LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Suit Filed Over E. Coli Outbreak Connected To Soy Butter

CHICAGO - The mother of a boy who was diagnosed with E. coli in February filed suit March 8 against the maker of a soy nut butter in Illinois state court, claiming that it caused her son's illness (Brittany Weber v. The SoyNut Butter Company, No. 2017L002440, Ill. Cir. Cook Co.).

Mealey's PI/Product Liability - Judge: Investors Pleaded Elements Of Securities Law Claim Against Drug Company

CHICAGO - An investor group has shown that a pharmaceutical company and certain of its current and former executive officers issued a series of misrepresentations concealing certain financial reporting errors for fiscal year 2014 and concealing the integration of two companies it acquired in violation of federal securities laws, a federal judge in Illinois ruled March 6 in denying the defendants' motion to dismiss (In re Akorn Inc. Securities Litigation, No. 15-1944, N.D. Ill.).

Mealey's Litigation Procedure - Judge: Investors Pleaded Elements Of Securities Law Claim Against Drug Company

CHICAGO - An investor group has shown that a pharmaceutical company and certain of its current and former executive officers issued a series of misrepresentations concealing certain financial reporting errors for fiscal year 2014 and concealing the integration of two companies it acquired in violation of federal securities laws, a federal judge in Illinois ruled March 6 in denying the defendants' motion to dismiss (In re Akorn Inc. Securities Litigation, No. 15-1944, N.D. Ill.).

Mealey's Securities/D&O Liability - Judge: Investors Pleaded Elements Of Securities Law Claim Against Drug Company

CHICAGO - An investor group has shown that a pharmaceutical company and certain of its current and former executive officers issued a series of misrepresentations concealing certain financial reporting errors for fiscal year 2014 and concealing the integration of two companies it acquired in violation of federal securities laws, a federal judge in Illinois ruled March 6 in denying the defendants' motion to dismiss (In re Akorn Inc. Securities Litigation, No. 15-1944, N.D. Ill.).

Mealey's Litigation Procedure - Judge Approves $9.3M Settlement Over Rust-Oleum's Restore Products

CHICAGO - A federal judge in Illinois on March 6 entered final approval of a $9.3 million settlement that certified a class of consumers who purchased a concrete resurfacing paint made by Rust-Oleum Corp. that allegedly bubbled and flaked prematurely (In re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability Litigation, MDL 2602, Case No. 15 C 1364, N.D. Ill.).

Mealey's PI/Product Liability - Judge Approves $9.3M Settlement Over Rust-Oleum's Restore Products

CHICAGO - A federal judge in Illinois on March 6 entered final approval of a $9.3 million settlement that certified a class of consumers who purchased a concrete resurfacing paint made by Rust-Oleum Corp. that allegedly bubbled and flaked prematurely (In re: Rust-Oleum Restore Marketing, Sales Practices and Products Liability Litigation, MDL 2602, Case No. 15 C 1364, N.D. Ill.).

Mealey's Toxic Tort/Environmental - Judge Finds Navistar Liable For Selling Engines Without Certificate Of Compliance

CHICAGO - A federal judge in Illinois on March 1 found that Navistar Inc. and Navistar Financial Corp. are liable for violating the Clean Air Act (CAA) by selling 7,749 engines in 2010 without certificates of compliance, finding that the engines were not subject to a certificate issued to the companies in 2009 because they were not saleable (United States of America v. Navistar, Inc., et al., 15 CV 6143, N.D. Ill., 2017 U.S. Dist. LEXIS 28600).

Mealey's Litigation Procedure - Donor, Nonprofit Sue PayPal For Redirecting Charitable Donations

CHICAGO - In a Feb. 27 putative class complaint filed in Illinois federal court, a frequent charitable giver and one of her intended nonprofit recipients sued PayPal Inc. for allegedly redirecting funds donated for organizations that are not registered with PayPal to unrelated organizations that are (Friends for Health: Supporting the North Shore Health Center, et al. v. PayPal Inc., et al., No. 1:17-cv-01542, N.D. Ill.).

Mealey's Banking & Finance - Judge Grants Dismissal For Loan Servicer, Allows FDCPA Claim To Proceed

CHICAGO - An Illinois federal judge on Feb. 28 partially granted a loan servicer's motion to dismiss a claim for violation of Illinois state law in relation to certain damages that it determined were not calculable, but found that her claims for violation of the Fair Debt Collection Practices Act (FDCPA) could proceed (Teresa Bruner v. AllianceOne Receivables Management Inc., No. 15-9726, N.D. Ill., 2017 U.S. Dist. LEXIS 27573).

Mealey's IP/Tech - Donor, Nonprofit Sue PayPal For Redirecting Charitable Donations

CHICAGO - In a Feb. 27 putative class complaint filed in Illinois federal court, a frequent charitable giver and one of her intended nonprofit recipients sued PayPal Inc. for allegedly redirecting funds donated for organizations that are not registered with PayPal to unrelated organizations that are (Friends for Health: Supporting the North Shore Health Center, et al. v. PayPal Inc., et al., No. 1:17-cv-01542, N.D. Ill.).

Mealey's Litigation Procedure - Chicago Moves To Quash Some Discovery In DPPA Suit Against Newspaper

CHICAGO - The city of Chicago on Feb. 28 asked an Illinois federal court to quash some of the discovery requests served on it by a newspaper alleged to have violated the Drivers Privacy and Protection Act (DPPA), arguing that some of the documents are protected by an earlier court order and the attorney-client privilege (Scott Dahlstrom, et al. v. Sun-Times Media LLC, No. 1:12-cv-00658, N.D. Ill.).

Mealey's Litigation Procedure - Suits Over 'Google Photos' Feature Under Illinois Biometric Law Survive Dismissal

CHICAGO - An Illinois federal judge on Feb. 27 denied a motion by Google Inc. to dismiss two putative class complaints alleging that it violated Illinois' Biometric Information Privacy Act (BIPA) via facial recognition capability in its "Google Photos" feature, with the judge finding that the plaintiffs sufficiently alleged that Google collected their "biometric identifiers" (Lindabeth Rivera v. Google Inc., No. 1:16-cv-02714, and Joseph Weiss v. Google Inc., No. 1:16-cv-02870, N.D. Ill., 2017 U.S. Dist. LEXIS 27276).

Mealey's Litigation Procedure - 7th Circuit: No Jurisdiction Over Where Individual Offer Of Judgment Was Accepted

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Feb. 17 dismissed the appeal of a trial court's denial of class certification in a lawsuit alleging unlawful detention by an Illinois city, finding that it lacked jurisdiction after the named plaintiff accepted an individual offer of judgment (Marquise Wright v. Calumet City, Illinois, No. 16-2219, 7th Cir., 2017 U.S. App. LEXIS 2823).

Mealey's Insurance - Judge Approves Reinsurance Commutation Agreement For Insolvent Insurer

CHICAGO - An Illinois judge on Feb. 16 approved the commutation of certain reinsurance contracts covering third-party construction defect claims in an agreement between a reinsurer and an insolvent insurer (In the matter of the liquidation of Legion Indemnity Co., No. 02 CH 06695, Ill. Cir., Cook Co., Chanc. Div.).

Mealey's Litigation Procedure - Illinois Federal Judge Won't Exclude Expert In Case About Bone-Lengthening Device

CHICAGO - An Illinois federal judge on Feb. 15 denied a motion by an orthopedic device manufacturer to exclude the testimony of a plaintiff expert about an alleged flaw in the device (Timothy Bellas v. Orthofix, Inc., No. 14-9623, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 21166).

Mealey's PI/Product Liability - Illinois Federal Judge Won't Exclude Expert In Case About Bone-Lengthening Device

CHICAGO - An Illinois federal judge on Feb. 15 denied a motion by an orthopedic device manufacturer to exclude the testimony of a plaintiff expert about an alleged flaw in the device (Timothy Bellas v. Orthofix, Inc., No. 14-9623, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 21166).

Mealey's Litigation Procedure - Class Suit Over Supplement Labels Is Dismissed; 30 Days Granted For Amendment

CHICAGO - An Illinois federal judge on Feb. 13 dismissed a class complaint over supplement labeling, in part for lack of personal jurisdiction based on alleged violations of non-Illinois consumer fraud statutes, and granted the named plaintiff 30 days to amend his complaint (David DeMedicis v. CVS Health Corp., et al., No. 16-5973, N.D. Ill., 2017 U.S. Dist. LEXIS 19589).

Mealey's Litigation Procedure - Judge Refuses To Bifurcate Merits And Class Certification Discovery

CHICAGO - An Illinois federal judge on Feb. 9 denied a motion to bifurcate discovery issues in a case filed against lenders in relation to a property inspection, finding that bifurcating the issues could lead to additional disputes as to whether certain discovery requests related to merits or class certification (Thomas Quinn, et al. v. Specialized Loan Servicing LLC, No. 16-2021, N.D. Ill., 2017 U.S. Dist. LEXIS 18351).

Mealey's Insurance - Judge Refuses To Bifurcate Merits And Class Certification Discovery

CHICAGO - An Illinois federal judge on Feb. 9 denied a motion to bifurcate discovery issues in a case filed against lenders in relation to a property inspection, finding that bifurcating the issues could lead to additional disputes as to whether certain discovery requests related to merits or class certification (Thomas Quinn, et al. v. Specialized Loan Servicing LLC, No. 16-2021, N.D. Ill., 2017 U.S. Dist. LEXIS 18351).

Mealey's Banking & Finance - Judge Refuses To Bifurcate Merits And Class Certification Discovery

CHICAGO - An Illinois federal judge on Feb. 9 denied a motion to bifurcate discovery issues in a case filed against lenders in relation to a property inspection, finding that bifurcating the issues could lead to additional disputes as to whether certain discovery requests related to merits or class certification (Thomas Quinn, et al. v. Specialized Loan Servicing LLC, No. 16-2021, N.D. Ill., 2017 U.S. Dist. LEXIS 18351).

Mealey's Litigation Procedure - Illinois Appellate Panel Holds Foam Company Liable For Faxes Sent On Its Behalf

CHICAGO - A foam company whose independent contractor ordered a third party to send unsolicited faxed advertisements on the foam company's behalf is liable under the Telephone Consumer Protection Act (TCPA), an Illinois appeals panel ruled Feb. 7 (Loncarevic and Associates, Inc., et al. v. Stanley Foam Corporation, No. 09 CH 15403, Ill. App., 1st Dist., 2nd Div., 2017 Ill. App. LEXIS 53).

Mealey's Insurance - Failure To Perform Claim Is Not An 'Occurrence' Under Insurance Policy, Judge Says

EAST ST. LOUIS, Ill. - Allegations of an insured's failure to perform do not constitute an "occurrence" triggering coverage under a commercial general liability insurance policy, an Illinois federal judge ruled Jan. 31, agreeing with the insurer that they "are nothing more than claims of disappointed expectations in the performance of a construction contract" (Owners Insurance Co. v. James C. Warren d/b/a Warren Exterior and Remodeling, et al., No. 15-00349, S.D. Ill., 2017 U.S. Dist. LEXIS 13171).

Mealey's Litigation Procedure - Video Game Players' Biometrics Complaint Over Facial Scans Dismissed

NEW YORK - A New York federal judge on Jan. 27 found that a putative class complaint against a video game manufacturer under an Illinois biometrics law failed because the lead plaintiffs did not establish a concrete injury-in-fact from the in-game facial scans with which they voluntarily participated (Ricardo Vigil, et al. v. Take-Two Interactive Software Inc., No. 1:15-cv-08211, S.D. N.Y., 2017 U.S. Dist. LEXIS 12295).

Mealey's IP/Tech - 7th Circuit Affirms: Shape, Design Of Bag Are Functional

CHICAGO - Allegations of trade dress infringement by the maker of personal care kits were properly rejected by an Illinois federal judge, the Seventh Circuit U.S. Court of Appeals concluded Jan. 27 (Arlington Specialties Inc. v. Urban Aid Inc., No. 14-3416, 7th Cir., 2017 U.S. App. LEXIS 1506).

Mealey's IP/Tech - Illinois Federal Judge: Australian Must Defend Trademark Claims In United States

CHICAGO - Efforts by an individual defendant accused of trademark infringement to obtain dismissal on jurisdictional grounds were rejected Jan. 25 by an Illinois federal judge, who noted that the person - as owner and director of a co-defendant corporation - would be "be significantly involved in the case regardless of the claims against him personally" (Deckers Outdoor Corporation v. Australian Leather Pty. Ltd., et al., No. 16-3676, N.D. Ill.; 2017 U.S. Dist. LEXIS 11087).