United States Seventh Circuit

Judgment for defendant on the pleadings in a suit for breach of fiduciary duty and negligence is affirmed where defendant's motion to dismiss addressed both of plaintiffs' claims, and the district court did not abuse its discretion in denying plaintiff's motion for voluntary dismissal since defendant would have suffered plain legal prejudice if the motion had been granted.

Appellate Information

• Argued 05/01/2006
• Decided 02/15/2007
• Published 02/15/2007

Judges

• SYKES, Circuit Judge., Before EASTERBROOK, Chief Judge, and MANION and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Kraig A. Byron (argued), Wilson Law Group, Madison, WI, for Plaintiffs-Appellants.


• For Appellees:
  
• Stephan J. Nickels (argued), Foley & Lardner, Madison, WI, for Defendant-Appellee.