blog banner

Illinois Central Railroad Co. v. Guy, et al.

June 1, 2012

Court: U.S. 5th Circuit Court of Appeals Opinion Date: May 29, 2012

A jury returned a verdict in favor of plaintiff on its claims of fraud and breach of the duty of good faith and fair dealing against defendants where defendants’ misrepresentations induced plaintiff to settle the asbestos exposure claims of two of plaintiff’s employees whom defendants represented in a state-court lawsuit. On appeal, defendants contended that the district court lacked subject matter jurisdiction over the instant case under the Rooker-Feldman doctrine, and alternatively that the case called for Burford v. Sun Oil Co. abstention. Defendants also contended that the trial evidence established their statute-of-limitations and waiver defenses as a matter of law. The court held that defendants misconceived the legal authorities relevant to their jurisdiction, abstention, and waiver arguments. Regarding the statute of limitations issue, the court concluded that a reasonable jury could have found for plaintiff. Therefore, the court affirmed the district court’s judgment.

Courtesy of Justia

Also visit our Safety & Accident Prevention and Car Accident blogs!

A Message to Our Clients About Coronavirus COVID-19:
PLEASE READ »

A Message to Our Clients About Coronavirus COVID-19

At Hodges Trial Lawyers, P.C. we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy.

Currently, our law firm is remaining open and working to serve your legal needs. We are, however, limiting in person meetings to comply with social distancing recommendations.

We are happy to arrange for phone or video consultations should you have any concerns about keeping your scheduled appointments with us. We are also able to exchange documents via secure drives or email. We will continue to diligently represent our clients, even if we have to do so remotely.

Should you have any concerns, please contact us online or call/text us at 256-539-3110.

Thank you and stay safe.