501 results for 'court:"USDC Northern District of Illinois"'.
J. Johnston denies an Illinois county’s motion for summary judgment in a disability discrimination and retaliation case brought by a former county HR employee. The former employee claims the county fired her, in part, for taking legal FMLA leave, while the county itself cites the former employee’s performance deficiencies. The court finds there are too many factual disputes between the parties’ narratives to make summary judgment appropriate.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: November 13, 2023, Case #: 3:20cv50041, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Rowland partially dismisses this consolidated, multidistrict product liability class action over multiple cosmetic companies’ allegedly carcinogenic hair products. The court dismisses two of the companies as defendants entirely, and also tosses three of the claimants’ negligence per se, fraud and unfair and deceptive trade practices claims. The remaining dozen counts survive.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: November 13, 2023, Case #: 1:23cv818, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Product Liability, Class Action
J. Bucklo grants the U.S. Consumer Financial Protection Bureau’s motion to dismiss a counterclaim brought against it by a credit reporting agency and one of its top executives. The Bureau sued the agency in April 2022 for allegedly grifting its customers; surreptitiously enrolling them in subscription services that were difficult to cancel. The agency and executive subsequently raised a counterclaim arguing they were due a residual redress payment of over $5 million, as well as a dozen affirmative defenses each. The court finds the counterclaim does not address the issues over which the Bureau is bringing suit, and dismisses all but five of the defendants’ collective 24 affirmative defenses as “legally insufficient or improper.”
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: November 9, 2023, Case #: 1:22cv1880, NOS: Other Statutory Actions - Other Suits, Categories: Commerce, Fraud, Business Practices
J. Shah partially grants the Chicago Transit Authority’s motion to dismiss a civil rights suit, brought by a former CTA worker who opposed the agency’s mandatory Covid-19 employee vaccination policy. The employee sought a religious exemption to the vaccine based on his beliefs, among others, that vaccines were “unclean” and contained pork products that his biblically mandated diet prevented him from ingesting. The CTA denied his exemption request and fired him after he refused to get the vaccine regardless. The worker subsequently brought a nine-count civil rights suit against the CTA, the majority of which the court now dismisses. The only counts to survive are an allegation that the CTA’s exemption denial violated the state and federal Religious Freedom Restoration Acts, and a Title VII claim under the 1964 Civil Rights Act.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: November 6, 2023, Case #: 1:22cv6086, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Jenkins partially denies two food companies’ motion to dismiss, for failure to state a claim and for lack of subject matter jurisdiction, and their motion to strike class allegations in a deceptive labeling lawsuit brought by a consumer. One of the firms is Wahlburgers, owned by the celebrity brothers Donnie, Paul and Mark Wahlburg. The consumer says three dill pickle-flavored snacks are misleadingly labeled as “Fresh,” “All Natural” and contain “No Preservatives.” The consumer failed to provide pre-suit notice on his warranty claim and it is stricken. Whether the consumer may sue on behalf of a class of consumers will be decided when class discovery is completed.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: November 3, 2023, Case #: 1:23cv236, NOS: Other Fraud - Torts - Personal Property, Categories: Product Liability, Class Action, False Advertising
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J. Kocoras grants a real estate company’s motion to sever for one of the five individual former employees claims for improper joinder. The company request to sever the claims into individual actions, arguing they are not the same transaction or occurrence. The one employee is granted leave to amend her complaint because her claims do not come from the same series of transaction or occurrence as the others. The motion on the other four employees is denied without prejudice and they fail to establish the claims are properly joined. Therefore, the four remaining employees can file an amended complaint.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: November 2, 2023, Case #: 1:22cv3237, NOS: Employment - Civil Rights, Categories: Employment
J. Gettleman grants the property seller’s motion for summary judgment brought by a property buyer alleging the seller fraudulently concealed water damage. The court denies the buyer’s partial summary claim on the seller’s fraudulent concealment, granting summary judgment for the liability for violating the disclosure act and Illinois Residential Real Property Disclosure Act. The court grants the third-party defendants’ motion for summary judgment brought by the third-party plaintiff alleging violations of the Condominium Property Act, breach of fiduciary duty and contribution against the association. The evidence shows there is no dispute that the association failed to remediate the water infiltration issues.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: November 2, 2023, Case #: 1:19cv5684, NOS: All Other Real Property - Real Property, Categories: Environment, Property, Real Estate
J. Durkin grants a Japanese investment firm’s motion to dismiss for the lack of personal jurisdiction and improper venue in this antitrust suit brought by a class of consumers challenging T-Mobile’s merger with Sprint. There is no ambiguity and colorable basis for personal jurisdiction over the investor, so jurisdictional discovery is not warranted. The court denied T-Mobile and the Japanese company’s motion to dismiss for a lack of antitrust standing, failing to properly allege direct or indirect evidence.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: November 2, 2023, Case #: 1:22cv3189, NOS: Antitrust - Other Suits, Categories: Antitrust, Discovery, Class Action
J. Kennelly denies a pharmaceutical company’s and patients’ motion to exclude the testimony of 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 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 #: 1:17cv3775, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Class Action
[Consolidated.] 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 #: 1:14cv1748, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Damages, Product Liability, Experts
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
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