CHICAGO - In a June 15 reply brief supporting its bid to dismiss a class action over a 2015 website hack, a digital smart toys maker tells an Illinois federal court that the plaintiffs have failed to plead any harm in the wake of the theft of their personally identifiable information (PII) (In re VTech Data Breach Litigation, No. 1:15-cv-10889, N.D. Ill.).
CHICAGO - An Illinois judge on June 10 approved the sale of an Australian insurer owned by an insolvent Illinois insurer in liquidation (People of the State of Illinois, ex rel. Andrew Boron, Director of Insurance of the state of Illinois v. Lumbermens Mutual Casualty Co., No. 12-24227, Ill. Cir., Cook Co.).
DETROIT - Marathon Petroleum Co. on June 9 agreed to reduce air pollution at refineries in Illinois, Kentucky, Louisiana, Michigan and Ohio by spending $319 million to install a Flare Gas Recovery System (FGRS) that will capture and recycle gases that would otherwise be sent to combustion devices, according to an amended consent decree filed in Michigan federal court (United States of America v. Marathon Petroleum Company LP, et al., No. 12-cv-11544, E.D. Mich.).
CHICAGO - An insurer argued in a federal court in Illinois on June 6 that an asbestos-related reinsurance dispute should be heard in California and not in Illinois (R&Q Reinsurance Company v. The American Insurance Company, No. 16-cv-04199, N.D. Ill.).
CHICAGO - Two plaintiff side asbestos firms fabricated false exposure histories in a scheme to defraud and obstruct justice, John Crane Inc. (JCI) alleges in a pair of Illinois federal complaints filed June 6 alleging violation of the Racketeering Influenced and Corrupt Organizations Act (John Crane Inc. v. Shein Law Center Ltd, et al., No. 16-5913, John Crane Inc. v. Simon Greenstone Panatier Bartlett, et al., No. 16-5918, N.D. Ill.).
CHICAGO - A woman's displeasure with the court's reading of precedent does not warrant reconsideration of a ruling finding that an asbestos-containing product manufacturer cannot be liable for household asbestos exposures, a federal judge in Illinois held May 31 in denying reconsideration and granting further dismissals (Doris Jane Neumann v. Borg-Warner Morse Tec LLC, et al., No. 15-10507, N.D. Ill.; 2016 U.S. Dist. LEXIS 70458).
CHICAGO - An Illinois federal judge on June 2 denied an insured's motion for reconsideration and reiterated that there is no causal connection alleged in an underlying contamination complaint between the allegations of wrongful entry of pollutants onto a site and the damages sought by the underlying plaintiff (John Sexton Sand & Gravel Corp. v. National Union Fire Insurance Company of Pittsburgh, Pa., et al., No. 14-9827, N.D. Ill.; 2016 U.S. Dist. LEXIS 72015).
CHICAGO - A federal judge in Illinois on May 31 held that the assignee of certain reinsurance recoverables' breach of contract claims against a Brazilian reinsurer are untimely under Illinois law (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 12-cv-06357, N.D. Ill.; 2016 U.S. Dist. LEXIS 70462).
SAN FRANCISCO - A California federal judge held May 27 that there is a material dispute regarding whether an insured concealed the existence of tolling agreements from its insurer before the issuance of an April 29, 2013, insurance policy, denying the insurer's motion for partial summary judgment as to its rescission claim in a products liability coverage dispute (Illinois Union Insurance Co., et al. v. Intuitive Surgical Inc., No. 13-04863, N.D. Calif.; 2016 U.S. Dist. LEXIS 70234).
CHICAGO - An Illinois federal judge on May 27 partially granted and partially denied a motion to dismiss a class complaint filed against a Polish airline over delayed and canceled flights and rejected a proposal to deny class certification, finding that the motion to dismiss phase was the improper time to raise the arguments (Iryna Dochak, et al. v. Polskie Linie Lotnicze LOT S.A., No. 15-4344, N.D. Ill.; 2016 U.S. Dist. LEXIS 69632).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on May 24 vacated a trial court's dismissal of a First Amendment to the U.S. Constitution claim by a former deputy sheriff who claims that he was terminated because of his political affiliation, finding that the plaintiff demonstrated a genuine issue of material fact on the sheriff's intent in firing him (Steven Yahnke v. Kane County, Illinois, et al., No. 15-2162, 7th Cir.; 2016 U.S. App. LEXIS 9517).
CHICAGO - An Illinois appeals panel held May 23 that because an actual conflict exists between the notice required under Illinois and Indiana laws when a new exclusion is added to an insurance policy upon renewal, a lower court should have applied Indiana law in determining whether a Telephone Consumer Protection Act (TCPA) conduct exclusion barred coverage for an underlying class action lawsuit against an insured (Cincinnati Insurance Co. v. Arnold Chapman and C.T. Phoenix of Indiana, Inc., No. 1-15-0919, Ill. App., 1st Dist., 1st Div.; 2016 Ill. App. LEXIS 309).
CHICAGO - An Illinois judge on May 19 approved the settlement of an asbestos-related workers' compensation lien between the liquidator of an insolvent insurer and an out-of-state injury fund (People of the State of Illinois, ex rel. Andrew Boron, Director of Insurance of the state of Illinois v. Lumbermens Mutual Casualty Co., No. 12-24227, Ill. Cir., Cook Co.).
CHICAGO - A group of lead plaintiffs argue in a May 18 brief that their putative class claims related to the breach of a digital smart toys maker's website should not be dismissed, telling an Illinois federal court that they properly alleged contractual claims based on the defendant's failure to keep their personally identifiable information (PII) secure (In re VTech Data Breach Litigation, No. 1:15-cv-10889, N.D. Ill.).
SPRINGFIELD, Ill. - The Illinois Supreme Court on May 19 reversed an appeals court's ruling allowing a plaintiff to pursue a claim for breach of the implied warranty of habitability against a home builder, holding that the first buyer waived the warranty when purchasing the home from the builder (John Fattah v. Mirek Bim, et al., No. 119365, Ill. Sup.; 2016 Ill. LEXIS 518).
CHICAGO - The liquidator of an insolvent insurer told an Illinois court on May 16 that she disallowed a school board's construction delay claim because the schools in question were in use before the period in which the board says the delays took place (People of the State of Illinois, ex rel. Andrew Boron, Director of Insurance of the state of Illinois v. Lumbermens Mutual Casualty Co., No. 12-24227, Ill. Cir., Cook Co.).
CHICAGO - An Illinois federal judge "jumped the gun" in dismissing a trademark infringement dispute between two food distribution companies at the pleading stage, the Seventh Circuit U.S. Court of Appeals ruled May 16 (Hyson USA Inc. v. Hyson 2U Ltd., No. 14-3261, 7th Cir.; 2016 U.S. App. LEXIS 8898).
CHICAGO - An Illinois appeals panel on May 13 affirmed a lower court's ruling that a commercial general liability insurer has no duty to defend against underlying wrongful death and negligence claims arising from a fatal highway accident, rejecting the plaintiff's argument that the insurer is estopped from denying coverage (FHP Tectonics Corporation v. American Home Assurance Co., et al., No. 1-13-0291, Ill. App., 1st Dist., 5th Div.; 2016 Ill. App. Unpub. LEXIS 936).
CHICAGO - An Illinois appeals panel on May 11 determined that a lower court erred in ruling that a conflict of interest required an insurer to hire an insured's counsel of choice to defend against an underlying discrimination lawsuit, further finding that the insurer's decision not to pay for independent counsel was neither vexatious nor unreasonable (Maceo Rainey v. Indiana Insurance Co., No. 1-15-0862, Ill. App., 1st Dist., 3rd Div.; 2016 Ill. App. Unpub. LEXIS 916).
CHICAGO - An Illinois appellate panel on May 11 affirmed three rulings by three different trial court judges each finding that condominium associations cannot pursue claims for breach of the implied warranty of habitability against the architects of the buildings, holding that the ruling in Minton v. Richards Group of Chicago (116 Ill. App. 3d 852, 452 N.E. 2d 835 ) should not be extended to apply to architects (Board of Managers of the Film Exchange Lofts Condominium Association v. Fitzgerald Associates Architects, P.C., et al., Nos. 11-3508, 12-1130, 12-1578, Ill. App., 1st Dist., 3rd Div.; 2016 Ill. App. Unpub. LEXIS 917).