Pointing to Colorado Decision, Ace Asks Illinois Court To Reject Dish Motion
A U.S. District Court judge in Colorado shot down Dish Network's attempt to transfer a lawsuit filed there to U.S. District Court in Springfield, Illinois, and the Illinois court should follow similar reasoning in denying the company's pending motion to add Ace American Insurance to its suit against Travelers Property Casualty in Illinois, Ace said in a notice filed Tuesday in the Illinois court. Both insurers are seeking determinations they aren't responsible for defense costs as Dish fights claims by the FTC and California, Illinois, North Carolina and Ohio alleging violations of telemarketing sales rules because Dish helped dealers make robocalls (see 1602120017). In his Feb. 18 ruling, U.S. District Judge Robert Blackburn of Denver said transfer of the case wasn't merited, but that the schedule that has the trial in Ace American Insurance v. Dish starting March 14 is "not practicable" and the trial was continued. In its notice in Travelers Property v. Dish, Ace said the Springfield court should "take judicial notice of that decision" and deny Dish's motion to amend that would add third-party claims against Ace.