LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Partial Dismissal, Tolling Denied In Servers' Wage-And-Hour Class Suit

CHICAGO - A restaurant server may proceed with her class complaint seeking wages for time spent on nonserving duties, an Illinois federal judge ruled Sept. 8; however, the judge ruled that the server's request to toll the statute of limitations was overbroad (Katrina Soto, et al. v. Wings 'R Us Romeoville, Inc., et al., No. 15-10127, N.D. Ill.; 2016 U.S. Dist. LEXIS 121223).

Mealey's Litigation Procedure - Partial Dismissal, Tolling Denied In Servers' Wage-And-Hour Class Suit

CHICAGO - A restaurant server may proceed with her class complaint seeking wages for time spent on nonserving duties, an Illinois federal judge ruled Sept. 8; however, the judge ruled that the server's request to toll the statute of limitations was overbroad (Katrina Soto, et al. v. Wings 'R Us Romeoville, Inc., et al., No. 15-10127, N.D. Ill.; 2016 U.S. Dist. LEXIS 121223).

Mealey's Litigation Procedure - Judge Bars Damages Expert From Testifying On Factors Of Asset Purchase Agreement

CHICAGO - A damages expert may not testify on whether a company would have reduced the value of an asset purchase agreement (APA) had it known about prior credits to alcohol beverage distributors and local marketing funds (LMF), an Illinois federal judge ruled Sept. 6, noting that the statements were speculative and subjective opinions (Luxco Inc. v. Jim Beam Brands Co., No. 14-0349, N.D. Ill.; 2016 U.S. Dist. LEXIS 119615).

Mealey's Insurance - Judge: Dispute Over Fire's Cause Warrants Dismissal Of Man's Counterclaim

CHICAGO - A federal judge in Illinois on Sept. 6 dismissed a man's counterclaim against State Auto Property and Casualty Insurance Co. seeking attorney fees under Section 155 of the Illinois Insurance Code, ruling that the company's delay in making a payment under the policy was not vexatious and unreasonable since a dispute exists as to the cause of a fire that destroyed the man's home (State Auto Property and Casualty Insurance Company v. Anthony Blair Jr., No. 15 C 8026, N.D. Ill.; 2016 U.S. Dist. LEXIS 119885).

Mealey's Labor & Employment - 7th Circuit: Appeal Of Age Bias Suit Is Untimely Despite Court's Extension

CHICAGO - A notice of appeal filed by an employee in her age bias suit that occurred outside of the time limit granted by Federal Rule of Civil Procedure 4(a)(5)(C), but within the extension granted by an Illinois federal judge, is untimely, a Seventh Circuit U.S. Court of Appeals panel ruled Aug. 31 (Charmaine Hamer v. Neighborhood Housing Services of Chicago & Fannie Mae, No. 15-3764, 7th Cir.; 2016 U.S. App. LEXIS 16113).

Mealey's Insurance - 7th Circuit Affirms Lower Court Order Remanding Reinsurance Case

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Sept. 1 affirmed a remand order from a lower court, noting that the reinsurance agreements at issue in the case have service of suit clauses that leave forum selection up to the reinsured (Pine Top Receivables of Illinois, LLC v. Transfercom, Ltd., No. 16-1073, 7th Cir.; 2016 U.S. App. LEXIS 16225).

Mealey's Litigation Procedure - Snapchat Biometrics Class Complaint Dismissed In Favor Of Arbitration

LOS ANGELES - One day after filing a notice of nonopposition to a motion to compel arbitration by Snapchat Inc., the lead plaintiffs in a putative class action on Aug. 30 filed a notice of voluntary dismissal in California federal court, agreeing to pursue their claim against the social network provider under Illinois' Biometric Information Privacy Act (BIPA) via arbitration (Jose Luis Martinez, et al. v. Snapchat Inc., No. 2:16-CV-05182, C.D. Calif.).

Mealey's Litigation Procedure - Final Approval Of $12.1M TCPA Class Settlement Granted; Attorney Fees Reduced

CHICAGO - An Illinois federal judge on Aug. 29 granted final approval of a $12.1 million settlement, ending a consolidated class complaint accusing a mortgage lender of placing unauthorized debt collection calls, but reduced the fees for class counsel from 36 percent to 30 percent of the net settlement fund (Heather Wright, et al. v. Nationstar Mortgage LLC, No. 14-10457, N.D. Ill.; 2016 U.S. Dist. LEXIS 115729).

Mealey's IP/Tech - Illinois Federal Judge Says Meijer, Others Infringed Copyright

SPRINGFIELD, Ill. - A copyright infringement plaintiff on Aug. 25 won partial summary judgment when an Illinois federal judge found that the "undisputed facts" demonstrate that three defendants copied the "particularized expression" of an idea for a clothespin featuring a silhouetted bird design (Design Ideas Ltd. v. Meijer Inc., et al., No. 15-3093, C.D. Ill.; 2016 U.S. Dist. LEXIS 113704).

Mealey's PI/Product Liability - Illinois Appeals Court: In-State Paxil Studies Confer State Court Jurisdiction

CHICAGO - An Illinois state appeals court panel on Aug. 26 affirmed a trial court ruling that it had jurisdiction over GlaxoSmithKline LLP (GSK) in a multiplaintiff Paxil birth defect case in part because GSK conducted Paxil clinical trials in the state that included pregnant study participants (M.M., et al. v. GlaxoSmithKline LLC, et al., No. 1-15-1909, Ill. App., 1st Dist., 5th Div.; 2016 Ill. App. LEXIS 575).

Mealey's PI/Product Liability - Illinois Sues Subsys Maker For Off-Label Promotion Of Opioid Cancer Drug

CHICAGO - The Illinois attorney general on Aug. 25 filed a state consumer fraud complaint asking that Insys Therapeutics Inc. be enjoined from doing business in the state for its off-label promotion of the fentanyl-based opioid Subsys (The People of the State of Illinois v. Insys Therapeutics, Inc., No. 2016-CH-11216, Ill. Cir., Cook Co.).

Mealey's Insurance - Illinois Court Properly Found Contamination Suit Should Be Resolved In New Jersey

CHICAGO - The First District Illinois Appellate Court on Aug. 22 determined that a trial court did not err in dismissing an environmental contamination coverage suit filed by excess insurers because New Jersey, where a similar suit is pending, is the more appropriate venue to resolve the dispute (American Home Assurance Co., et al., v. National-Standard LLC, et al., No. 1-15-1363, Ill. App., 1st Dist., 1st Div.; 2016 Ill. App. Unpub. LEXIS 1733).

Mealey's Litigation Procedure - Motions To Compel Arbitration, Remand Filed In Snapchat Biometrics Suit

LOS ANGELES - In an Aug. 22 motion to compel arbitration filed in California federal court, Snapchat Inc. says that the lead plaintiffs in a putative class action brought under Illinois' Biometric Information Privacy Act (BIPA) are bound to arbitrate their dispute with the social network provider, per a provision in Snapchat's terms of use (TOU) (Jose Luis Martinez, et al. v. Snapchat Inc., No. 2:16-CV-05182, C.D. Calif.).

Mealey's Litigation Procedure - Only 3 Documents Sought By Insured Must Be Produced, Illinois Federal Judge Says

CHICAGO - An Illinois federal judge on Aug. 18 determined that three of 21 documents sought by an insured in an environmental contamination and chemical exposure coverage lawsuit are not privileged materials and must be produced by the insurer (Velsicol Chemical LLC v. Westchester Fire Insurance Co., No. No. 15-2534, N.D. Ill.; 2016 U.S. Dist. LEXIS 109736).

Mealey's Insurance - Only 3 Documents Sought By Insured Must Be Produced, Illinois Federal Judge Says

CHICAGO - An Illinois federal judge on Aug. 18 determined that three of 21 documents sought by an insured in an environmental contamination and chemical exposure coverage lawsuit are not privileged materials and must be produced by the insurer (Velsicol Chemical LLC v. Westchester Fire Insurance Co., No. No. 15-2534, N.D. Ill.; 2016 U.S. Dist. LEXIS 109736).

Mealey's IP/Tech - Illinois Federal Judge Awards $100,000 On Counterfeiting Claims

CHICAGO - An online retailer that sold earrings bearing a fake Tory Burch trademark was ordered Aug. 22 by an Illinois federal judge to pay two plaintiffs $100,000 in statutory damages, as a result of the retailer's failure to ensure that its product offerings were not counterfeit (River Light V L.P., et al. v. I Love You To The Moom And Back, No. 15-5918, N.D. Ill.; 2016 U.S. Dist. LEXIS 111301).

Mealey's IP/Tech - Illinois Federal Judge Dismisses Counterclaim Asserting Trade Dress Unenforceability

CHICAGO - A trade dress infringement defendant's request for declarations of trade dress noninfringement, invalidity and unenforceability was turned away Aug. 22 by an Illinois federal judge, who concluded that the defendant "is essentially seeking an inappropriate advisory opinion" that would do nothing to resolve the parties' dispute (Bodum USA Inc. v. A Top New Casting Inc., No. 16-2916, N.D. Ill.; 2016 U.S. Dist. LEXIS 111153).

Mealey's Insurance - Judge: No Coverage For Claims Arising From Purchase Of Fuel With Invalid ID Numbers

EAST ST. LOUIS, Ill. - An Illinois federal judge on Aug. 18 entered judgment in favor of an insurer after finding that it has no duty to defend or indemnify against claims arising from the insured's purchase of biodiesel fuel with invalidated renewable identification numbers (RINs) (Superior Fuels Inc. v. Nationwide Agribusiness Insurance Co., No. 14-1420, S.D. Ill.; 2016 U.S. Dist. LEXIS 108423).

Mealey's Insurance - Judge: 'Sophisticated' Attorneys Failed To Provide Insurer Timely Notice Of Suit

CHICAGO - An Illinois federal judge on Aug. 15 held that the failure of insureds, "as sophisticated lawyers," to review the terms of their commercial general liability insurance policy against underlying claims against them for eight months is unreasonable as a matter of law, finding that their insurer has no duty to defend or indemnify them (Sentinel Insurance Company, LTD. v. Michael Cogan, et al., No. 15-8612, N.D. Ill., Eastern Div.; 2016 U.S. Dist. LEXIS 107761).

Mealey's Litigation Procedure - Illinois Federal Judge Allows Expert's Opinion On Sole Cause Of Admiralty Accident

CHICAGO - In an admiralty case, an expert may opine that the sole cause of an incident was a lockmaster's failure to reduce the flow of water through a dam so that a vessel and a tow could safely enter a canal, an Illinois federal judge ruled Aug. 16 (In the matter of the complaint of Ingram Barge Co. as owner of the M/V Dale A. Heller and the IB9525, IN025300, IN085089, IN095041, IN096081, IN107057, and IN117513, petitioning for exoneration from or limitation of liability, No. 13-3453 c/w In the matter of American Commercial Lines, LLC, as owner and Inland Marine Service, Inc., as owner pro hac vice of the M/V Loyd Murphy for exoneration from or limitation of liability, No. 13-4292, N.D. Ill.; 2016 U.S. Dist. LEXIS 107984).

Mealey's PI/Product Liability - Judge Finds Bad Faith Attempt To Defeat Removal In Claims Against Crown Cork

PHILADELPHIA - A man's failure to pursue litigation against a company and the existence of a clear statutory bar to recovery warrants a finding that the defendant was added in a bad faith attempt to defeat removal, a federal judge in Philadelphia held Aug. 11 (In re: Asbestos Products Liability Litigation (No. VI); William Ney, et al. v. Owens-Illinois Inc., et al., No. MDL 875, 16-2408, E.D. Pa.).

Mealey's Toxic Tort/Environmental - Judge Finds Bad Faith Attempt To Defeat Removal In Claims Against Crown Cork

PHILADELPHIA - A man's failure to pursue litigation against a company and the existence of a clear statutory bar to recovery warrants a finding that the defendant was added in a bad faith attempt to defeat removal, a federal judge in Philadelphia held Aug. 11 (In re: Asbestos Products Liability Litigation (No. VI); William Ney, et al. v. Owens-Illinois Inc., et al., No. MDL 875, 16-2408, E.D. Pa.).

Mealey's IP/Tech - Illinois Federal Judge: Television Commercials Not Substantially Similar

CHICAGO - Allegations that Steak n Shake Inc. infringed the copyrighted television advertisement of a competitor were rejected Aug. 5 by an Illinois federal judge, who deemed the commercials dissimilar (Culver Franchising System Inc. v. Steak n Shake Inc., No. 16-75, N.D. Ill.; 2016 U.S. Dist. LEXIS 103091).

Mealey's Insurance - Questions Of Fact Exist As To Whether Measures Are Remediation Costs, Panel Says

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Aug. 4 vacated a Louisiana federal judge's ruling in favor of an insured seeking coverage for mitigation projects undertaken to address alleged violations of the Clean Air Act (CAA) because questions of fact exist as to whether the measures undertaken by the insured are "remediation costs" as defined by the policy at issue (Louisiana Generating LLC, et al. v. Illinois Union Insurance Co., et al., No. 15-30914, 5th Cir.; 2016 U.S. App. LEXIS 14344).

Mealey's PI/Product Liability - Testosterone MDL Judge Picks 1st 8 AndroGel Bellwether Cases

CHICAGO - The Illinois federal judge overseeing the testosterone multidistrict litigation on Aug. 4 identified eight AbbVie heart attack, stroke and blood clot cases for the MDL's first bellwether trials starting next year (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL Docket No. 2545, No. 14-1748, N.D. Ill., Eastern Div.).