LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 7th Circuit: Prison Guard Fails To Prove Age, Gender And Race Bias Claims

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Oct. 28 upheld a summary judgment ruling in favor of an Illinois county sheriff in a bias suit finding the plaintiff, a prison guard, failed to establish even a prima facie case of discrimination or retaliation (Salvatore Ziccarelli v. Thomas J. Dart, Sheriff of Cook County, Illinois, et al., No. 13-3247, 7th Cir.; 2014 U.S. App. LEXIS 20812).

Mealey's Toxic Tort/Environmental - Judge Allows Asbestos Expert Castleman, Limits Testimony To State Of The Art

CHICAGO - Expert Barry Castleman may testify regarding asbestos state of the art, but he may not opine about specific asbestos defendants' knowledge, a federal judge in Illinois judge affirmed Oct. 28. A judge previously rejected William Longo's testimony and videotaped demonstrations as an insufficient fit for the case (Charles Krik v. Crane Co.; ExxonMobil Oil Corp.; Owens-Illinois Inc.; and The Marley-Wylain Co., No. 10-7435, N.D. Ill.).

Mealey's Banking & Finance - Federal Judge Finds TILA Claims Against Bank Are Time-Barred

CHICAGO - An Illinois federal judge on Oct. 27 granted a bank's motion to dismiss a property owner's complaint, finding that his claims for violation of the Truth in Lending Act (TILA) were time-barred and that his claims for discrimination were insufficient to survive dismissal (Miroslav Todorov v. Bank of America N.A., d/b/a Bank of America Home Loans, No. 14-cv-1028, N.D. Ill.; 2014 U.S. Dist. LEXIS 152039).

Mealey's Insurance - Judge: Insured Vs. Insured Exclusion Bars Directors And Officers Liability Coverage

CHICAGO - A directors and officers liability insurance policy's "insured versus insured" exclusion precludes coverage for a bank's breach of fiduciary lawsuit seeking more than $3 million from its former president, CEO and chairman, an Illinois federal judge ruled Oct. 28, granting the insurer's motion for summary judgment (Travelers Casualty And Surety Company of America v. Andrew Bernhardt, No. 14-CV-128, N.D. Ill., Eastern Div.; 2014 U.S. Dist. LEXIS 152416).

Mealey's Insurance - 10th Circuit: Exclusion Bars Insurance Coverage For Tainted Drinking Water

DENVER - A panel of the 10th Circuit U.S. Court of Appeals on Oct. 20 ruled that two insurance companies did not owe coverage to a company that was sued for contaminating drinking water with what is called "fly ash" during the construction of a golf course because a pollution exclusion in the policy barred coverage (Headwaters Resources Inc. v. Illinois Union Insurance Company, et al., No. 13-4035, 10th Cir.; 2014 U.S. App. LEXIS 20060).

Mealey's Health Law - Illinois Dermatologist Found Guilty Of Defrauding Medicare Of More Than $2.6M

CHICAGO - A jury in federal court in Illinois found a dermatologist guilty of submitting false claims for more than 800 patients resulting in $2.6 million in unnecessary payments from Medicare and other private health insurers (United States of America v. Robert Kolbusz, No. 12-cr-00782, N.D. Ill.).

Mealey's Toxic Tort/Environmental - 10th Circuit: Exclusion Bars Insurance Coverage For Tainted Drinking Water

DENVER - A panel of the 10th Circuit U.S. Court of Appeals on Oct. 20 ruled that two insurance companies did not owe coverage to a company that was sued for contaminating drinking water with what is called "fly ash" during the construction of a golf course because a pollution exclusion in the policy barred coverage (Headwaters Resources Inc. v. Illinois Union Insurance Company, et al., No. 13-4035, 10th Cir.; 2014 U.S. App. LEXIS 20060).

Mealey's Insurance - Illinois Dermatologist Found Guilty Of Defrauding Medicare Of More Than $2.6M

CHICAGO - A jury in federal court in Illinois found a dermatologist guilty of submitting false claims for more than 800 patients resulting in $2.6 million in unnecessary payments from Medicare and other private health insurers (United States of America v. Robert Kolbusz, No. 12-cr-00782, N.D. Ill.).

Mealey's Toxic Tort/Environmental - Illinois Court Affirms Damages Award For Purchasers Of Moldy Condo

CHICAGO - An Illinois appeals court on Oct. 15 affirmed a trial court's decision to award the purchasers of a condominium unit damages for leaks and mold, finding no error in the court's finding that the sellers of the property conspired to violate the Residential Real Property Disclosure Act (Disclosure Act) (Alleen Lattof, et al. v. Carol Serrani Anderson, et al., Nos. 1-13-2326 & 1-13-3170, Ill. App.; 1st Dist., Div. 3; 2014 Ill. App. Unpub. LEXIS 2312).

Mealey's Litigation Procedure - Judge Won't Block USA Today's Public Record Request For Presuit Subpoena Material

CHICAGO - An Illinois federal judge on Oct. 10 refused to stop USA Today from seeking subpoenaed documents produced by Janssen Pharmaceuticals Inc. and Cephalon Inc. because the requested information predated the filing of Chicago's opioid marketing lawsuit and is not subject to a subsequent court protective order (City of Chicago v. Purdue Pharma L.P., et al., No. 14-4361, N.D. Ill., Eastern Div.; 2014 U.S. Dist. LEXIS 146362).

Mealey's PI/Product Liability - Judge Won't Block USA Today's Public Record Request For Presuit Subpoena Material

CHICAGO - An Illinois federal judge on Oct. 10 refused to stop USA Today from seeking subpoenaed documents produced by Janssen Pharmaceuticals Inc. and Cephalon Inc. because the requested information predated the filing of Chicago's opioid marketing lawsuit and is not subject to a subsequent court protective order (City of Chicago v. Purdue Pharma L.P., et al., No. 14-4361, N.D. Ill., Eastern Div.; 2014 U.S. Dist. LEXIS 146362).

Mealey's Insurance - Insureds' Loss Caused By 'Earth Movement,' Subject To Limit, Magistrate Judge Says

CHICAGO - Insureds' loss resulted from naturally occurring "earth movement" within the meaning of a builders risk insurance policy and, thus, are subject to the $2.5 million limit, an Illinois federal magistrate judge ruled Oct. 6 (One Place Condominium LLC, et al. v. Travelers Property Casualty Company of America, No. 11-2520, N.D. Ill.; 2014 U.S. Dist. LEXIS 142025).

Mealey's IP/Tech - No Coverage For Claims That Insured Stole Motorola's Trade Secrets, Judge Rules

CHICAGO - Insurers have no duty to defend their cellular technology company insured against Motorola Inc.'s claims that it misappropriated proprietary trade secrets and confidential information, an Illinois federal judge ruled Sept. 30, further finding that the insurers did not act in bad faith (Lemko Corp. v. Federal Insurance Co., et al., No. 12-03283, N.D. Ill.; 2014 U.S. Dist. LEXIS 138667).

Mealey's Insurance - No Coverage For Claims That Insured Stole Motorola's Trade Secrets, Judge Rules

CHICAGO - Insurers have no duty to defend their cellular technology company insured against Motorola Inc.'s claims that it misappropriated proprietary trade secrets and confidential information, an Illinois federal judge ruled Sept. 30, further finding that the insurers did not act in bad faith (Lemko Corp. v. Federal Insurance Co., et al., No. 12-03283, N.D. Ill.; 2014 U.S. Dist. LEXIS 138667).

Mealey's PI/Product Liability - Contractor Not Liable For Worker's Criminal Activity, Illinois Court Rules

ELGIN, Ill. - An insulation contractor is not liable for injuries suffered by a homeowner during a burglary committed by one of the contractor's temporary workers, the Second District Illinois Appellate Court ruled Sept. 30 (Rosemary O'Rourke v. Bruce McIlvaine, et al., No. 2-13-1191, Ill. App., 2nd Dist.).

Mealey's IP/Tech - Illinois Federal Judge Dismisses Patent Infringement Claims

CHICAGO - A dispute between co-inventors of a patented heating device for use in automotive repairs was partly resolved Sept. 30 by an Illinois federal judge, who found that standing is lacking with regard to infringement pursuant to WiAV Solutions LLC v. Motorola Inc. (631 F.3d 1257, 1264-65 [Fed. Cir. 2010]) (Induction Innovations Inc. and Sarge Holdings Company LLC v. David Pacholok, No. 13-5102, N.D. Ill.).

Mealey's Insurance - Court's Ruling In Favor Of Insurer Is No Longer Viable, Panel Rules In Reversal

CHICAGO - An Illinois appeals panel on Sept. 30 found that because the Illinois Supreme Court determined in Standard Mutual Insurance Co. v. Lay ([2013] IL 114617) that amounts awarded for claims under the Telephone Consumer Protection Act (TCPA) are not punitive and, therefore, are insurable, a lower court's ruling in favor of an insurer must be reversed in a coverage dispute arising from unsolicited fax ads (Central Mutual Insurance Co v. Tracy's Treasures, et al., No. 1-12-3339, Ill. App., 1st Dist., 3rd Div.).

Mealey's Litigation Procedure - Federal Judge Dismisses RICO Claims In Drug Copay Case

CHICAGO - A federal judge in Illinois on Sept. 25 dismissed Racketeer Influenced and Corrupt Organizations Act claims against the manufacturer of Humira and AndroGel, saying the plaintiff failed to show the existence of a viable enterprise in the defendants' practice of offering savings cards that discount a patient's copay obligations for the drugs (New England Carpenters Health and Welfare Fund, individually and on behalf of all others similarly situated v. Abbott Laboratories, et al., No. 12-1662, N.D. Ill.; 2014 U.S. Dist. LEXIS 134857).

Mealey's Insurance - Federal Judge Dismisses RICO Claims In Drug Copay Case

CHICAGO - A federal judge in Illinois on Sept. 25 dismissed Racketeer Influenced and Corrupt Organizations Act claims against the manufacturer of Humira and AndroGel, saying the plaintiff failed to show the existence of a viable enterprise in the defendants' practice of offering savings cards that discount a patient's copay obligations for the drugs (New England Carpenters Health and Welfare Fund, individually and on behalf of all others similarly situated v. Abbott Laboratories, et al., No. 12-1662, N.D. Ill.; 2014 U.S. Dist. LEXIS 134857).

Mealey's Health Law - Federal Judge Dismisses RICO Claims In Drug Copay Case

CHICAGO - A federal judge in Illinois on Sept. 25 dismissed Racketeer Influenced and Corrupt Organizations Act claims against the manufacturer of Humira and AndroGel, saying the plaintiff failed to show the existence of a viable enterprise in the defendants' practice of offering savings cards that discount a patient's copay obligations for the drugs (New England Carpenters Health and Welfare Fund, individually and on behalf of all others similarly situated v. Abbott Laboratories, et al., No. 12-1662, N.D. Ill.; 2014 U.S. Dist. LEXIS 134857).

Mealey's Litigation Procedure - Illinois Supreme Court Agrees To Review $10 Billion Verdict Against Philip Morris

SPRINGFIELD, Ill. - The Illinois Supreme Court Sept. 25 granted review of an appeals court ruling reinstating a $10.1 billion consumer fraud verdict stemming from Philip Morris USA Inc.'s marketing of "light" cigarettes (Sharon Price, et al. v. Philip Morris Inc., No. 00-L-112, Ill. Sup.).

Mealey's IP/Tech - Illinois Federal Judge Sides With Coca-Cola In 'Zero' Trademark Case

CHICAGO - Allegations that The Coca-Cola Co. infringed upon the "Naturally Zero" trademark were rejected on summary judgment Sept. 24 by an Illinois federal judge (Mirza N. Baig and Bluesprings Water Co. v. The Coca-Cola Company, No. 08-4206, N.D. Ill.).

Mealey's PI/Product Liability - Illinois Supreme Court Agrees To Review $10 Billion Verdict Against Philip Morris

SPRINGFIELD, Ill. - The Illinois Supreme Court Sept. 25 granted review of an appeals court ruling reinstating a $10.1 billion consumer fraud verdict stemming from Philip Morris USA Inc.'s marketing of "light" cigarettes (Sharon Price, et al. v. Philip Morris Inc., No. 00-L-112, Ill. Sup.).

Mealey's Banking & Finance - Judge: No Coverage For Claims That Insured Participated In Bank Fraud Scheme

CHICAGO - An Illinois federal judge ruled Sept. 23 that a real estate errors and omissions insurer has no duty to defend its insured against allegations that it actively participated in a scheme to defraud banks by intentionally preparing inflated appraisals (General Star National Insurance Co. v. Adams Valuation Corporation, et al., No. 14 C 1821, N.D. Ill., Eastern Div.; 2014 U.S. Dist. LEXIS 133223P).

Mealey's Insurance - Judge: No Coverage For Claims That Insured Participated In Bank Fraud Scheme

CHICAGO - An Illinois federal judge ruled Sept. 23 that a real estate errors and omissions insurer has no duty to defend its insured against allegations that it actively participated in a scheme to defraud banks by intentionally preparing inflated appraisals (General Star National Insurance Co. v. Adams Valuation Corporation, et al., No. 14 C 1821, N.D. Ill., Eastern Div.; 2014 U.S. Dist. LEXIS 133223P).