Illinois Developments

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An Illinois federal court recently granted an insurer’s motion for judgment on the pleadings based on an insured v. insured exclusion, which the court found was triggered by a claim brought “on behalf of” the insured by the insured’s receiver. 

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Read More Illinois Federal Court: Insured v. Insured Exclusion Precludes Coverage For Action Brought By Receiver

On June 1, 2005, after a jury trial lasting over three weeks, a jury found for Blue Cross Blue Shield of Massachusetts (“BCBS-MA”), Blue Cross Blue Shield of Minnesota (“BCBS-MN”), Federated Mutual Insurance Company (“Federated”), and Health Care Service Corporation (“HCSC”) (collectively “Plaintiffs”) against Mylan Laboratories Inc. and Mylan Pharmaceuticals Inc., Cambrex Corporation, and Gyma Laboratories (“Defendants”) on state law claims –  agreement in unreasonable restraint of trade; conspiracy in unreasonable restraint of trade; monopolization; and, attempted monopolization – in the Lorazepam active pharmaceutical ingredient (“API”) market, Lorazepam tablet market and in the Clorazepate API and tablet markets.  The jury awarded BCBS-MA $8,430,887, BCBS-MN $1,756,096, Federated $410,878.00, and HCSC $1,448,437.00 in damages. …
Read More Health Insurers’ Motion to Treble Damages Against Pharmaceutical Companies in Antitrust Case is Granted

On January 10, 2008, the Illinois Division of Insurance (“DOI”) issued a consumer alert advising caution with respect to “Stranger/ Investor Originated Life Insurance” (“STOLI”) arrangements. …
Read More Illinois Issues a Consumer Alert Regarding Stranger/ Investor Originated Life Insurance

On January 3, 2008, the U.S. District Court for the Northern District of Illinois ordered Waste Management Inc.’s former CFO to pay more than $4 million to the Securities and Exchange Commission (“SEC”) in civil penalties and disgorgement. 

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Read More Ex-Waste Management CFO Ordered to Pay $4 Million in Connection with Accounting Fraud

In a ruling that may impact the world of commercial arbitrations, the United States Court of Appeals for the Seventh Circuit affirmed a district court’s denial of a motion to vacate an arbitration award on the basis that it was filed one-day too late. 

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Read More Contesting an Arbitration Award? Seventh Circuit Affirms That Statute of Limitation Runs From Date the Award is Sent

An Illinois judge recently struck down the two-year-old state law that capped medical malpractice awards, ruling that the law violates the Illinois constitution’s “separation of powers” clause by depriving judges and juries of their right to determine fair compensation. …
Read More Illinois Medical Malpractice Cap Ruled Unconstitutional

On October 12, 2007, Caterpillar filed suit (the “Complaint”) against Aon Corporation, Aon Risk Services, Inc. of Illinois, and Aon Re Global, Inc. (“Aon”) in the United States District Court for the Central District of Illinois. …
Read More Caterpillar Sues Aon Alleging Violations of Federal and State Antitrust Laws

The United States Court of Appeals for the Seventh Circuit recently affirmed a district court’s decision finding that a cedent’s appointment of an arbitrator in a reinsurance arbitration was invalid because it did not fall within the time limitations set forth by the reinsurance contract at issue. 

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Read More Seventh Circuit Enforces 30-Day Deadline to Select Party-Appointed Arbitrator

On July 23, 2007, The Hartford Financial Services Group, Inc. announced settlements of recent investigations for a total of $115 million in restitution and penalties.  Specifically, the Company entered into a settlement with the New York Attorney General’s Office relating to an investigation of variable annuity market timing issues. 

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Read More The Hartford Announces Settlement of Recent Investigations