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Articles Posted in Federal Law

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U.S. Court of Appeals Reverses on Admissibility of Expert Testimony in Benzene Case

The U.S. Court of Appeals for the 7th Circuit in Chicago reversed a district court decision granting summary judgment where the court found that the expert testimony for the plaintiff was unreliable. Donald Schultz was a painter for American Motors Corp. from 1981 until 1989. Benzene was a substance in the paint…

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US District Court Returns Retaliatory Discharge Claim to State Court for Lack of Subject-Matter Jurisdiction

Philip Crosby worked for Cooper B-Line Inc., a manufacturer of electrical components and tools.  A portion of Crosby’s middle finger was severed while he was working on the job on July 28, 2010. Crosby filed a claim in the Illinois Industrial Commission under the Illinois Workers’ Compensation Act.  He asked for his…

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2007 Amendment to Illinois Wrongful Death Act Plays Out in Federal Court Case; Hammond v. System Transport

In 2007, Illinois amended the Wrongful Death Act to add language saying, “including damages for grief, sorrow and mental suffering.” The language was added to the description of available wrongful death damages. According to this Chicago federal court case, Hammond v. System Transport, Inc., the Illinois legislature’s intentions in amending…

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U.S. Court of Appeals Affirms Court’s Dismissal of Employee Termination; Cromwell v. City of Momence

The Seventh U.S. Circuit Court of Appeals has affirmed a decision by a federal district court judge in the Central District of Illinois, finding that an employee handbook that was silent as to termination of a nonprobationary employee compared to the section on probationary employees was insufficient to overcome Illinois’…

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Federal Appeals Court Holds That Federal Labor Laws are Enforced Against Successor Corporation; Teed, et al. v. Thomas & Betts

When a company is acquired in an asset sale, successor liability applies for pending claims under the Fair Labor Standards Act, even if the acquiring company disclaims liability for such claims.  The Seventh U.S. Circuit Court of Appeals in Chicago affirmed the decision by a district court judge in a…

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Federal Diversity Jurisdiction in Breach of Contract Case Stands; Nomanbhoy v. Boxwala

In a breach of contract case, the issue was whether a party defendant was a necessary defendant in this federal court case filed in Chicago. Two of the defendants, Nafeesa Moosabhoy and Aymen Tyebjee, moved to dismiss the complaint that Shabbir and Munira Nomanbhoy filed in federal court.  The court found…

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Federal Tort Claims Act Case Lays Out Burden of Proof; Furry et al. v. United States

The Seventh Circuit United States Court of Appeals has affirmed a decision by the district court judge regarding the burden of proof in a Federal Tort Claims Act (FTCA) case. Ronald Williams was a substitute U.S. Postal Service letter carrier who had parallel parked his truck to visit a friend. …

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U.S. Court of Appeals Upholds Non-economic Damage Limits in Lawsuit; Learmonth v. Sears

Lisa Learmonth filed suit against Sears in a case that was litigated in the federal court in the Southern District of Mississippi.  Learmonth was injured in 2005 in a car accident with a Sears employee.  She was seriously injured and filed suit against Sears for her damages.  A jury in…

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