LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Deems Engineering Professor Qualified To Testify On Car Hauler Design

CHICAGO - Although an Illinois federal judge on Aug. 21 found merit to some of a car hauler manufacturer's arguments regarding its motion to preclude a plaintiff's expert witness from testifying in a product liability case, overall the judge deemed the expert qualified to testify regarding such matters as safety, defective design and alternative design (Emad Hasan v. Cottrell Inc., No. 1:10-cv-05534, N.D. Ill.; 2014 U.S. Dist. LEXIS 116748).

Mealey's Labor & Employment - Illinois Federal Judge Denies Defense Judgment In Breach Of Fiduciary Dispute

CHICAGO - An Illinois federal judge on Aug. 22 denied a health plan sponsor and insurer summary judgment on a breach of fiduciary claim in a health care denial of benefits dispute, saying a summary judgment motion was not the proper forum for deciding the issue (James E. Killian v. Concert Health Plan, et al., No. 07-4755, N.D. Ill.; 2014 U.S. Dist. LEXIS 116835).

Mealey's Insurance - Illinois Federal Judge Denies Defense Judgment In Breach Of Fiduciary Dispute

CHICAGO - An Illinois federal judge on Aug. 22 denied a health plan sponsor and insurer summary judgment on a breach of fiduciary claim in a health care denial of benefits dispute, saying a summary judgment motion was not the proper forum for deciding the issue (James E. Killian v. Concert Health Plan, et al., No. 07-4755, N.D. Ill.; 2014 U.S. Dist. LEXIS 116835).

Mealey's Health Law - Illinois Federal Judge Denies Defense Judgment In Breach Of Fiduciary Dispute

CHICAGO - An Illinois federal judge on Aug. 22 denied a health plan sponsor and insurer summary judgment on a breach of fiduciary claim in a health care denial of benefits dispute, saying a summary judgment motion was not the proper forum for deciding the issue (James E. Killian v. Concert Health Plan, et al., No. 07-4755, N.D. Ill.; 2014 U.S. Dist. LEXIS 116835).

Mealey's Insurance - Judge Dismisses Auto Insurance Company's Claims Against Owner Of MRI Firm

MINNEAPOLIS - A federal judge in Minnesota on Aug. 19 dismissed a lawsuit brought by three insurance companies against a mobile magnetic resonance imaging (MRI) company and its owner, finding that his ownership of the company without a license to practice medicine did not violate the state's corporate-practice-of-medicine doctrine (CPMD) and that his use of radiologists to read the MRI results did not violate state or federal kickback laws (Illinois Farmers Insurance Company, et al. v. Mobile Diagnostic Imaging, Inc., et al., No. 13-CV-2820, D. Minn.; 2014 U.S. Dist. LEXIS 114745).

Mealey's Health Law - Illinois Federal Judge Issues Injunction Requiring Insurer To Reform Appeal Notices

CHICAGO - An Illinois federal judge on Aug. 19 granted an injunction against a health insurance company, requiring the company to change the way it issues notice and appeal procedures before recouping money from previously paid claims (Pennsylvania Chiropractic Association, et al. v. Blue Cross Blue Shield Association, et al., No. 09-5619, N.D. Ill.; 2014 U.S. Dist. LEXIS 114664).

Mealey's Antitrust/Unfair Competition - Third-Party Payers' Depakote Off-Label RICO Case Dismissed With Prejudice

CHICAGO - An Illinois federal judge on Aug. 14 reconsidered her earlier decision and agreed with Abbott Laboratories Inc. and AbbVie Inc. that state law claims by three third-party payers (TPPs) related to the off-label marketing of the epilepsy drug Depakote should be dismissed with prejudice (Sidney Hillman Health Center of Rochester, et al. v. Abbott Laboratories, et al., No. 13-5865, N.D. Ill., E. Div.; 2014 U.S. Dist. LEXIS 112634).

Mealey's PI/Product Liability - Third-Party Payers' Depakote Off-Label RICO Case Dismissed With Prejudice

CHICAGO - An Illinois federal judge on Aug. 14 reconsidered her earlier decision and agreed with Abbott Laboratories Inc. and AbbVie Inc. that state law claims by three third-party payers (TPPs) related to the off-label marketing of the epilepsy drug Depakote should be dismissed with prejudice (Sidney Hillman Health Center of Rochester, et al. v. Abbott Laboratories, et al., No. 13-5865, N.D. Ill., E. Div.; 2014 U.S. Dist. LEXIS 112634).

Mealey's Labor & Employment - Surgeon's Antitrust Claims Following Revocation Of Privileges Are Dismissed

CHICAGO - A federal judge in Illinois on Aug. 12 ruled that a surgeon whose staff and clinical privileges were revoked failed to allege antitrust injury because she maintained such privileges at other hospitals but that the surgeon could continue with her hostile work environment claims (Yelena Levitin, et al. v. Northwest Community Hospital, et al., No. 13-5553, N.D. Ill.; 2014 U.S. Dist. LEXIS 110830).

Mealey's Antitrust/Unfair Competition - Surgeon's Antitrust Claims Following Revocation Of Privileges Are Dismissed

CHICAGO - A federal judge in Illinois on Aug. 12 ruled that a surgeon whose staff and clinical privileges were revoked failed to allege antitrust injury because she maintained such privileges at other hospitals but that the surgeon could continue with her hostile work environment claims (Yelena Levitin, et al. v. Northwest Community Hospital, et al., No. 13-5553, N.D. Ill.; 2014 U.S. Dist. LEXIS 110830).

Mealey's Litigation Procedure - Adult Entertainment Firm Sanctioned For Not Disclosing Agreement With Investigator

CHICAGO - An adult entertainment company's failure to provide details of its payment agreement with an investigations firm, which identified a John Doe defendant as an alleged infringer, was not inadvertent, an Illinois federal magistrate held Aug. 12, granting the Doe's motion for sanctions for failure to comply with the court's discovery order (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.).

Mealey's IP/Tech - Adult Entertainment Firm Sanctioned For Not Disclosing Agreement With Investigator

CHICAGO - An adult entertainment company's failure to provide details of its payment agreement with an investigations firm, which identified a John Doe defendant as an alleged infringer, was not inadvertent, an Illinois federal magistrate held Aug. 12, granting the Doe's motion for sanctions for failure to comply with the court's discovery order (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.).

Mealey's IP/Tech - Copyright Case Dismissed By Illinois Federal Judge

CHICAGO - An attorney's claim that the Illinois Attorney Registration and Disciplinary Commission (IARDC) committed copyright infringement when using portions of her copyrighted blog as evidence against her in a disciplinary proceeding was rejected by an Illinois federal judge on Aug. 12 (JoAnne M. Denison v. Jerome Larkin, et al., No. 14-1470, N.D. Ill.).

Mealey's Toxic Tort/Environmental - Appeals Court Upholds Ruling Denying Disposal Company's Summary Judgment Motion

MOUNT VERNON, Ill. - A trial court judge in Illinois did not err when denying a disposal company's motion for summary judgment in a declaratory judgment action against the Illinois Environmental Protection Agency (IEPA) because the dismissal of the agency's separate enforcement action did not include an explanation, a state court of appeals panel ruled Aug. 11 (Illini Environmental Inc. v. Illinois Environmental Protection Agency, No. 5-13-0244, Ill. App., 5th Dist.; 2014 Ill. App. Unpub. LEXIS 1734).

Mealey's IP/Tech - Jay-Z, Dr. Dre Cleared Of Copyright Claim By Illinois Federal Judge

CHICAGO - Allegations that hip-hop stars Andrew Young, better known as "Dr. Dre," and Shawn Carter, better known as "Jay-Z," infringed a copyrighted musical work were dismissed Aug. 5 by an Illinois federal judge (Clara Shepherd Warrick and Jimmy Lee Weary v. William Roberts II, et al., No. 13-8326, N.D. Ill.).

Mealey's PI/Product Liability - Panel Affirms $84.5M Award Against Insurers In Suit Arising From Drug Recall

CHICAGO - An Illinois panel on July 28 affirmed a lower court's $84.5 million judgment in favor of an insured in a coverage dispute arising from the Italian government's recall of a prescription drug (Certain Underwriters at Lloyd's London, et al. v. Abbott Laboratories, No. 03 CH 9307, Ill. App., 1st Dist.).

Mealey's Toxic Tort/Environmental - Illinois Federal Judge Finds Insurer's Suit Is Duplicative Of Claimant's Suit

PEORIA, Ill. - An Illinois federal judge on July 25 dismissed an insurer's suit seeking a declaration regarding an indemnity payment for exposure to an insured's asbestos products because the insurer's suit is duplicative of a suit filed by the injured party against the insured (Arrowood Indemnity Co. v. James Shipley et al., No. 11-1220, C.D. Ill.; 2014 U.S. Dist. LEXIS 101546).

Mealey's PI/Product Liability - Illinois Federal Judge Finds Insurer's Suit Is Duplicative Of Claimant's Suit

PEORIA, Ill. - An Illinois federal judge on July 25 dismissed an insurer's suit seeking a declaration regarding an indemnity payment for exposure to an insured's asbestos products because the insurer's suit is duplicative of a suit filed by the injured party against the insured (Arrowood Indemnity Co. v. James Shipley et al., No. 11-1220, C.D. Ill.; 2014 U.S. Dist. LEXIS 101546).

Mealey's Insurance - Illinois Federal Judge Finds Insurer's Suit Is Duplicative Of Claimant's Suit

PEORIA, Ill. - An Illinois federal judge on July 25 dismissed an insurer's suit seeking a declaration regarding an indemnity payment for exposure to an insured's asbestos products because the insurer's suit is duplicative of a suit filed by the injured party against the insured (Arrowood Indemnity Co. v. James Shipley et al., No. 11-1220, C.D. Ill.; 2014 U.S. Dist. LEXIS 101546).

Mealey's Insurance - Panel Affirms $84.5M Award Against Insurers In Suit Arising From Drug Recall

CHICAGO - An Illinois panel on July 28 affirmed a lower court's $84.5 million judgment in favor of an insured in a coverage dispute arising from the Italian government's recall of a prescription drug (Certain Underwriters at Lloyd's London, et al. v. Abbott Laboratories, No. 03 CH 9307, Ill. App., 1st Dist.).

Mealey's Toxic Tort/Environmental - Illinois Appeals Court Affirms Damages Award For Owner Of Water-Damaged Condo

CHICAGO - After finding that a condominium association repeatedly ignored a resident's requests for help in remediating mold and water damage, an Illinois appeals court on July 24 affirmed a trial court's decision to award her compensatory and punitive damages (Mary Ann Schuh v. Plaza Des Plaines Condominium Association, No. 1-13-1999, Ill. App., 1st Dist., 4th Div.; 2014 Ill. App. Unpub. LEXIS 1613).

Mealey's Labor & Employment - Insurer Failed To Consider Medical Evidence In Claim Denial, Federal Judge Says

CHICAGO - A long-term disability (LTD) insurer wrongfully denied a claimant's request for benefits because the insurer refused to consider the claimant's medical evidence in support of the claim, an Illinois federal judge said July 18 in remanding the claim to the insurer for a proper determination of disability (Joseph Mirocha v. Metropolitan Life Insurance Co., No. 13-5724, N.D. Ill.; 2014 U.S. Dist. LEXIS 98025).

Mealey's Insurance - Insurer Failed To Consider Medical Evidence In Claim Denial, Federal Judge Says

CHICAGO - A long-term disability (LTD) insurer wrongfully denied a claimant's request for benefits because the insurer refused to consider the claimant's medical evidence in support of the claim, an Illinois federal judge said July 18 in remanding the claim to the insurer for a proper determination of disability (Joseph Mirocha v. Metropolitan Life Insurance Co., No. 13-5724, N.D. Ill.; 2014 U.S. Dist. LEXIS 98025).

Mealey's IP/Tech - Illinois Federal Judge: Def Jam Not Liable For Copyright Infringement

CHICAGO - Allegations of copyright infringement levied against Def Jam Recordings were rejected July 21 by U.S. Judge Amy J. St. Eve of the Northern District of Illinois (Hassan Hijrahannah v. Def Jam Recordings, No. 14-872, N.D. Ill.).

Mealey's Insurance - Federal Judge Dismisses 5 Counts In Declaratory Judgment Suit Against City, Police

CHICAGO - An Illinois federal judge on July 21 granted insureds' motion to dismiss five counts of a law enforcement liability insurer's declaratory judgment complaint, finding that in order to adjudicate the claims, the court would be required to make impermissible factual determinations upon which liability could be predicated in an underlying wrongful conviction lawsuit against the insureds (Scottsdale Insurance Co. v. City of Waukegan, et al., No. 13-cv-03088, N.D. Ill., Eastern Div.; 2014 U.S. Dist. LEXIS 98432).