United States Seventh Circuit
Am. River Transp. Co. v. Ryan, 08-1545
District court's dismissal of plaintiff's lawsuit against defendant for injuries sustained in a collision is reversed and remanded as neither the injunction by the district court, nor the law, requires plaintiff to dismiss her state suit, as plaintiff can maintain her preexisting state claim so long as she stays the suit during the pendency of the Shipowner's Limitation of Liability Act proceedings. The district court abused its discretion in ordering the plaintiff to dismiss her state suit as a sanction.
Appellate Information
- Argued 02/11/2009
- Decided 08/27/2009
- Published 08/27/2009
Judges
- WOOD, Circuit Judge., Before BAUER, RIPPLE and WOOD, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Cary E. Donham (argued), J. Timothy Eaton, Attorney, Shefsky & Froelich, Sean P. Driscoll, Chicago, IL, for Claimant-Appellant.
- For Appellees:
- Richard F. Johnson, Attorney, Hughes Socol Piers Resnick & Dym, Ltd., Chicago, IL, Gary T. Sacks (argued), Neal W. Settergren, Attorney Goldstein & Price St. Louis, MO, for Plaintiff-Appellee., Jeffrey J. Kroll, Attorney, Chicago, IL, for Defendant.