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Articles Posted in Federal Jurisdiction

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U.S. Court of Appeals Finds that Claims of an Individual Shareholder are Derivative to the Corporation

Fortunee Massuda was an investor in a group of Panda Express restaurants in Chicago. The restaurants were owned by a joint venture, RC Partnership, made up of Panda Express Inc. and Rezko Concessions Inc. Massuda invested $4 million in the joint venture in exchange for an ownership interest of 11%…

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U.S. Court of Appeals for the 7th Circuit Has Affirmed Dismissal of Third Party Counterclaim Involved in an Electrocution Case

Gamesa Technology Corp. entered into a contract with Minnesota-based Outland Renewable Energy to provide maintenance for Gamesa’s wind turbines. Iberdrola Renewables Inc. runs the Gamesa-made turbines at the Cayuga Wind Farm located in Livingston County, Ill. While servicing a Cayuga turbine, one of Outland’s employees, Aaron McCoy, was electrocuted when…

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U.S. Court of Appeals Sends Federal Case Back to State Court in a Case Involving Both the Second and Seventh Circuit U.S. Courts of Appeals

The 7th Circuit Court of Appeals in Chicago has reversed a decision of a U.S. district court judge regarding whether a case should be remanded back to an Illinois state court. This case arises out of the bankruptcy of a company known as Parmalat. Parmalat was a large Italian food…

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Illinois and Federal Rules of Procedure Results Compared in Missed Filing Date

The federal court rules are different than those in Illinois. Lawyers who may be used to operating under the Illinois Code of Civil Procedure need to be aware of Federal Rule of Civil Procedure 59(a), which says, “A motion to alter or amend a judgment must be filed no later…

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U.S. Court of Appeals Reverses District Court in Jurisdiction Issue Over Minimum Contacts

Advanced Tactical manufactures and sells PepperBall projectile irritants. The product, PepperBalls, resemble paintballs, but PepperBalls contain irritants and are designed to be used for crowd control by police, private security firms and similar organizations. Advanced Tactical was headquartered in Indiana, though the company had at least one office in California.…

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U.S. Court of Appeals Finds Duty to Indemnify in Construction Injury Case

The 7th Circuit Court of Appeals in Chicago has reversed a district court judge’s decision in a case involving an indemnification clause in a contract. Robert Krien was an employee of Riley Construction.  Riley was the general contractor on a construction project located in Wisconsin.  Riley in turn, hired Harsco…

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U.S. District Court Finds Lack of Personal Jurisdiction in Contract Dispute

This is a case in which the U.S. Court of Appeals for the 7th Circuit in Chicago found that the defendant had contracted with an out-of-state buyer. The court found that the buyer performed all contractual obligations in his own state; however, the required sufficient minimum contacts were not found…

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Federal Case Filed Against U.S. and Canadian Based Companies for Medical Discount Scams Targeting Seniors

A Federal Trade Commission (FTC) lawsuit has been filed in the U.S. District Court for the Northern District of Illinois in Chicago naming several United States and Canadian companies as defendants.  The allegations in the complaint allege that these companies acted on a medical discount scam that targeted seniors.  According…

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U.S. District Court Dismisses Breach of Contract Case for Lack of Jurisdiction

According to a recent Chicago U.S. District Court decision, a Maine aircraft repair company cannot be brought into a court in Illinois. The decision was based on an argument that because the company’s website can be accessed in Illinois, jurisdiction would lie in U.S. District Court. In the written opinion issued…

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Hip Implant Case Settled Two Weeks Before Trial

A confidential settlement agreement was reached just two weeks before the start of a bellwether case in a coordinated litigation in California regarding hip implants. The terms of the settlement agreement were not revealed.  The trial had been scheduled to begin in the middle of October 2013.  The next bellwether trial…

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