Friday, July 10, 2009, 11:13 AM

Third Time Is Not a Charm for Chicago EMS Paramedics; Great American Sues to Avoid D&O Coverage

EMS paramedics employed by the City of Chicago have brought and had summary granted on three FLSA lawsuits filed by the same attorney. The first two cases were consolidated by a federal judge sitting in the Northern District of Illinois because the cases were "not distinguishable...other than the timelessness of their claim." The same federal judge granted summary judgment to the City of Chicago on the consolidated case holding that the cases were "hopelessly heterogeneous" and therefore not properly collective actions with so many factual distinctions. In granting summary judgment in the newest collective action alleging the same facts by EMS paramedics against the City of Chicago, Judge Darrah also of the Northern District of Illinois noted that the plaintiffs' counsel stated during the earlier cases' consolidation hearing that he was going to file a third suit on "claims [that are] identical" to the consolidated case claims and Judge Hibbler's opinion in the consolidated case was "persuasive based both on the facts (identical to those here) and his analysis and application of controlling authority." To read the Memorandum Opinion and Order in Baley et al. v. City of Chicago, Case No. 09 C 228 (N.D. Ill. July 7, 2009), click here.

As a footnote to our entry on June 25, 2009 regarding an OT claim coverage dispute involving Great American Insurance Co., Great American has sued for a declaratory ruling that oil-and-gas exploration company GeoStar Corp. defendants are not covered by the insurance company's excess D&O liability policies in a suits against GeoStar for alleging defrauding investors. Great American states in the complaint that but for material misrepresentations by GeoStar, Great American would never have issued the policy at the same premium or with the same terms (if at all). To read the Complaint for Declaratory Judgment filed by Great American in Great American Insurance Co. v. GeoStar Corp. et al., case number 1:09-cv-12488 (E.D. Mich.), click here.


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