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Articles Posted in Federal Jurisdiction

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U.S. Court of Appeals Affirms Summary Judgment in Favor of Corporation Whose Driver of the Truck in a Rear-End Crash Was an Independent Contractor

Marina Kolchinsky and her mother, Lidia Kolchinsky, were severely injured in a car collision with a tractor-trailer in Illinois. They sued the truck driver and the two companies that contracted with him. The Kolchinskys filed in federal court based on diversity of citizenship. Illinois law controlled. The district court entered…

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$450,000 Federal District Court Jury Verdict for Mental Health Facility Patient Beaten by Security Aides

Christopher Novus Davis, 20, was admitted to Chester Mental Health Center in Chester, Ill., which is about 60 miles southeast of St. Louis. Shortly after he arrived, he was allegedly confronted by a group of security aides in the dining room for standing without permission after being seated for breakfast.…

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U.S. Court of Appeals Affirms Declaratory Judgment Action in Mesothelioma Lawsuit

Deborah Amling, personally and as personal representative for the Estate of Robert N. Amling, brought this lawsuit for the wrongful death of her husband against Harrow Industries LLC and others. Amling and her husband, Robert, sued Harrow Industries and other businesses in Illinois state court for causing Robert to develop…

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Illinois Appellate Court Highlights Legal Trend in Limiting General Personal Jurisdiction Over Nonresident Defendants Sued in Illinois Courts

In the case of Campbell v. Acme Installations Inc., highlighted in the April 2019 Illinois Bar Journal authored by Eric J. Muñoz, general jurisdiction for nonresident defendants is clarified. In the Campbell case, the plaintiff brought a lawsuit against General Electric and other companies resulting from his alleged exposure to…

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Federal District Court in Chicago Rejects Pre-emption Defense in ERISA Claim

This lawsuit was originally filed in Kane County, Ill., in the wrongful death and survival act claims by Lee Anne Wigdahl for the death of her husband, Eric Wigdahl. The case was challenged by the defendant, who claimed that it should have been removed to the federal court because the…

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U.S. Court of Appeals Finds That Wrongful Death Case Belongs in Mexico — Not Illinois

Vanessa Noboa used Orbitz to book and pay for a room at the Barceló Los Cabos Palace Hotel on the Baja Peninsula of Mexico. She signed up for an all-terrain vehicle tour with Rancho Carisuva. During the tour, the all-terrain vehicle overturned and killed Noboa. Her family brought a lawsuit…

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U.S. Court of Appeals Reverses Dismissal of Case Involving Electronic Filing Before the Running of the Statute of Limitations Deadline

In a civil rights lawsuit under 42 U.S.C. §1983, Danny Farley hired an attorney who began the process of filing the complaint in the Southern District of Illinois in East St. Louis, Ill. The local rules in the district require that documents be filed electronically through the CM/ECF system. Attorneys…

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U.S. Court of Appeals Finds No Personal Jurisdiction in Illinois Under the Minimum State Contacts Analysis

The U.S. Court of Appeals for the 7th Circuit in Chicago has found an Illinois resident did not establish the minimum state contacts for a case to be heard in the U.S. District Court for the Northern District of Illinois in Chicago. William Kipp purchased a ski ticket at Devil’s…

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Takata Agrees to Recall 33.8 Million Defective Airbags

Takata Corp. is headquartered in Japan and manufactures millions of airbags installed in American vehicles. The company has agreed to recall 33.8 million airbags. That number doubles the already massive recall. A consent agreement was entered into between Takata and the National Highway Traffic Safety Administration (NHTSA). There is a…

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U.S. Supreme Court Reverses Federal Torts Claim Act Dismissal Stating that Equitable Tolling Applied

The Federal Tort Claim Act (FTCA) provides that a tort claim against the United States “shall be forever barred” unless the claimant meets two deadlines. First, the claim must be presented to the appropriate federal agency for administrative review “within two years after [the] claim accrues.” 28 U.S.C. §2401(b). Second,…

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