In July 2003, Evan Miller and Colby Smith killed Cole Cannon by beating Cannon with a baseball bat and burning his trailer. Cannon was inside. At the time, Miller was 14 years old. After Miller’s arrest, he was transferred from Lawrence County Juvenile Court to Lawrence County Circuit Court to…
Articles Posted in Federal Law
U. S. Court of Appeals Affirms Summary Judgment Where Plaintiff Could Not Show That Equitable Tolling Applied and Plaintiff Missed the Filing Deadline by More Than Two Years
Levia Moultrie began working at Penn Aluminum in 1990. Over the next 20 years, Moultrie worked in different positions, including forklift operator, block operator, utility coiler and scrap chopper. In September 2008, Moultrie used his seniority to take on the job of forklift operator. The collective bargaining agreement between Moultrie’s…
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…
$92 Million Fine Over Fuel Rebate Scheme
Pilot Flying J, a truck stop fueling and restaurant chain that is common along Illinois and U.S. highways, has agreed to pay $92 million in fines to the federal government for a scheme to cheat truck drivers out of agreed-upon diesel fuel rebates. The agreement was reached with the U.S.…
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…
Federal Lawsuit Dismissed with Prejudice Because Plaintiff Committed Multiple Ongoing Discovery Violations Was Not an Abuse of Discretion
Monika Salata was cleaning property owned by Weyerhauser Corp. on March 28, 2008 when she fell and was severely injured. She claimed that she fell because of loose floor tiles. Originally the lawsuit was filed in state court in the Circuit Court of Kane County, Ill. Weyerhaeuser removed the case…
NHTSA to Mandate Upgrade in Rear Underride Standard
The National Highway Safety Administration (NHTSA) has initiated a tougher standard for the rear impact guards and other safety devices for single-unit trucks. This would also apply to rear impact guards on trailers and semitrailers. The Insurance Institute for Highway Safety (IIHS) has something to do with the change in…
US Court of Appeals Held That a Confidentiality Agreement Between Parties Who Settled Was Insufficient to Require the Court to Seal the Agreement
In a variety of cases that end in settlement, the parties often agree to make the settlement agreement confidential. When the parties agree separately that the terms of the settlement remain confidential, it’s a different story than the one in which the court is required or asked to seal the…