503 results for 'court:"USDC Northern District of Illinois"'.
J. Kennelly denies a pharmaceutical company’s and patients’ motion to exclude the testimony of expert witnesses in a litigation by patients who say they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The pharmaceutical company's motion for summary judgment on patients’ claims for express and implied breach of warranty, negligent misrepresentation, fraud, consumer protection and unjust enrichment is granted. However, the patients’ motion for summary judgment on claims of fail-to-warn, strict liability, loss of consortium and punitive damages shall be denied and returned to the home districts. The punitive damages question shall be transferred to the Middle District of Florida. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:14cv1748, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Damages, Product Liability, Experts
J. Ellis grants in part a group of employees from the University of Illinois Chicago motion to dismiss defamation and false light claims brought by a law professor alleging retaliation and compelled speech. The professor’s alleged racist statements fail to constitute speech of public concern, so his retaliation claim shall be dismissed. UIC employees therefore have qualified immunity on the compelled speech claims, so they are dismissed in their individual capacities. All other claims are dismissed.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: November 1, 2023, Case #: 1:22cv475, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment, Defamation
J. Kennelly grants in part a pharmaceutical company's motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert's testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company's motion for summary judgment on patients' punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:15cv9699, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Class Action
J. Kennelly grants in part a pharmaceutical company’s motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drug AndroGel. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert’s testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company’s motion for summary judgment on patients’ punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:17cv4117, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Class Action
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Gilbert grants Ford’s motion to dismiss a former worker’s second amended complaint seeking to enforce a contract settlement agreement claiming that the parties made a mutual mistake by omitting certain language. Any disputes dated before the settlement that support a claim of reform must be enforced. The former worker has 20 days to file an amended complaint, if she fails to file the complaint then the complaint will be dismissed.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: October 30, 2023, Case #: 1:22cv3190, NOS: Employment - Civil Rights, Categories: Employment, Settlements
J. Rowland issues final judgment in favor of a church on its substantial burden claim under the Religious Land Use and Institutionalized Persons Act against Chicago, limiting damages to $14,590. It successfully argued that the city imposed restrictive parking limits on religious assemblies. The parties are ordered to file a joint status report by Nov. 9, 2023, for the motion of fees and the civil case terminated.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: October 30, 2023, Case #: 1:17cv932, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Damages
J. Kendall grants a consulting firm and its president’s motion to dismiss in this employment contract lawsuit brought by a former regional sales leader. The unjust enrichment, Illinois Wage Payment and Collection Act violation and retaliation claims are dismissed with prejudice because he fails to allege a contract or employment agreement. Therefore, those claims could not survive a third motion to dismiss. The breach of contract and fraudulent misrepresentation are new claims to be dismissed without prejudice, therefore these claims can be amended by a second complaint by Nov. 20, 2023.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: October 30, 2023, Case #: 1:22cv6988, NOS: Employment - Civil Rights, Categories: Employment, Contract, Employment Retaliation
J. Leinenweber grants the county’s motion of summary judgment brought by a former senior budget analyst alleging violations in the Americans with Disabilities Act disability discrimination, Family Medical Leave Act retaliation and defamation. The former analyst fails to show evidence is sufficient to support his claims, and it does not show the cause for termination was due to ADA or FMLA. As for the defamation claim, he fails to show any harm from statements made against him.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: October 26, 2023, Case #: 1:21cv6503, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Hunt denies a foreign company’s motion to stay in this declaratory judgment foreign proceeding lawsuit brought by an information system company. The court is requested to stay in this proceeding for the following reasons: “(1) resolution of the Indian contract case under the principle of ‘international comity,’ and (2) confirmation that [the company] has authority to engage in this litigation.” The foreign company failed to verify the authority of the applicable law to engage in this lawsuit.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: October 26, 2023, Case #: 1:22cv61, NOS: Other Contract - Contract, Categories: International Law, Due Process, Contract
J. Maldonado grants in part the National Nurses Organizing Committee’s motion to dismiss race discrimination and retaliation under Title VII claims brought by a former registered nurse. The former nurse, a Black woman, alleges she was sexually assaulted by a county jail detainee and was fired after filing an incident report. The committee failed to perform proper duties and did do them with a discriminatory intent. The county’s motion to dismiss is denied in full.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: October 26, 2023, Case #: 1:22cv3232, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Assault, Employment Retaliation
J. Jenkins grants summary judgment in favor of an insurance company in this suit that one of their insured customer’s adulterated products and sold them to an oral hygiene supply company. The supply company recalled the kits that were tainted and disposed of the solutions as required by government guidelines. The evidence is undisputed that there was no “occurrence” within the insured’s policy and the insurance company does not have to make any payments. The case is terminated for further proceedings.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: October 25, 2023, Case #: 1:19cv5308, NOS: Other Contract - Contract, Categories: Evidence, Insurance, Contract
J. Durkin grants a broiler chicken distributor’s motion to dismiss antitrust claims against it for allegedly conspiring to fix chicken prices higher than the market would otherwise support. The class of purchasers has not established antitrust standing for the purposes of their Sherman Act claims, nor for relevant state antitrust claims. The broiler chicken distributors are entitled judgment related to damages prior to Sept. 2, 2012, which is when they learned of the alleged conspiracy, and to violations of the Sherman Act and antitrust violations.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: October 23, 2023, Case #: 1:16cv8637, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Agriculture, Antitrust
J. Hunt grants in part the company’s motion to dismiss a class action brought by consumers who say Sealy-brand bedsheet sets are falsely and misleadingly advertised. The motion is granted with respect to the consumers’ claims under the Illinois Consumer Fraud and Deceptive Business Practices Act and unjust enrichment. The consumers failed to have a warranty claim because “the phrase ‘1250 thread count sheet set’ does not warrant that the sheets are defect-free or will perform for a specified level over a specific time.”
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: October 23, 2023, Case #: 1:22cv2937, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Class Action, False Advertising
J. Leinenweber denies a Mexican airline’s motion for leave to take a second deposition on this negligence case brought by a survivor of a 2018 airplane crash. The survivor was on the plane headed from Durango, Mexico, to Chicago and she suffered multiple physical and emotional injuries when the airline’s plane crashed shortly after takeoff, including a brain injury. The court grants the survivor’s motion to quash the airline’s subpoena seeking a second deposition.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: October 17, 2023, Case #: 1:18cv5540, NOS: Airplane - Torts - Personal Injury, Categories: Emotional Distress, Experts, Aviation
J. Harjani grants an employer’s motion to compel complete discovery of the former employee’s job search and mitigation efforts for his monetary damage claims. The employee failed to produce actual evidence of his efforts and shall follow up and produce the information by Nov. 6, 2023. The employee’s cross motion to compel is granted in part as to route schedules and similar complaints of other employees. The employer must comply with this ruling by Nov. 6, 2023. An agreed confidentiality order must be proposed by Oct. 23.
Court: USDC Northern District of Illinois, Judge: Harjani, Filed On: October 16, 2023, Case #: 1:21cv6277, NOS: Employment - Civil Rights, Categories: Employment, Damages, Discovery
J. Bucklo grants an exotic dancer’s motion to dismiss breach of contract and specific performance counterclaims, which her former employer, a strip club, has brought against her. The court also denies the strip club’s motion to remove the exotic dancer as the representative of the putative class pursuing this labor action against it. The dancer, speaking for her class, claims the club wrongly classifies its workers as contractors rather than employees in order to deny them fair pay and benefits, and forces them to hand over a portion of the tips they earn on the job. The club countered that the dancers breached their contracts by failing to accurately record all their tips, but the court finds the club has not shown it has suffered any material harm from this alleged omission. The court also finds the club has not put forward a sufficient reason to exclude the dancer as her class representative.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: October 13, 2023, Case #: 1:20cv5321, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Coleman denies a group of credit holders’ motion for class certification. The group claims a credit bureau misled them about the accuracy and popularity of its “VantageScore 1.0” credit score system, with the prospective class representative specifically alleging that he was denied a car loan because the bureau did not tell him that his VantageScore differed significantly from the FICO score that the auto loan dealer used. However, the court finds that the prospective class representative’s testimony is inconsistent, and that he has not sufficiently shown the adequacy of his proposed class.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: October 12, 2023, Case #: 1:14cv1850, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Banking / Lending, Class Action
J. Tharp partially grants a group of logistics workers’ motion for class certification against their employer, a trucking company. Workers from several of the company’s facilities claim they were illegally made to work without pay before the start and after the end of their shifts, and were subject to automatic time deductions for lunch breaks they should have been paid for. The court, after getting into the composition of the proposed class, allows only workers from the company’s Baltimore, New Orleans and Woodland, California, to join the class.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: October 6, 2023, Case #: 1:20cv7711, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Transportation, Labor
J. Daniel partial grants a candy company’s motion to dismiss a former gay, Black office employee’s hostile work environment and failure to hire claims. The former employee claims he was forced to use his personal phone for work without reimbursement, while non-Black employees were reimbursed, was passed over for promotion, and was also targeted for harassment by his coworkers on the basis of his race and sexual orientation. The court finds the former employee has not sufficiently pleaded his failure to hire claim, but allows the hostile work environment claim to mover forward.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 5, 2023, Case #: 1:22cv4875, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Coleman partially grants the sued HVAC manufacturer’s motion to dismiss numerous contract dispute claims brought by a mechanical contractor. The mechanical contractor accuses the manufacturer of supplying it with defective HVAC units, and then falsely blaming it for the resulting delay to the parties’ client. The court dismisses the contractor’s estoppel and breach of warranty claims, but allows the defamation and contract claims to move forward.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: October 5, 2023, Case #: 1:22cv6421, NOS: Other Contract - Contract, Categories: Defamation, Warranty, Contract
[Consolidated.] J. Shah grants the Southeastern Conference’s motion to dismiss eight former college football players’ claims for fraud, negligence, breach of contract and unjust enrichment. The ex-football players all suffered concussions while on their respective college teams and accuse the Southeastern Conference of failing to enact “adequate concussion treatment, concussion management safety protocols, and return-to-play guidelines.” Instead they claim the conference, seeking to turn a profit on the players, allowed them to be rushed back into games and practices while they were still injured. The court, however, agrees with the conference that it lacks personal jurisdiction over these claims.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: October 4, 2023, Case #: 1:16cv8727, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Fraud, Negligence
J. Daniel grants the American Board of Psychiatry and Neurology’s motion to dismiss an antitrust class action brought by a class of psychiatrists and neurologists. The class claims the board has illegal monopoly control over issuing certification for practicing psychiatrists and neurologists, via a specific certification program that practitioners must pay for. However, the court finds that the class has failed to sufficiently show how this program is distinct from other “continuing educational products” which are offered by other providers.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 4, 2023, Case #: 1:19cv1614, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Class Action
J. Shah partially grants the Chicago Transit Authority’s motion to dismiss one of its employees’ disability discrimination and retaliation claims against it. The employee took two weeks’ short term disability leave in 2021 in order to recover from the latest in a long line of injuries he has suffered on the job as a mechanic, and also filed for workers’ compensation. A year later, the transit authority fired him. While the employee claims this was retaliation, the court finds he has not sufficiently alleged that claim. His failure to accommodate and disparate treatment claims under the Americans with Disability Act stand.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: October 4, 2023, Case #: 1:23cv1387, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Kennelly splits competing summary judgment motions between a Northwestern University professor pursuing FOIA requests, and several U.S. government agencies seeking to block those FOIA requests. The professor is conducting research into the government’s practice of deporting its own citizens and in pursuit of that research filed FOIA requests with the Department of Health and Human Services, the Department of Homeland Security, Customs and Border Protection, Immigration and Customs Enforcement, the United States Citizenship and Immigration Services, the Department of Justice, and the Executive Office for Immigration Review. The agencies didn’t respond to several of these requests, so he filed suit. The court partially resolves the dispute by dismissing the DOJ and DHS as defendants, ordering the remaining agencies to provide some the information the professor requested, while allowing them to withhold other information. The court will also allow the professor to replead her case for several of the FOIA requests the court denied in this ruling.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: October 2, 2023, Case #: 1:22cv5072, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Immigration, Public Record