United States Seventh Circuit

In a product liability claim against the manufacturer of a polio vaccine, the judgment of the district court denying remand, vacating a state-court default judgment and granting summary judgment for defendant is affirmed where the plaintiff never gave defendant notice of the reinstated state-court suit, and the reinstated suit was barred on statute of limitations grounds. Plaintiff's attorney is ordered to show cause why he should not be sanctioned for filing a frivolous lawsuit.

Appellate Information

• Argued 12/04/2006
• Decided 09/20/2007
• Published 09/20/2007

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Delmar P. Kuchaes (argued), Crown Point, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Roger W. Yoerges (argued), Wilmer, Cutler, Pickering, Hale & Dorr, Washington, DC, for Defendant-Appellee.