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Tag Archives: Judge Elizabeth K. Dillon

Non-diverse defendant not indispensable (access required)

Where the addition of a new defendant destroyed the court’s diversity jurisdiction and the plaintiff had already obtained a preliminary injunction against another defendant, the non-diverse defendant was severed from the case because, despite having an agency relationship with a ...

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Claims against CEO for alleged business torts to proceed (access required)

A CEO whose company employed a person allegedly bound by restrictive covenants has been sued by the former employer for tortious interference with contract and business expectancies, statutory conspiracy and aiding and abetting a breach of fiduciary duty. Background The ...

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Product liability suit returning to state court (access required)

A case involving an allegedly defective hip implant is returning to state court after the court held that certain defendants were not fraudulently joined. Because the presence of those defendants destroyed diversity jurisdiction, the court returned the case to state ...

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Witness couldn’t be expert because of clear bias (access required)

A witness who has a “direct financial interest” in the outcome of the case has a “clear bias” that precludes him from testifying as an expert witness. Background David Steffens, along with Williams Ellis, founded Keystone Transportation Solutions LLC, and ...

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Probate exception no bar to court’s jurisdiction (access required)

A wife alleging her now deceased and often-estranged husband fraudulently transferred marital assets to a trust can pursue her claims in federal court. Because the federal court complaint was filed before the probate court obtained jurisdiction over the property, the ...

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Claims accrued when plaintiffs signed incorrect annuity contract (access required)

Where plaintiffs intended to enter into an annuity contract that would provide benefits to both spouses but instead, relying on the investment advice of a registered securities representative for the defendant, entered into a single annuity contract that did not ...

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Adjoining property owners both liable for environmental response costs (access required)

Where a property owner agreed to remove mine tailings from the property of an adjoining landowner after the adjoining landowner was notified that the mine tailings were discharging pollutants into a nearby stream, and the delay in removal, coupled by ...

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Employees must be compensated for attending job training (access required)

Only the plaintiffs who received right-to-sue letters from the Equal Employment Opportunity Commission more than 180 days after filing their EEOC charges could proceed on their discrimination and retaliation claims, but all plaintiffs adequately alleged violations of the Fair Labor ...

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