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Articles Posted in Federal Court Procedure

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U.S. Federal District Court Struggles with Jurisdictional Service of Summons by Email on Foreign Corporation

The plaintiffs in two copyright infringement cases assigned to U.S. District Court Judge Gregory H. Woods in the Southern District of New York want to use email to serve summons on dozens of defendants located in the People’s Republic of China. Woods was concerned about the validity of email service,…

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U.S. District Court Finds Relation Back Doctrine Applied in Truck Crash Case

The plaintiff, William Kleronomos, filed a two-count complaint against William Sackmaster, claiming negligence in causing a 2014 vehicular crash in Chicago. Sackmaster’s employer, Aim Transfer & Storage, was also sued for vicarious liability. Kleronomos uncovered evidence in discovery that Sackmaster allegedly failed “multiple drug tests,” caused several other crashes, was…

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U.S. District Court Grants Motion Under Contribution Act for Injured Employee, Spoliation of Evidence

United Parcel Service (UPS) has conceded it could not sue Material Handling Services (MHS) for contribution under the Illinois Joint Tortfeasor Contribution Act. This case stems from an incident involving Raichid Rafik, a UPS employee who was struck on the head by a 10-lb. metal disc that fell from an…

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U.S. Court of Appeals Reverses $8 Million Verdict in Negligent Misrepresentation Case

In 2005, a van containing six family members slipped off the edge of an Illinois roadway. In the rollover crash, everyone was hurt and one passenger died. The crash occurred in a construction zone. A guardrail had been removed and was not replaced. All lines had not been repainted on…

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U.S. Federal District Court Rules That Insurer is Estopped from Cutting Policy Limit

In the wrongful death case for Lee Lindemann, filed on behalf of the Estate of Sue Ann Lindemann, the U.S. District Court ruled that estoppel blocked National Fire & Marine Insurance Co. from invoking a “declining balance” provision in its insurance policy. This was done to reduce its $1 million…

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U.S. District Court Dismisses Breach of Contract, Finding Noncompete Clause Improper

Daniel Dumrauf was a director with Medix Staffing Solutions Inc., a Chicago-based staffing agency. Dumrauf, who worked at Medix’s Scottsdale, AZ, office, had an employment agreement containing a noncompete clause that restricted him from any affiliation “with the ownership, management, operation or control” of any business in competition with Medix…

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U.S. Court of Appeals Reverses Dismissed Lawsuit Based on Serious Injuries Caused by Company Related to Employer

Perry Odom was seriously injured when a semi-trailer collapsed on him at his job. His employer was Penske Logistics. However, this employer did not own the trailer; his employer’s sole shareholder, Penske Truck Leasing, was the owner. Odom and his wife brought a lawsuit against Penske Truck Leasing through a…

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U.S. Court of Appeals Affirms Dismissal of Product Liability Lawsuit Lacking Plaintiff’s Testimony on Causation

The U.S. Court of Appeals for the 7th Circuit in Chicago addressed the issue of the need for expert testimony on causation when the issue is beyond the understanding of laypersons. The product liability claim here involved the allegation of a defective intrauterine device (IUD) that broke when it was…

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U.S. Court of Appeals Reverses Decision on Service by Publication

The defendant in this federal lawsuit owned two homes. One was in California and the other was in Wisconsin. Craig Cunningham filed a lawsuit against Michael Montes and tried to serve Montes at his Wisconsin address. No one came to the door. The process server called Montes; he refused to…

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U.S. Court of Appeals Explains Res Ipsa Loquitur Principle in Federal Injury Case

Cedric Smith sued the United States government under the Federal Tort Claims Act (FTCA), 28 U.S.C. Section 2671 et seq., claiming injuries from a fall off of a broken metal stool in a secured attorney-client interview room at the U.S. District Court in Rock Island, Ill. Smith’s lawsuit relied on…

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