U.S. Court of Appeals for the Seventh Circuit in Chicago has affirmed a decision by the district court judge regarding circumstantial evidence without an expert witness. In this case, the plaintiffs, Howard Piltch and Barbara Nelson-Piltch, were driving in their 2003 Mercury Mountaineer in 2006 when they were involved in…
Articles Posted in Federal Jurisdiction
Class Action Lawsuit is Being Sought Against Toyota for Electric Power Steering Defect
In the model years 2009 and 2010, Toyota’s Corolla has been targeted as a dangerous vehicle because of the electric power steering (ETS) system. In fact, two Toyota Corolla owners, one in New York and one in Pennsylvania, filed suit. The Corolla owners have alleged that the steering system’s defect…
$11 Million Jury Verdict in Toyota Design Defect Case
A federal jury has entered an $11 million verdict for victims of the design defect of the 1996 Toyota Camry. The jurors indicated that Toyota was 60% at fault for the 2006 crash that left two people dead and two seriously injured. They also found that another defendant, Koua Fong…
U.S. District Court Did Not Require Subject-Matter Jurisdiction to Allow Voluntary Dismissal
The U.S. Court of Appeals for the 7th Circuit in Chicago has affirmed a decision by a United States district court judge regarding subject-matter jurisdiction and a voluntary dismissal of a complaint. Mieczyslaw Kuznar, a native of Poland, moved to the United States leaving his wife, Emilia, and his son,…
U.S. Court of Appeals Reverses Trial Court on the Issue of Whether a Federal Court Can Ignore a State Court Judgment on the Grounds that the State Court Did Not Have Jurisdiction
Robert Lodholtz was seriously injured in 2011 while working at a plant owned by Pulliam Enterprises in Indiana. Lodholtz filed a personal-injury lawsuit against Pulliam in the Indiana state court. Pulliam called on Granite State Insurance Co., its primary liability insurer, along with New Hampshire Insurance Co., to defend and…
Sports Supplement Maker Moves to Consolidate Hepatitis and Liver Injury Cases
USPLabs LLC, which is the maker of dietary sports supplements purchased over the counter, is now asking to consolidate nine federal lawsuits that have been brought against the company by individual injured plaintiffs. The company makes the product OxyElite Pro, which has been associated with liver injuries and hepatitis. The…
U.S. Court of Appeals Reverses Asbestos-Related Personal Injury Claims in Indemnification Case
Hennessy Industries was a car part manufacturer. It was sued frequently for asbestos-related personal injury claims. Hennessy sought insurance coverage for these claims from National Union Fire Insurance Co. The companies entered into a cost-sharing agreement in 2008. However, as the lawsuits and claims came in, Hennessy asked National Union…
U.S. Court of Appeals Dismisses an Appeal on the Question of Federal Diversity Jurisdiction
The U.S. Court of Appeals for the 7th Circuit in Chicago has dismissed an appeal from a U.S. District Court judge. In an extremely sad case, Robert Lindner’s parents, Burton and Zorine Lindner, were driving under a bridge near north suburban Glenview, Ill., when a Union Pacific freight train derailed…
Specific Details are Required for Allegations of Fraud Under the Illinois Consumer Fraud Act
The 7th Circuit Court of Appeals in Chicago has affirmed the dismissal of a fraud case in the U.S. District Court for the Northern District of Illinois. Patrick Camasta filed a lawsuit against Joseph A. Bank Clothiers Inc. claiming that prior to making purchases at the company’s far north suburban…
U.S. Court of Appeals Orders the Enforcement of a Contract with an Easement, Without Application of the Rule Against Perpetuities
In 1952, the owner of a parcel of land in Illinois granted a pipeline operator an easement for two pipelines to cross his land. The first pipeline was built immediately. The easements specified that the second pipeline, if constructed, was required to be built within ten feet of the first…