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).
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).
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).
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).
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).
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).
WASHINGTON, D.C. - A preliminary injunction granted by an Illinois federal judge was premised on an erroneous construction of the disputed claim term "controller" as it appears in a patent relating to garage door openers, the Federal Circuit U.S. Court of Appeals ruled Jan. 25 (The Chamberlain Group Inc. v. Techtronic Industries North America Inc., et al., Nos. 16-2713, 17-1220, Fed. Cir.; 2017 U.S. App. LEXIS 1294).
CHICAGO - An Illinois federal jury on Jan. 26 returned a defense verdict for Zimmer Inc. in the third NexGen knee bellwether trial (Beverly Jemma Goldin v. Zimmer, Inc., et al., No. 12-2048, N.D. Ill., Eastern Div.).
CHICAGO - A federal judge in Illinois on Jan. 25 ruled that an expert opinion provided by a village that sued two companies alleging groundwater contamination from vinyl chloride that leaked into the water system was "sufficiently reliable," and he refused to exclude it from evidence (Village of Sauk Village v. Roadway Express Inc., et al., No. 15-9183, N.D. Ill.; 2017 U.S. Dist. LEXIS 10478).
CHICAGO - An Illinois judge on Jan. 24 approved a confidential settlement agreement between the estate of an insolvent insurer and a mortgage insurer (In the Matter of the Rehabilitation of Triad Guaranty Insurance Corporation, No. 12-CH-43895, Ill. Cir., Cook Co.).
WASHINGTON, D.C. - An Illinois federal judge did not err in concluding, following a bench trial, that a defendant's assertion of patent invalidity fails as a matter of law, the Federal Circuit U.S. Court of Appeals ruled Jan. 26 (Cumberland Pharmaceuticals v. Mylan Institution LLC, et al., Nos. 16-1155, -1259, Fed. Cir.; 2017 U.S. App. LEXIS 1375).
CHICAGO - Jurors in the U.S. District Court for the Northern District of Illinois on Jan. 25 began deliberating in the third Zimmer NexGen knee bellwether trial (Beverly Jemma Goldin v. Zimmer, Inc., et al., No. 12-2048, N.D. Ill., Eastern Div.).
CHICAGO - An insurer has a duty to defend its insureds against two underlying lawsuits seeking damages as a result of water damage stemming from a water leak in the insureds' pool because the underlying suits allege an occurrence, an Illinois federal judge said Jan. 24 (Admiral Indemnity Co., et al. v. 899 Plymouth Court Condominium Association, et al., No. 16-5085, N.D. Ill.; 2017 U.S. Dist. LEXIS 9803).
CHICAGO - The National Hockey League (NHL) on Jan. 20 responded to a motion to remand an Illinois wrongful death suit to state court, arguing that the federal court should "retain jurisdiction because substantial federal judicial resources have already been expended on resolution of the state claims" (Len Boogaard, et al. v. National Hockey League, et al., No. 13-C-4846, N.D. Ill.).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Jan. 18 upheld findings by an Illinois federal judge that two patents directed to a method of electronic trading do not claim ineligible subject matter under 35 U.S. Code Section 101 (Trading Technologies International Inc. v. CQG Inc., et al., No. 16-1616, Fed. Cir.; 2017 U.S. App. LEXIS 834).
CHICAGO - An Illinois federal judge on Jan. 12 denied a plaintiff's motion to remand after determining that her state law claims arising out of the disclosure of medical records without consent are preempted by the Employment Retirement Income Security Act (Jane Doe v. Aetna Inc., et al., No. 16-8390, N.D. Ill.; 2017 U.S. Dist. LEXIS 4866).
CHICAGO - An Illinois federal judge on Jan. 17 granted a mortgage company's motion to dismiss foreclosure-related claims asserted by a former property owner, finding that the case was barred by a state court action (Fred Freeman v. Long Beach Mortgage Co., et al., No. 16-cv-4272, N.D. Ill.; 2017 2017 U.S. Dist. LEXIS 5943).
CHICAGO - An Illinois city cannot seek civil penalties under the Resource Conservation and Recovery Act (RCRA) against two companies that owned a manufactured gas facility, a federal judge in Illinois ruled Jan. 17, holding that the city did not allege that the companies violated subchapter III of the RCRA (City of Evanston, Ill. v. Northern Illinois Gas Company, et al., No. 16-C-5692, N.D. Ill.; 2017 U.S. Dist. LEXIS 5771).
MINNEAPOLIS - Because issues of material fact exist regarding how an outbreak of the avian flu virus was transmitted, a Minnesota federal judge on Jan. 12 denied both the insurer and insured's motions for summary judgment (Rembrandt Enterprises Inc. v. Illinois Union Insurance Co., No. 15-2913, D. Minn.; 2017 U.S. Dist. LEXIS 4946).
ELGIN, Ill. - An Illinois appellate panel on Jan. 9 found that a trial court correctly denied a plaintiff's motion for judgment notwithstanding the verdict or for a new trial in a medical malpractice suit because the plaintiff failed to raise objections during the trial (Katherine Sondergaard v. Arnold J. Herbstman M.D., No. 2-15-1263, Ill. App. 2nd Dist.; 2017 Ill. App. Unpub. LEXIS 23).
CHICAGO - A cardiologist who pleaded guilty to one count of health care fraud for fraudulently billing Medicare and other insurance companies was ordered by a federal judge in Illinois to turn over three retirement funds valued at $300,738.60 after finding that forfeiture of the funds would not result in an overpayment of the $12 million he owes in restitution (United States of America v. Sushil Sheth, No. 09 CR 69-1, N.D. Ill.; 2017 U.S. Dist. LEXIS 2281).