Reed Smith LLP News

Judges nix consumer antitrust vs steelmakers; Production chain too complex to undergird sprawling class action

By Jonathan Bilyk | Sep 7, 2018

While noting the plaintiffs had presented statements which could indicate price-fixing activity, a federal appeals panel has refused to melt down a lower court’s decision to slice up a potentially massive class action lawsuit accusing U.S. steelmakers of conspiring to jack up prices for raw steel.

Appeals court tosses $3M verdict vs GSK, says FDA, not drugmaker, controlled Paxil warning label

By Jonathan Bilyk | Aug 22, 2018

A federal appeals panel has tossed out a $3 million verdict vs GSK for the widow of a Chicago lawyer who committed suicide after taking the generic equivalent of GSK's drug, Paxil. The judges said the company can't be held responsible for language on the warning label when that language was controlled by the FDA.

Grecian Delight says insurer refuses to pay more than $12M in claims from Elk Grove plant explosion

By DM Herra | Aug 22, 2018

Elk Grove-based Greek food maker Grecian Delight has filed suit against its insurance company, claiming an insurer is crippling the company by refusing to pay out millions in claims after an explosion crippled the company’s food processing facility.

Judge denies class action status for insurer’s suit against AbbVie, others over testosterone drugs

By Dan Churney | Aug 9, 2018

A Chicago federal judge has barred an Ohio health insurer from pursuing a class action against several pharmaceutical companies, which are already embroiled in massive litigation over their testosterone drugs, saying the thousands of potential claims would be too individualized to be served well by a class action and the insurer’s drug review practices were “unconventional.”

Bankruptcy judge OKs Oakfabco's liquidation plan withdrawal, but blasts lawyers; Oakfabco requests mediation

By Jonathan Bilyk | Aug 9, 2018

Even as the company has requested the chance to head to mediation to resolve differences between its insurers and trial lawyers representing tens of thousands of asbestos claimants, a federal bankruptcy judge has granted bankrupt boiler maker Oakfabco’s request to abruptly withdraw its liquidation proposal, leaving unsettled for now how the company will continue through bankruptcy and wind down those asbestos-related personal injury claims.

Appeals panel revives black workers' hostile work environment claims vs Advocate Christ Medical Center

By Cook County Record | Jul 26, 2018

A federal appeals panel has partially reversed a federal judge's order, which had granted a win to Advocate Christ Medical Center, against claims brought by a group of African American hospital workers who alleged they faced a hostile work environment.

CNA says Oakfabco bankruptcy plan would let asbestos lawyers rig the vote; Oakfabco: CNA just protecting its interests

By Jonathan Bilyk | May 15, 2018

Saying the plan would open opportunities for “gamesmanship” by trial lawyers, insurer CNA has asked a bankruptcy judge to shoot down a plan by the successor company to a defunct boiler maker to wind down its existence by essentially giving lawyers representing plaintiffs in nearly 34,000 asbestos claims the chance to vote themselves a payday.

Massachusetts product liability ruling may have bearing on GSK appeal of $3M verdict over lawyer's suicide

By Karen Kidd | Apr 13, 2018

The thinking behind a Massachusetts ruling that brand-name manufacturers can he held liable for injuries suffered by patients who take generic versions of the drug those manufacturers innovate could have bearing in a case before a federal appeals court in Chicago.

Daughter not 'authorized user' of mom's card, bank can't arbitrate class action over collections calls to kid's phone

By Jonathan Bilyk | Mar 22, 2018

A woman and her daughter have been cleared to continue their class action lawsuit against Credit One Bank over collection calls the bank placed to the daughter’s cell phone, as a panel of federal appellate judges have said the bank can’t send the matter to arbitration by claiming, under the mother’s credit card agreement, the daughter should be considered an authorized user subject to the agreement, because she once used the card to pay for smoothies at the age of 14.

Appeals court made right call in shipping pelvic mesh case from St. Clair Co. to Maryland, lawyer says

By Dee Thompson | Feb 2, 2018

A state appeals court's recent decision to ship off to Maryland a lawsuit over allegedly defective pelvic mesh may boost hopes of businesses trying to stave off forum shopping by out-of-state plaintiffs seeking a friendly venue in which to air their claims.

Nursing moms OK to sue Blue Cross for lactation services coverage, but not discrimination, judge says

By Scott Holland | Dec 14, 2017

Nursing mothers who said Blue Cross illegally denied coverage of lactation services suffered setbacks in their class action complaint against the insurer, including the removal of their claims for sex discrimination under federal law.

Volvo can't escape class action suit due to alleged false marketing over range of hybrid SUV

By Dee Thompson | Dec 12, 2017

A federal judge has ruled that a couple who were upset over their hybrid Volvo’s ability to hold a charge have legitimate claims against Volvo, turning aside the automaker's attempt to again pull the plug on the couple's class action lawsuit.

Wave of biometric privacy class actions builds; employers urged to review procedures, insurance coverage

By Angela Underwood | Nov 14, 2017

As the number of class action lawsuits filed under a state privacy law continue to mount against employers, Illinois companies should take notice of the wave of actions involving biometric data collection that has swept the state this year. And then, they should take action to reduce their risk of becoming the next target, said David Cummings, an attorney at Reed Smith LLP, in Chicago

Appeals panel: Volvo's full refund offer doesn't negate class action over hybrid SUV's mileage marketing

By Scott Holland | Aug 24, 2017

A Chicago federal appellate court breathed new life into a lawsuit against Volvo, saying an offer by the automaker to pay one customer a full refund doesn’t garage the class action complaint.

Federal judge affirms arbitration stay in racial bias lawsuit vs Chicago over waste hauling contracts

By Glenn Minnis | Jul 26, 2017

A Chicago federal court judge has denied a local trash hauling company’s request to rescind a previously imposed stay on arbitration in a dispute with the city and its primary waste hauling vendors over service contracts.

Supreme Court decision could have big impact on mass actions in Cook County, elsewhere

By John O'Brien and Jonathan Bilyk | Jun 20, 2017

The U.S. Supreme Court has overturned rulings made by three California courts that concluded they had specific jurisdiction over lawsuits brought by out-of-state residents against a company not incorporated or headquartered there. And reverberations from the decision will likely be felt in Cook County courtrooms, say observers.

Label or Liability: Case law could lead to short shelf life for $3M Paxil 'innovator liability' verdict

By Stephanie N. Grimoldby | Jun 13, 2017

A Chicago federal jury shocked many observers by ordering drugmaker GlaxoSmithKline to pay $3 million to the widow of lawyer Stewart Dolin, who committed suicide in 2010 after taking a generic version of GSK's antidepressant Paxil. But legal observers believe the decision may have a short shelf life, as it could defy decades of case law on the concept of innovator liability.

Illinois unclaimed property rules for gift cards, other securities, could soon change

By Nicholas Gueguen | May 31, 2017

A proposed new law could change the rules in Illinois concerning unclaimed property - and particularly, unclaimed gift cards and unclaimed property from business-to-business transactions, both of which may no longer be exempt from reverting to the state.

GSK asks for new trial over claims its anti-depressant labeling contributed to lawyer's suicide

By Dan Churney | May 31, 2017

Drug manufacturer GlaxoSmithKline is trying to get out from under a $3 million jury judgment, which blamed it for a Chicago lawyer’s suicide, saying a federal judge made multiple mistakes that hamstrung the manufacturer’s defense against the claim its labels failed to warn its anti-depressant drug Paxil and its generic equivalent can lead to suicide.

Duracell claims distributor engaged in 'gray market' sales of its batteries

By Louie Torres | May 29, 2017

Chicago-based Duracell is suing JRS Ventures Inc., a Missouri corporation, citing alleged unfair competition for its distribution practices.

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