Midwest

March 5, 2013
Katten Hit With Malpractice Suit Over Failed Patent Bid

Tax software developer PTP Oneclick LLC and others accused Katten Muchin Rosenman LLP in Illinois state court of legal malpractice on Tuesday, claiming the firm botched a patent search that preceded a failed application for a patent on their tax software.
February 21, 2013
TrynEx Can't Ward Off Class Cert. In Junk Fax Suit

A federal judge on Wednesday certified a class of plaintiffs accusing snow equipment maker TrynEx Inc. of violating the Telephone Consumer Protection Act by sending unsolicited faxes, rejecting TrynEx's argument that the plaintiffs' lawyers had engaged in professional impropriety and couldn't serve as class counsel.
February 5, 2013
WMS Faces Investor Suit Over $1.5B Scientific Games Deal

A class of potentially thousands of WMS Industries Inc. investors sued the gaming-machine company in Illinois court Tuesday, claiming the company's proposed $1.5 billion merger with Scientific Games Corp. will line executives' pockets but leave shareholders out in the cold.
January 30, 2013
Sedgwick Sued For Malpractice Over Milberg Fraud Coverage

Sedgwick LLP was hit with a malpractice lawsuit Wednesday by syndicates of Lloyd’s of London insurance underwriters accusing it of not advising them properly in an underlying coverage row with Milberg LLP during its legal woes over a criminal kickback scheme.
January 24, 2013
Fugitive Lawyer Indicted After Fleeing '06 Fraud Sentence

A disbarred lawyer from Chicago who fled the country after receiving a 41-month prison sentence in 2003 for defrauding a client was indicted Wednesday with failing to surrender on time, a criminal charge that came down after he turned himself in last month, according to prosecutors.
December 10, 2012
Honeywell, 2 Others Sued Over Deadly Ireland Plane Crash

Honeywell International Inc. and two other aerospace industry firms were targeted in an Illinois lawsuit Thursday alleging that they are liable for aircraft defects behind a fatal February 2011 plane crash in Ireland.
December 5, 2012
Pharmacy Manager Says Walgreen Broke Deal, Copied Biz Model

A pharmacy benefit manager on Monday sued Walgreen Co. in Illinois state court for allegedly flouting contract terms by setting up a national platform that offers discounts to the manager’s rivals and improperly uses the manager’s confidential business model information.
November 26, 2012
Ex-Seyfarth Shaw Atty Says Boss's Lies Got Him Fired

A former Seyfarth Shaw LLP attorney filed a defamation suit Friday targeting the firm and his former supervisor, alleging that he lost his job at the firm because his ex-boss told lies implying he was unable to perform his duties.
November 15, 2012
Psychiatrist Took Kickbacks From Teva, FCA Suit Says

The federal government launched a civil False Claims Act suit against a Chicago psychiatrist on Thursday alleging that he raked in kickbacks from drug companies including Teva Pharmaceuticals Inc. and submitted 190,000 false claims to Medicaid and Medicare while treating nursing home patients.
November 8, 2012
Boeing Blamed for Crash of Russian Superjet in Indonesia

Relatives of victims of the crash of a Russian-made jet during a demonstration flight in Indonesia sued The Boeing Co. on Thursday, alleging it equipped the Sukhoi Superjet 100 with a faulty ground proximity warning system.
November 8, 2012
CORRECTED: Leo Burnett Sues Workers Who Quit With Kellogg Info

Ad agency Leo Burnett Co. Inc. on Tuesday fired a contracts suit at eight employees who abruptly resigned last week, claiming they left so they could use their inside knowledge of a marketing project for Kellogg Co. to form or join another business that Kellogg would be forced to hire.
November 2, 2012
Marriott Sued Over Another Death Linked To Legionnaires'

Marriott International Inc. was sued Thursday by the special administrator for another man who died after allegedly inhaling water vapor contaminated with Legionella bacteria from a fountain in the lobby of the company's Chicago hotel.
October 30, 2012
Japanese Co. To Pay $18M For Auto Parts Price-Fixing

Japanese auto parts manufacturer Tokai Rika Co. Ltd. has agreed to pay $17.7 million to settle criminal charges that it conspired to fix rates for heater control panels and obstruct justice, the U.S. Department of Justice said Tuesday.
October 29, 2012
Barnes & Noble Hit With Suit Over PIN Pad Data Breach

An Illinois consumer targeted Barnes & Noble Inc. with a putative class action Saturday over a security breach affecting PIN pad devices in 63 of its stores, alleging the chain bookseller failed to protect customers' credit and debit card information.
October 16, 2012
3 USA Retirement Employees Charged In $28M Ponzi Scheme

Two principals and a salesman for USA Retirement Management Services are facing criminal charges that they fraudulently raked in more than $28 million from roughly 120 investors in a Ponzi scheme that targeted Illinois and California retirees, prosecutors said Tuesday.
October 10, 2012
No Coverage Owed In Tax Co.'s Lancer Fraud Deal: Interstate

Interstate Fire & Casualty Co. hit American Express Tax & Business Services Inc. with a lawsuit in Illinois state court Tuesday, alleging it owes no coverage for the tax firm's settlement with the receiver of asset management company Lancer Management Group II LLC.
October 4, 2012
Insurer Must Cover Debt Collector's $4M TCPA Deal, Suit Says

Illinois Union Insurance Co. was hit with a suit Wednesday demanding that it pay the $4 million settlement that National Action Financial Services Inc. struck in a class action accusing it of making automated debt collection phone calls.
October 2, 2012
DirecTV Hit With Class Action Over Billing Practices

DirecTV LLC was hit with a putative class action Monday in Illinois accusing it of violating the state's consumer fraud law by using the credit card information of noncustomers without their permission.
September 27, 2012
Insurer Must Cover TCF Settlement Over Portfolio Co. Buy: Suit

Private equity fund Thoma Cressey Fund VIII LP sued Houston Casualty Co. in Illinois state court Wednesday, alleging the insurer has wrongfully refused to cover the settlement of a suit accusing the fund of failing to cough up $7 million it promised a portfolio company.
September 26, 2012
Marriott Hotel Fountain Caused Legionnaires' Death, Suit Says

Marriott International Inc. was hit with a wrongful death suit Wednesday brought by the family member of a man who allegedly died after inhaling water containing Legionella bacteria from the fountain in front of the company's Chicago hotel.

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Expert Analysis

So You Think You Have Replacement Cost Coverage ...

In light of the Illinois Appellate Court's decision in Area Erectors Inc. v. Travelers Property Casualty Co., insureds should know that just because they have a “replacement cost” policy, it doesn’t necessarily mean that they’re entitled to recover the cost from the insurer to replace damaged property, says Neil Posner of Much Shelist PC.
Consumers Go Up In Smoke In Phillips V. Philip Morris

Manufacturers of consumer products scored a double-win in the recent decision of Phillips v. Philip Morris Companies Inc., which has become a useful precedent for companies that find themselves the targets of consumer class actions based upon state consumer statutes, say attorneys with Porter Wright Morris & Arthur LLP.
Fish Yourself Out Of Asian Carp Scare

In a recent report, the U.S. Army Corps of Engineers documented that Asian carp DNA found in the Chicago Area Waterway System could stem from at least six different sources besides live Asian carp. The report's findings should reduce the concern that Asian carp are about to enter the Great Lakes through the CAWS and allow consideration of more sensible alternatives to address the potential migration, says David Rieser of Much Shelist PC.
The Debate Over Mich.'s Right-To-Work Law

It seemed to happen before you could say the words "right to work" — on Dec. 11, 2012, Michigan swiftly became the 24th state to enact right-to-work legislation. While the effects of Michigan’s new status will not occur as quickly, this controversial law is politically significant and likely to bring litigation over its scope, say attorneys with Nemeth Burwell PC.
The Kilbride Court After 2 Years: Pragmatic And Collegial

In the 26 months since Thomas Kilbride became chief justice, the Illinois Supreme Court has decided 80 civil cases. In reviewing those cases, one statistic leaps out, confirming the impression of a highly unified court: 67.5 percent of the court's civil decisions have been unanimous. Significant dissent is rare. Our analysis of the dynamics of the Kilbride court just past its second anniversary suggests several tentative lessons for counsel, says Kirk Jenkins of Sedgwick LLP.
The Ill. Supreme Court 2012: Year In Review

During 2012, the Illinois Supreme Court filed 71 written opinions, 39 in civil cases. Although the total opinion output was down somewhat from recent years, this represents the court's highest number of civil decisions since 2009. And all in all, it was a reasonably good year at the court for the business defense bar, says Kirk Jenkins of Sedgwick LLP.
Western Pa.'s Take On Carbon Dioxide Liability Claims

Presented before the U.S. District Court for the Western District of Pennsylvania in Bell v. Cheswick Generating Station, GenOn Power Midwest, was the question of whether state law nuisance claims for the emission of carbon dioxide were viable in the face of the Clean Air Act. If the Western District’s analysis is correct and applicable to carbon dioxide, such claims will not survive for very long, says J. Wylie Donald of McCarter & English LLP.
Circuits Split On Mooting: Supreme Court To Give Insight

The U.S. Supreme Court’s decision to docket Genesis HealthCare Corp. v. Symczyk has suddenly made mooting one of the hottest topics in wage and hour litigation. In Genesis, the court will determine the application of the mooting strategy in a putative wage and hour collective action — a decision upholding mooting may result in a sea change in wage and hour litigation, say attorneys with Baker & McKenzie.
Case Study: Quade V. Secura Insurance

In Quade v. Secura Insurance, the Minnesota Supreme Court's decision placed issues of causation and extent of damages of property within the authority of insurance appraisers, but questions remain regarding when a liability determination is "incidental" to the analysis of amount of loss, says Emily Cowing of Robins Kaplan Miller & Ciresi LLP.
Case Study: Tussey V. ABB

A Missouri federal judge's decision in Tussey v. ABB Inc. serves as an important reminder to practitioners and to employers of the type of supervision that courts will demand from retirement plan fiduciaries, and the peril of facts that can be used to convince a court that plan fiduciaries are protecting their employer or themselves at the expense of the plan’s participants, say attorneys with Alston & Bird LLP.

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