing's motion for summary judgment based on the Employee Retirement Income Security Act's six-year statute of limitations (Gary Spano, et al. v. The Boeing Company, et al., No. 06-743, S.D. Ill.).

Mealey's Litigation Procedure - Federal Judge Remands Foreclosure Dispute Over Proceeds To State Court

CHICAGO - After finding that an oil equipment company waived its right to remove a dispute over proceeds related to underlying investment and arbitration agreements, an Illinois federal judge on Dec. 31 remanded the case to state court (S&T Oil Equipment & Machinery Ltd., et al. v. Juridica Investments Limited, et al., No. 14-9135, N.D. Ill.; 2014 U.S. Dist. LEXIS 178758).

Mealey's Insurance - Malicious Prosecution Claim Does Not Trigger Coverage, Illinois Panel Affirms

ELGIN, Ill. - An Illinois appeals panel on Dec. 29 affirmed a lower court's ruling that a wrongfully convicted man's malicious prosecution claim against an Illinois city and its police officers fails to trigger coverage under the city's law enforcement liability insurance policies (Indian Harbor Insurance Co. v. City of Waukegan, et al., Nos. 2-14-0293, 2-14-0315, Ill. App., 2nd Dist.; 2014 Ill. App. Unpub. LEXIS 2965).

Mealey's PI/Product Liability - Illinois Appeals Court Affirms Summary Judgment In Truck-Loading Injury Suit

CHICAGO - A lack of evidence as to how a truck driver was injured while picking up a load of freight justifies the entry of summary judgment in his negligence and premises liability suit against a shipping company, the First District Illinois Appellate Court ruled Dec. 30 (Himzo Rahic v. Satellite Air-Land Motor Service Inc., No. 1-13-2899, Ill. App., 1st Dist.).

Mealey's Toxic Tort/Environmental - 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 PI/Product Liability - 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 - 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).