United States Seventh Circuit

Denial of plaintiff's motion to amend his pleadings, and summary judgment for railroad company, in a suit over injuries suffered by an employee is affirmed where: 1) plaintiff's misapprehension of which railroad company to sue following the sale of many of his original employer's assets to defendant did not constitute the type of mistake that would justify an amended pleading; and 2) defendant was exempt from federal successor liability for plaintiff's claim after the Surface Transportation Board's approval of its consolidation with plaintiff's original employer.

Appellate Information

• Argued 01/17/2006
• Decided 11/09/2006
• Published 11/09/2006

Judges

• SYKES, Circuit Judge., Before BAUER, ROVNER, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Steven P. Garmisa (argued), Hoey & Farina, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• John C. Duffey, Geoffrey L. Blazi (argued), Stuart & Branigin, Lafayette, IN, for Defendant-Appellee.