CHICAGO - An Illinois federal judge on Jan. 5 held that a professional liability insurer has no duty to defend or indemnify against an underlying complaint alleging that the insureds misrepresented important data that an insurer used to calculate premiums (Westport Insurance Corp. v. M.L. Sullivan Insurance Agency Inc., d/b/a Sullivan & Associates Insurance and Risk Management, et al., No. 15-7294, N.D. Ill., Eastern Div.; 2017 U.S. Dist. LEXIS 1527).
WASHINGTON, D.C. - An Illinois federal judge erroneously granted a defendant summary judgment that myriad claims of a patented method for using a graphical indicator to encode information are invalid as indefinite, the Federal Circuit U.S. Court of Appeals ruled Jan. 5 (Sonix Technology Co. Ltd. v. Publications International Ltd., et al., No. 16-1449, Fed. Cir.).
CHICAGO - An Illinois federal judge on Dec. 30 certified an excessive deduction class but not an overtime class in a lawsuit brought by a tile store sales associate against his employer (Adriel Osorio, et al. v. The Tile Shop, LLC, No. 15-15, N.D. Ill.; 2016 U.S. Dist. LEXIS 180077).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Dec. 21 affirmed an Illinois federal judge's ruling that three Teamster pension and welfare funds are entitled to collect shortfalls in contributions due from an employer under collective bargaining agreements, finding the employer's audit report to be unreliable (Teamsters Local Union No. 727 Health and Welfare Fund, et al. v. L&R Group of Companies, No. 16-2037, 7th Cir.; 2016 U.S. App. LEXIS 22870).
MADISON, Wis. - A judge erred both in rejecting a motion to amend or add findings to a ruling and in the original order granting judgment to an asbestos-insulation manufacturer after a bench trial, a woman claims in Dec. 19 filing with the Seventh Circuit U.S. Court of Appeals (Gary Souja, et al. v. Owens-Illinois Inc., No. 16-4177, 7th Cir.).
CHICAGO - An individual copyright defendant won dismissal of allegations on Dec. 20 by an Illinois federal judge, who cited a lack of evidence that the individual used a corporate defendant "as an instrument" to carry out "willful and deliberate" infringement (Live Face On Web LLC v. KAM Development LLC, et al., No. 16-8604, N.D. Ill.; 2016 U.S. Dist. LEXIS 175619).
CHICAGO - The parents of a deceased professional hockey player on Dec. 15 asked a federal judge in Illinois to remand their suit against the National Hockey League (NHL) to the Cook County Circuit Court because of the federal court's earlier finding that all of the remaining claims in their second amended complaint arise from state law (Len Boogaard, et al. v. National Hockey League, et al., No. 13-C-4846, N.D. Ill.).
CHICAGO - A debt collector must pay class damages for unlawful debt collection practices made by a third party on its behalf, an Illinois federal judge ruled Dec. 15 (Mary T. Janetos, et al. v. Fulton Friedman & Gullace, LLP, et al., No. 12-1473, N.D. Ill.; 2016 U.S. Dist. LEXIS 173718).
JACKSON, Miss. - A railroad cannot offset a $50,000 Federal Employers' Liability Act (FELA) asbestos verdict with monies collected from asbestos bankruptcy trusts, a divided Mississippi Court of Appeals held Dec. 13 (Illinois Central Railroad Co. v. Bennie Oakes, deceased, by and through Clara Hagan, his representative, No. 2015-CA-00644-COA, Miss. App.).
CHICAGO - An Illinois federal magistrate judge on Dec. 13 denied an insurer's motion to compel the production of unredacted documents and emails after determining that the documents and emails are protected under the work product doctrine because they were prepared in anticipation of litigation regarding coverage for the contamination of the insured's blood products (Baxter International Inc., v. AXA Versicherung, No. 11-cv-09131, N.D. Ill.; 2016 U.S. Dist. LEXIS 172234).
PHILADELPHIA - A company's failure to comply with a state court motion to compel does not warrant sanctions because the request is overly broad, but going forward, the company must produce documents relevant to product identification testimony in an asbestos case, a federal magistrate judge held Dec. 6 (William Ney, et al. v. Owens-Illinois Inc., et al., No. 16-2408, E.D. Pa.; 2016 U.S. Dist. LEXIS 169371).
CHICAGO - An Illinois federal judge on Dec. 8 addressed several motions to exclude testimony prior to a trial date set in a doctor's lawsuit against a university for discrimination that resulted in her contract not being renewed (Dr. Maria Artunduaga v. The University of Chicago Medical Center, No. 12-8733, N.D, Ill.; 2016 U.S. Dist. LEXIS 169460).
BENTON, Ill. - Neither a company's registration to do business in a state nor its employment of individuals in the state rise to the levels required for jurisdiction, a federal judge in Illinois held in dismissing an asbestos action on Dec. 2 (Sylvia Perez, et al. v. Air And Liquid Systems Corp., et al., No. 16-842, S.D. Ill.; 2016 U.S. Dist. LEXIS 166645).
BENTON, Ill. - Affidavits filed in other cases and courts are sufficient for removal of an asbestos case, a federal judge in Illinois held Nov. 30 (Sylvia Perez, et al. v. Air And Liquid Systems Corp., et al., No. 16-842, S.D. Ill.; 2016 U.S. Dist. LEXIS 165279).
ELGIN, Ill. - An appellate panel in Illinois on Dec. 2 reversed and remanded a ruling for summary judgment in favor of a dog owner after finding that there is a question of fact whether two dog owners should have protected a worker from being chased by their dogs, which caused him to injure his ankle (Sean Schmit v. Jacquelyn Smalarz, et al., No. 13-L-30, Ill. App., 2nd Dist.; 2016 Ill. App. Unpub. LEXIS 2560).
CHICAGO - An Illinois appeals panel held Dec. 5 that it lacks jurisdiction to hear a claimant's appeal in a dispute over insurance coverage for an underlying $8,414,374.50 judgment arising from unsolicited fax advertisements in violation of the Telephone Consumer Protection Act (TCPA), rejecting the claimant's argument that its certificate of service was timely under the "mailbox rule" (Targin Sign Systems, Inc. v. Illinois Casualty Co., No. 1-15-3538, Ill. App., 1st Dist., 1st Div.; 2016 Ill. App. Unpub. LEXIS 2562).
EAST ST. LOUIS, Ill. - After an appeals panel partly dismissed sanctions against an attorney as not properly reflecting the harm incurred by a copyright defendant due to the attorney's discovery misconduct and misrepresentations, an Illinois federal judge on Nov. 23 deemed the attorney's actions to be civil contempt and sanctioned him in amount equivalent to the defendant's remaining costs related to the misconduct (Lightspeed Media Corp. v. Anthony Smith, et al., No. 3:12-cv-00889, S.D. Ill.; 2016 U.S. Dist. LEXIS 162981).