503 results for 'court:"USDC Northern District of Illinois"'.
J. Pallmeyer addresses a nutrition company’s motion to dismiss a product liability complaint brought by the parents of a child who developed necrotizing enterocolitis from drinking the company’s tainted baby formula. This consolidated case comprises dozens of individual necrotizing enterocolitis complaints filed in multiple districts, and this motion in particular concerns whether the venue for a specific complaint should be the District of Kansas, as the nutrition company argues, or the District of Western Missouri, as the parents argue. The court has decided Kansas is the proper venue as that is where the majority of the case's action took place, so it dismisses the individual complaint from Missouri with the inclination to allow the parents to file an amended complaint in the proper venue.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: August 3, 2023, Case #: 1:22cv2011, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction, Venue
J. Gilbert denies a motion for a protective order as to a testimony subpoena, brought by a third-party employee of the Cook County Inspector General’s Office. The employee claims giving his testimony in the underlying employment discrimination suit against the county would violate the deliberative process privilege, but the court disagrees.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: August 3, 2023, Case #: 1:21cv3935, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Discovery
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J. Alonso partially grants an insurance company’s motion for summary judgment, and denies a food company’s cross-motion for summary judgment, on the insurance company’s claims that it owes no duty to defend or cover the food company in an underlying biometric privacy class action. The court finds that the insurance company has no duty to defend the food company only regarding on the underlying complaint’s breach of contract claims. Factual disputes bar summary judgment on the other claims.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: July 31, 2023, Case #: 1:22cv1334, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Shah denies a mortgage firm’s motion to stay this foreclosure case pending a parallel case in state court, but grants its motion to dismiss a homeowner’s fraud claim against it. The court finds that the homeowner’s fraud case is time-barred, as she was aware of the mortgage firm’s allegedly fraudulent tactics to foreclose on her property more than three years prior to filing suit.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: July 31, 2023, Case #: 1:22cv6139, NOS: Insurance - Contract, Categories: Fraud, Insurance, Foreclosure
J. Ellis denies a wrongfully convicted man’s motion for partial summary judgment on his civil rights claims against multiple Chicago police officers. The man spent almost 30 years in prison after being wrongfully convicted for the murder of one man and the attempted murder of another. He claims that police suppressed a lineup report indicating another person’s guilt, but the court finds it cannot yet determine the truth of this claim as a matter of law.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: July 31, 2023, Case #: 1:20cv4156, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Valderrama grants fast-fashion retailer Shein’s motion for a temporary restraining order against Temu, a Chinese online retailer, finding Shein company has reasonably alleged that it is being harmed by the retailer’s use of marks that mimics the “SHEIN” brand.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: July 31, 2023, Case #: 1:22cv7119, NOS: Trademark - Property Rights, Categories: Copyright, Trademark, Business Practices
J. Johnston partially grants a group of pharmacy companies’ motion to dismiss antirust claims brought by a collection of Medicare benefit providers. The providers claim the pharmacy companies violated consumer protection laws by raising the price of the rare pediatric medication Acthar from only $750 per vial to almost $39,000 per vial. The court finds the providers have sufficiently alleged their direct purchaser claims to survive dismissal, but tosses their indirect purchaser claims without prejudice.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: July 28, 2023, Case #: 3:20cv50056, NOS: Antitrust - Other Suits, Categories: Antitrust, Fraud, Consumer Law
J. Kendall partially grants the EEOC's motion for summary judgment on an industrial packaging company's affirmative defense in this ADA violation suit, and denies the packaging company's motion for summary judgment on all the EEOC's claims. The EEOC claims the packaging company failed to accommodate a disabled employee, and then fired him over it. The EEOC met its pre-suit obligation to attempt conciliation with the company.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: July 27, 2023, Case #: 1:21cv5552, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Hunt partially grants a group of Doe stock market traders' motions to dismiss securities fraud claims brought by a stock broker firm. The firm claims the Doe traders made and cancelled trades in rapid succession amid a market dip in 2015, creating a false market midpoint for S&P 500 index options and allowing the Does to sell the put options at artificially inflated prices. The stock firm has plausibly alleged its manipulation, scienter and loss causation claims, but not its Illinois Securities Laws of 1953 violation claim.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: July 27, 2023, Case #: 1:20cv4947, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Securities, Trade
J. Tharp partially grants an Illinois village's motion for summary judgment on disability and sex discrimination claims brought by a former village police officer. The former officer claims she was denied a light duty position after she was injured on the job and was eventually fired. She has reasonably alleged that the police department failed to accommodate her when her injury seemed like it would mend. There are still factual disputes as to whether her sex played a role in that failure to accommodate. However, the village was within its rights to fire her after it became apparent her disability was permanent, as no permanent light duty positions were available and the law does not compel the village to create any such positions.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: July 27, 2023, Case #: 1:18cv4490, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Seeger partially grants a pair of former executives' motion to dismiss fraud, conversion and conspiracy charges brought by the packaging company they once led. The company filed the charges against the former executives, both of whom it previously let go, after discovering they had set up a digital back door into its confidential files. This back door, in the form of a bogus employee email account, allowed the executives to access company information long after they had been let go. The company has plausibly alleged its fraud claims, but its conversion and civil conspiracy claims are both blocked by the Moorman doctrine.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: July 26, 2023, Case #: 1:22cv6858 , NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Fraud, Trade Secrets, Conversion
J. Jenkins grants Chicago and a group of Chicago officers' motion for summary judgment on a number of civil rights claims brought by a man wrongly held in pretrial detention for five years. Despite the years the man waited without a trial, the police by-and-large acted reasonably in detaining him on suspicion of a robbery. Also, several of the officers are entitled to qualified immunity regardless.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 25, 2023, Case #: 1:19cv4001, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Seeger partially declines an insurance company's motion to dismiss a suit brought by a woman whose roof was damaged in a storm. The insurance company decided the damage to the woman's roof didn't rise above her deductible under her policy, but the woman alleges the insurance company is trying to cheat her out of the coverage she is owed. The insured has sufficiently alleged her breach of contract and Illinois insurance code violation claims, but not her fraud claim.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: July 25, 2023, Case #: 1:22cv3744, NOS: Insurance - Contract, Categories: Fraud, Insurance, Contract
J. Kennelly partially grants a hospital system's motion to dismiss a class of medical patients' privacy claims. The class alleges that the hospital system clandestinely sold its members' anonymized medical data to Facebook and Google to use for advertising purposes. The class has failed to allege most of its specific privacy claims, and lacks standing for most of its fraud claims, but its breach of contract and Illinois Eavesdropping Act violation claims may proceed.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: July 24, 2023, Case #: 1:22cv5380, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Privacy, Class Action
J. Kendall grants the plaintiff auto parts manufacturer's motion to partially dismiss the defendant auto parts manufacturer's patent counterclaims. The plaintiff manufacturer accuses defendant of infringing on its patents for plastic automobile fasteners, and in response defendant filed counterclaims alleging plaintiff's patents are unenforceable. Several of those counterclaims are dismissed, as defendant has failed to state a claim.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: July 24, 2023, Case #: 1:20cv5416, NOS: Patent - Property Rights, Categories: Fraud, Patent, Business Practices
J. Pallmeyer grants a real estate company’s motion for summary judgment on its contract claims against its former employee, and denies the former employee’s cross-motion for judgment on the same claims. The company gave the employee a $1 million loan — later increased to $1.375 million — in 2018 as incentive to join its Denver office, with the stipulation that it was forgivable if the employee left the company “for good reason.” The former employee left the company over a year later, but the company claimed it was not for good reason and demanded he pay back the remainder of the loan which had not yet returned. After considering both parties’ arguments, the court agrees with the company that the employee’s departure was not for good reason.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: July 21, 2023, Case #: 1:20cv3540, NOS: Negotiable Instrument - Contract, Categories: Employment, Banking / Lending, Contract
J. Jenkins partially grants BMW’s motion to dismiss an amended patent infringement complaint brought against it by a auto part manufacturer. The court dismisses the claims related to three individual patents — for engine valve timing calculation methods, an electronic throttle control system and a power consumption measuring device — and dismisses another complaint until the part manufacture can address the court’s questions of jurisdiction, but allows the other claims to survive.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 21, 2023, Case #: 1:22cv3804, NOS: Patent - Property Rights, Categories: Patent, Business Practices
J. Gettleman grants the U.S. Immigration Service’s motion for summary judgment on six civil rights claims brought by a group of tax-exempt religious institutions, while denying the religious institutions’ motion for summary judgment on the same claims. U.S. immigration law since 1991 has forbidden foreign-born religious workers from applying for their green cards concurrently with their employers filing paperwork to confirm them as religious workers. Other categories of foreign workers can file for green cards at the same time as their employers file the corresponding paperwork. The religious institutions claim the discrepancy infringes on religious freedom protections by placing undue time constraints on foreign-born ministers’ visas, and risking interruption of the religious services they provide. The court rejects this argument for a number of reasons, including by denying that plaintiffs have been substantially burdened by the ban on concurrent filing, and by arguing that visa pressure does not prohibit foreign-born ministers from expressing their faith.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: July 20, 2023, Case #: 1:21cv3650, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Immigration, First Amendment
J. Bucklo grants Ford's motion to dismiss the claims of a named plaintiff in this product liability suit, as punishment for the named plaintiff spoliating evidence. Specifically, the named plaintiff traded in his Ford F-150 vehicle in October 2021 before his lease ended and without alerting Ford’s attorneys. As this class action case is about Ford allegedly selling and leasing F-150 trucks with faulty transmissions, and the plaintiff’s truck was a piece of evidence relevant to the case, the court finds that dismissing the plaintiff from the suit is a reasonable form of sanctions.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: July 20, 2023, Case #: 1:19cv5045, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Sanctions, Product Liability, Class Action
J. Leinenweber denies a metal recycling plant’s motion for summary judgment for labor violation claims brought by one of its former employees. The employee alleges that the recycling plant failed to pay him for all the overtime hours he worked as a supervisor on the shop floor, while the plant argues that the employee’s supervisor position made him an executive employee exempt from overtime regulations. The plant has not convincingly argued this position.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: July 19, 2023, Case #: 1:20cv5689, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Alonso denies a plastic packaging manufacturer’s motion to dismiss its former chief financial officer’s claims for age and gender discrimination and wrongful termination. The former CFO of the manufacturer claims she was never offered stock options or a severance agreement like her male colleagues, that her pay was only equalized with the men after she complained multiple times about the discrepancy, and that she was ultimately fired to make way for a much younger CFO. The former CFO has shown adequate standing to make her claims.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: July 19, 2023, Case #: 1:22cv3726, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination