United States Seventh Circuit

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Fednev Int'l Ltd v. Cont'l Ins. Co., 08-2650

In plaintiff vessel carrier's suit for attorney's fees, costs, and expenses incurred in earlier litigation, involving damaged steel in transit from Belgium to Indiana, district court's dismissal of the suit for failure to state a claim upon which relief can be granted, is affirmed, as the district court properly found that, under Illinois law, the American Rule bars plaintiff's breach of contract claim seeking to collect litigation expenses and attorney's, and plaintiff has waived its contention that federal common law permits recovery of attorney's fees for defendant's breach and that it may recover the litigation-related expenses and attorney's fees because defendant acted in bad faith.

Appellate Information

  • Argued 02/12/2010
  • Decided 11/01/2010
  • Published 11/01/2010

Judges

  • SPRINGMANN

Court

  • United States Seventh Circuit

Counsel