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Midwest
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September 6, 2012
Genentech, Xoma Beat Raptiva Warning Suit In 6th Circ.
The Sixth Circuit on Thursday dismissed a failure-to-warn suit against biotech companies Genentech Inc. and Xoma (U.S.) LLC over psoriasis treatment Raptiva, saying federal law preempts state law fraud-on-the-U.S. Food and Drug Administration claims unless the FDA itself makes a fraud finding.
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September 6, 2012
EEOC Seeks Clarification Of Unidentified Class Member Rule
The U.S. Equal Employment Opportunity Commission sought permission Thursday to appeal an Illinois federal court’s partial dismissal of a class action alleging United Parcel Services Inc. discriminated against disabled employees, saying a higher court should decide if the EEOC could pursue claims against unidentified individuals.
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September 6, 2012
Another Ex-Krahl Construction Manager Cops To Billing Fraud
A former project manager for defunct general contractor Krahl Construction on Thursday became the latest ex-employee to enter a plea agreement in Illinois federal court, admitting his role in an alleged multimillion-dollar billing inflation scheme.
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September 6, 2012
10th Circ. Says Colo. Can't Regulate Army Chemical Weapons
The Tenth Circuit held Wednesday that Colorado can’t force the U.S. Army to get rid of chemical weapons stored at a depot in the state because a federal law controlling the mustard agent’s destruction preempts the state’s mandate to manage such hazardous material.
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September 6, 2012
Judge Won't Toss Taiwanese Car Parts Price-Fixing Suit
A Wisconsin federal judge refused Wednesday to dismiss a consolidated proposed class action alleging price fixing by Taiwanese aftermarket sheet metal auto parts makers, saying the plaintiffs had properly pled their claims.
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September 6, 2012
Owens-Illinois, Honeywell Escape $90M Asbestos Verdict
An Illinois county judge has tossed part of a nearly $90 million jury verdict in a suit alleging that Owens-Illinois Inc., Honeywell International Inc. and two other companies conspired to conceal potential asbestos risks, Owens-Illinois said Tuesday.
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September 5, 2012
6th Circ. Revives Fifth Third ERISA Class Action
The Sixth Circuit on Wednesday revived a proposed class action by Fifth Third Bancorp employees claiming the company’s retirement plan lost tens of millions of dollars by investing in its own stock in 2007 despite its risks as a subprime lender, in violation of the Employee Retirement Income Security Act.
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September 5, 2012
Harley Notches Win In 7th Circ. Trademark Row With Licensee
The Seventh Circuit on Wednesday upheld a Wisconsin district court's temporary restraining order and injunction against a former Harley-Davidson Motor Co. merchandise licensee in Greece that the motorcycle giant has accused of manufacturing apparel it did not approve.
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September 5, 2012
8th Circ. Blocks Minn. Campaign Finance Law
A divided Eighth Circuit on Wednesday blocked provisions of a Minnesota campaign finance law, saying its reporting requirements infringe on the rights of businesses and associations to engage in political speech and potentially run afoul of the U.S. Supreme Court's landmark decision in Citizens United.
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September 5, 2012
DOI Lease Cancellation Suit Time-Barred, 10th Circ. Affirms
The Tenth Circuit on Wednesday upheld a lower court decision denying a challenge to the U.S. Department of the Interior’s cancellation of 77 oil and gas drilling leases in Utah over environmental concerns, ruling that the challenge was time-barred.
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September 5, 2012
Peregrine Trustee Gets OK For GC Salary Boost
An Illinois bankruptcy judge on Wednesday gave Peregrine Financial Inc.'s trustee approval to boost the company general counsel's pay by about $20,000 from last year, rejecting an objection by creditors who said the in-house attorney could still leave the collapsed brokerage firm at any time.
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September 5, 2012
Media Has No Right To Search-Warrant Docs, 6th Circ. Says
Newspapers do not have a First Amendment right to documents filed in search warrant proceedings, the Sixth Circuit said Wednesday in a precedential ruling that affirmed the sealing of documents in the criminal probe of alleged Ponzi schemer Timothy Durham.
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September 5, 2012
Cozen O'Connor Bolsters IP, Insurance Groups With 2 Hires
The former managing partner of Chadbourne & Parke LLP's Washington office has joined Cozen O'Connor's global insurance practice group in that city, while a former Sandoz Inc. executive has been recruited for the firm's intellectual property group in Chicago, Cozen O'Connor announced Wednesday.
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September 4, 2012
Honeywell, Abex Dodge $18M Asbestos Verdict
An Illinois appeals court on Friday overturned a $17.9 million jury verdict in favor of a woman who claimed Honeywell International Inc. and Pneumo Abex LLC were responsible for the cancer she allegedly contracted from asbestos-laden products manufactured by the companies.
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September 4, 2012
Former Real Estate Exec Admits To Investment Scam
A former real estate investment businessman pled guilty Tuesday to taking part in a fraud scheme that prosecutors say caused hundreds of investors to lose roughly $14 million.
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September 4, 2012
Teachbook Changes Name To End Facebook Trademark Suit
Facebook Inc. agreed to drop its trademark suit against Teachbook.com LLC on Friday after the social networking site for teachers consented to move forward with a new name, the companies announced in a statement.
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September 4, 2012
Rotating Shifts Can Be Essential Job Function, 8th Circ. Says
The Eighth Circuit on Tuesday ruled that rotating shifts can be an essential function of a job and affirmed the dismissal of an Alliant Energy Corporate Services Inc. worker's suit alleging the company hadn't made reasonable accommodations for her diabetes.
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September 4, 2012
8th Circ. Nixes Tyson Workers' Jury Issue In FLSA Suit
The Eighth Circuit held Tuesday that an appellant can't challenge a jury instruction for being a question of law if the appellant initially requested the instruction, backing a verdict against a class Tyson Foods Inc. workers who brought wage claims against the chicken processor.
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September 4, 2012
Seyfarth Shaw Lands Apotex's Ex-IP Head For Chicago Office
Seyfarth Shaw LLP has added pharmaceutical giant Apotex Inc.'s former intellectual property chief for its Chicago office as it continues to expand its intellectual property practice group, the firm announced Tuesday.
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September 4, 2012
State Street Takes GM Workers' ERISA Suit To High Court
State Street Bank & Trust Co. has asked the U.S. Supreme Court to review a Sixth Circuit decision that revived a putative class action alleging the bank mismanaged General Motors Co. employees' retirement plan, saying the ruling widened existing circuit splits.
Expert Analysis
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Ramifications Of Greenville Lafayette V. Eligin
The Michigan Court of Appeals decision in Greenville Lafayette LLC v. Elgin State Bank reversed a decision of the Montcalm County Circuit Court on the scope of MCL 600.3204(1)(b), Michigan’s “one action” rule applicable to mortgage foreclosure by advertisement proceedings. The decision has thrown U.S. v. Leslie and its progeny — as well as Michigan foreclosure and collection practices — into a cocked hat, say John Gregg and Patrick Mears of Barnes & Thornburg LLP.
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Case Study: In Re Crane
The decision by the U.S. Bankruptcy Court for the Central District of Illinois in In re Crane serves as yet another reminder to secured lenders to strictly comply with the statutory requirements under Illinois or other applicable state law. It is imperative that mortgage lenders examine 765 ILCS 5/11 and other applicable law in Illinois when documenting a mortgage loan, say attorneys with Barnes & Thornburg LLP.
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Fostering Wind Energy Development In The Great Lakes
The Obama administration and five of the eight Great Lakes littoral states have signed a memorandum of understanding intended to streamline the development of offshore wind energy resources in the Great Lakes. The development of even a small portion of the area’s wind potential could create tens of thousands of clean energy jobs and generate revenue for local businesses, says Paul Forrester of Mayer Brown LLP.
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Promoting Ohio Co-Generation Projects
Two senate bills moving through the Ohio General Assembly would promote co-generation projects by qualifying them for use by the state's investor-owned utilities to meet certain requirements under Ohio's landmark energy law. But as SB 289 and SB 315 move through the legislative process, it is unclear how lawmakers will reconcile the bills, say Terrence O'Donnell and Christopher Montgomery of Bricker & Eckler LLP.
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Defining Role Of Third Parties In Withdrawal Liability
The Sixth Circuit has held that a collective bargaining agreement provision did not violate public policy under the Employee Retirement Income Security Act, an important decision that provides needed clarification on the issue of whether a third party may contractually agree to be held liable for an employer’s withdrawal liability responsibilities, say Jason Rothman and Charles Billington of Ogletree Deakins Nash Smoak & Stewart PC.
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Debating Preclusion Of State Law Securities Claims
In addition to setting a low threshold for application of the Securities Litigation Uniform Standards Act, the Fifth Circuit decision in Roland v. Green highlights the very real possibility that the Supreme Court may weigh in on the proper standard under SLUSA for the “in connection with” or “coincide” requirement and resolve the circuit split on this issue, say Neal Marder and Nicolas Jampol of Winston & Strawn LLP.
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Docket Diving: Strategic Uses Of Online Docket Info
For today’s practitioner, “litigation research” has to involve more than simply searching case opinions and statutes for the applicable law. Online dockets can be used to investigate opposing counsel, litigants, judges and experts, as well as to uncover templates for drafting motions, and assist in client development efforts, say William Berger of Brownstein Hyatt Farber Schreck LLP and David Dilenschneider of LexisNexis.
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The Latest FTC Challenge To A Hospital Merger
The Federal Trade Commission's preliminary injunction against OSF Healthcare System/Rockford Health System is yet another reminder that the FTC has been challenging hospital mergers in what it views to be concentrated markets. This recent victory indicates the FTC will continue to closely examine provider combinations, say attorneys with King & Spalding LLP.
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Souping Up MISO's Interconnection Queue Procedures
The Federal Energy Regulatory Commission has conditionally approved a proposal from the Midwest Independent System Operator to change its generator interconnection queue procedures. For developers, the most critical changes are the new cash-at-risk milestone requirements, says Sarah Johnson Phillips of Stoel Rives LLP.
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Implications Of State Auto V. Flexdar
Ultimately, Indiana law has not changed. The pollution exclusion remains unenforceable because the definition of "pollutant" is ambiguous. The case of State Automobile Mutual Insurance Co. v. Flexdar Inc. is significant, however, because the Indiana Supreme Court alluded to language that it might consider sufficiently specific to be enforceable, say Benjamin Blume and Gary Klinger of Cozen O’Connor.