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Mealey's Litigation Procedure - Divided Illinois Appeals Court Reverses Class Action Status In Subrogation Suit

CHICAGO - A divided Illinois appeals court reversed and vacated the judgment of a trial court granting the plaintiff's motion for summary judgment and class certification in a health care subrogation dispute, saying the plaintiff had no right to rely on the common fund doctrine to support her claims (Nelli Stefanski v. The City of Chicago, No. 1-13-2844, Ill. App., 1st Dist. 6th Div.; 2015 Ill. App. LEXIS 133).

Mealey's PI/Product Liability - Illinois Appeals Court Considers Challenges To $1.4M Asbestos Verdict

SPRINGFIELD, Ill. - An Illinois appeals court on Feb. 25 heard arguments over whether a jury's $1,443,810.53 asbestos verdict can stand in the face of challenges to the verdict form's lack of itemization and references to a leasee's nearby use of asbestos (In re: Estate of Lilienthal, No. 4-14-0280, Ill. App., 4th Dist.).

Mealey's Labor & Employment - Illinois Appeals Court Considers Challenges To $1.4M Asbestos Verdict

SPRINGFIELD, Ill. - An Illinois appeals court on Feb. 25 heard arguments over whether a jury's $1,443,810.53 asbestos verdict can stand in the face of challenges to the verdict form's lack of itemization and references to a leasee's nearby use of asbestos (In re: Estate of Lilienthal, No. 4-14-0280, Ill. App., 4th Dist.).

Mealey's Health Law - Divided Illinois Appeals Court Reverses Class Action Status In Subrogation Suit

CHICAGO - A divided Illinois appeals court on Feb. 27 reversed and vacated the judgment of a trial court granting the plaintiff's motion for summary judgment and class certification in a health care subrogation dispute, saying the plaintiff had no right to rely on the common fund doctrine to support her claims (Nelli Stefanski v. The City of Chicago, No. 1-13-2844, Ill. App., 1st Dist. 6th Div.; 2015 Ill. App. LEXIS 133).

Mealey's PI/Product Liability - Illinois Court Finds Dual Jury Instruction Proper, Affirms Defense Verdict

CHICAGO - A trial judge did not err in instructing a jury on both institutional and professional negligence in a suit alleging that the death of an elderly woman was the result of negligence on the part of a nursing home and its staff, the Illinois Appellate Court for the First Judicial District ruled Feb. 27 (William M. Groeller Jr. v. The Evergreen Health Care Center LLC, No. 1-14-0932, Ill. App., 1st Jud. Dist.)

Mealey's Toxic Tort/Environmental - Illinois Appeals Court Considers Challenges To $1.4M Asbestos Verdict

SPRINGFIELD, Ill. - An Illinois appeals court on Feb. 25 heard arguments over whether a jury's $1,443,810.53 asbestos verdict can stand in the face of challenges to the verdict form's lack of itemization and references to a leasee's nearby use of asbestos (In re: Estate of Lilienthal, No. 4-14-0280, Ill. App., 4th Dist.).

Mealey's Labor & Employment - Judge Denies Man's Motion To Dismiss Insurer's Fraud Suit Against Him

CHICAGO - A federal judge in Illinois on Feb. 26 denied a man's motion to dismiss his insurance company's lawsuit accusing him of violating the Illinois Insurance Fraud Statute and stayed the case for the company to assert a portion of its allegations as a counterclaim to a separate suit brought by the defendant accusing the company of violating the Employee Retirement Income Security Act (Concert Health Plan Insurance Company v. James E. Killian, No. 14 C 4697, N.D. Ill.; 2015 U.S. Dist. LEXIS 23195).

Mealey's Health Law - Judge Denies Man's Motion To Dismiss Insurer's Fraud Suit Against Him

CHICAGO - A federal judge in Illinois on Feb. 26 denied a man's motion to dismiss his insurance company's lawsuit accusing him of violating the Illinois Insurance Fraud Statute and stayed the case for the company to assert a portion of its allegations as a counterclaim to a separate suit brought by the defendant accusing the company of violating the Employee Retirement Income Security Act (Concert Health Plan Insurance Company v. James E. Killian, No. 14 C 4697, N.D. Ill.; 2015 U.S. Dist. LEXIS 23195).

Mealey's Insurance - Judge Transfers Allstate's Suit Against Former Agency To Florida Federal Court

CHICAGO - Allstate Life Insurance Co.'s breach of contract lawsuit against a former life insurance agent and his agency is better suited to Florida federal court, a federal judge in Illinois ruled Feb. 23, explaining that all of the former agent's allegedly fraudulent conduct occurred in Florida (Allstate Life Insurance Company v. Stanley W. Burns Inc., et al., No. 14-cv-7098, N.D. Ill.; 2015 U.S. Dist. LEXIS 20905).

Mealey's Banking & Finance - Federal Judge Stays Case Pending Outcome Of Foreclosure Case

CHICAGO - An Illinois federal judge on Feb. 20 stayed a borrower's action against several banks pending the outcome of foreclosure proceedings, finding that both cases were parallel and arose from the same issues (Miguel Nieves v. Bank of America, N.A., et al., No. 14-cv-2300, N.D. Ill.; 2015 U.S. Dist. LEXIS 20383).

Mealey's Insurance - Illinois Majority: Innocent Insured Doctrine Inapplicable; Rescission Was Proper

SPRINGFIELD, Ill. - A majority of the Illinois Supreme Court found Feb. 20 that a professional liability insurance policy was properly rescinded for a material misrepresentation made by an attorney and an appeals court erred when it applied the innocent insured doctrine and partially served the policy to preserve coverage for the attorney's partner (Illinois State Bar Association Mutual Insurance Co. v. Law Office of Tuzzolino and Terpinas et al., No. 117096, Ill. Sup.; 2015 Ill. LEXIS 304).

Mealey's PI/Product Liability - Magistrate Permits Safety Expert's Testimony In Ladder Liability Lawsuit

CHICAGO - Finding a plaintiff's expert to be sufficiently qualified to testify regarding the safety, use and possible alternate designs of a ladder at the heart of a product liability lawsuit, an Illinois federal magistrate judge on Feb. 17 denied the manufacturer's motion to exclude the expert's testimony (Anthony McFarland v. Tricam Industries Inc., No. 1:13-cv-04576, N.D. Ill.; 2015 U.S. Dist. LEXIS 18588).

Mealey's Litigation Procedure - Magistrate Permits Safety Expert's Testimony In Ladder Liability Lawsuit

CHICAGO - Finding a plaintiff's expert to be sufficiently qualified to testify regarding the safety, use and possible alternate designs of a ladder at the heart of a product liability lawsuit, an Illinois federal magistrate judge on Feb. 17 denied the manufacturer's motion to exclude the expert's testimony (Anthony McFarland v. Tricam Industries Inc., No. 1:13-cv-04576, N.D. Ill.; 2015 U.S. Dist. LEXIS 18588).

Mealey's Insurance - Panel Says Subcontractor Was Not Required To Name Additional Insured

ELGIN, Ill. - A subcontractor was not required by written agreement to name a contractor as an additional insured under commercial general liability insurance policy, an Illinois appeals panel held Feb. 17, affirming summary judgment to the insurer (West Bend Mutual Insurance Co. v. Athens Construction Co. Inc., et al. & Harleysville Lake States Insurance Co., as subrogee of Athens Construction Co. Inc. v. West Bend Mutual Insurance Co., No. 1-14-0006, Ill. App., 1st Dist.; 2015 Ill. App. Unpub. LEXIS 255).

Mealey's PI/Product Liability - Federal Judge Excludes 'Any Exposure' Testimony From Asbestos Case

MADISON, Wis. - A federal judge in Wisconsin on Feb. 13 excluded testimony from three experts that "any exposure" to asbestos leads to disease, experiments conducted by William Longo and Materials Analytical Services and testimony from Barry Castleman, granting unopposed motions in two cases (Gary Souja, et al. v. Owens-Illinois Inc., No. 99-475, Barbara Connell, et al. v. Owens-Illinois Inc., No. 05-219, W.D. Wis.; 2015 U.S. Dist. LEXIS 17786).

Mealey's Litigation Procedure - Federal Judge Excludes 'Any Exposure' Testimony From Asbestos Case

MADISON, Wis. - A federal judge in Wisconsin on Feb. 13 excluded testimony from three experts that "any exposure" to asbestos leads to disease, experiments conducted by William Longo and Materials Analytical Services and testimony from Barry Castleman, granting unopposed motions in two cases (Gary Souja, et al. v. Owens-Illinois Inc., No. 99-475, Barbara Connell, et al. v. Owens-Illinois Inc., No. 05-219, W.D. Wis.; 2015 U.S. Dist. LEXIS 17786).

Mealey's Toxic Tort/Environmental - Federal Judge Excludes 'Any Exposure' Testimony From Asbestos Case

MADISON, Wis. - A federal judge in Wisconsin on Feb. 13 excluded testimony from three experts that "any exposure" to asbestos leads to disease, experiments conducted by William Longo and Materials Analytical Services and testimony from Barry Castleman, granting unopposed motions in two cases (Gary Souja, et al. v. Owens-Illinois Inc., No. 99-475, Barbara Connell, et al. v. Owens-Illinois Inc., No. 05-219, W.D. Wis.; 2015 U.S. Dist. LEXIS 17786).

Mealey's PI/Product Liability - Yasmin/Yaz MDL Judge Plans Remands, Cites Bayer's Delaying Tactics

EAST ST. LOUIS, Ill. - Saying defendant Bayer Healthcare Pharmaceuticals Inc. has adopted a strategy of "attrition," "wearing everyone down over time" and not negotiating over certain injuries, the Illinois federal judge presiding over the Yasmin/Yaz/drospirenone multidistrict litigation on Feb. 13 issued a case management order seeking to remand the estimated 3,400 remaining cases to transferor federal courts for trial (In Re: Yasmin and Yaz [drospirenone] Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 2100, No. 09-2100, S.D. Ill.).

Mealey's Litigation Procedure - Judge: Lead Plaintiffs Failed To Plead Material Misrepresentations, Scienter

CHICAGO - Dismissal of a securities class action lawsuit against a telecommunications network products developer and certain of its executive officers is proper because lead plaintiffs have failed to plead any material misstatements or scienter in making their federal securities law claims, a federal judge in Illinois ruled Feb. 9 (Mahmood Alizadeh v. Tellabs Inc., et al., No. 13-537, N.D. Ill; 2015 U.S. Dist. LEXIS 15553).

Mealey's Securities/D&O Liability - Judge: Lead Plaintiffs Failed To Plead Material Misrepresentations, Scienter

CHICAGO - Dismissal of a securities class action lawsuit against a telecommunications network products developer and certain of its executive officers is proper because lead plaintiffs have failed to plead any material misstatements or scienter in making their federal securities law claims, a federal judge in Illinois ruled Feb. 9 (Mahmood Alizadeh v. Tellabs Inc., et al., No. 13-537, N.D. Ill; 2015 U.S. Dist. LEXIS 15553).

Mealey's Insurance - Indemnity Agreement Not A Part Of Insurance Policy, Illinois Appeals Panel Says

ELGIN, Ill. - An indemnity agreement in a bill of lading was not an insured contract under a commercial general liability insurance policy, an Illinois appeals panel held Feb. 9, reversing a judge's grant of summary judgment in favor of the insured (Bituminous Casualty Corp. v. Plano Molding Co., No. 12-MR-175, Ill. App., 2nd Dist.; 2015 Ill. App. Unpub. LEXIS 214).

Mealey's Litigation Procedure - Federal Judge Allows Additional Discovery In Professional Liability Coverage Suit

CHICAGO - An Illinois federal judge on Feb. 6 granted a professional liability insurer's motion to stay a coverage dispute to grant it time for discovery that would allow it to contest a claim for attorney fees and defense costs (Landmark American Insurance Co. v. Michael O'Malley, et al., No. 13-02552, N.D. Ill.; 2015 U.S. Dist. LEXIS 14200).

Mealey's IP/Tech - Panel: Underlying Claims, Photo Of Retail Product Display Trigger Duty To Defend

CHICAGO - An Illinois appeals panel on Feb. 9 held that an underlying complaint alleges a causal connection between an insured's advertising activity and purported trade dress infringement injuries, affirming a lower court's ruling that the insurer has a duty to defend the insured against a competitor's lawsuit involving square-shaped markers (Selective Insurance Company of the Southeast v. Creation Supply Inc., No. 1-14-0152, Ill. App., 1st Dist., 1st Div.; 2015 Ill. App. Unpub. LEXIS 202).

Mealey's Insurance - Federal Judge Allows Additional Discovery In Professional Liability Coverage Suit

CHICAGO - An Illinois federal judge on Feb. 6 granted a professional liability insurer's motion to stay a coverage dispute to grant it time for discovery that would allow it to contest a claim for attorney fees and defense costs (Landmark American Insurance Co. v. Michael O'Malley, et al., No. 13-02552, N.D. Ill.; 2015 U.S. Dist. LEXIS 14200).

Mealey's IP/Tech - Federal Circuit Reverses Patent Exhaustion Holding

WASHINGTON, D.C. - An Illinois federal judge's holding that several defendants are entitled to summary judgment under the doctrine of patent exhaustion was reversed Feb. 10 by the Federal Circuit U.S. Court of Appeals (Helferich Patent Licensing LLC v. New York Times Co. et al., Nos. 2014-1196, -1197, -1198, -1199, -1200, Fed. Cir.; 2015 U.S. App. LEXIS 2047).