Free US Court of Appeals for the Seventh Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Seventh Circuit March 3, 2021 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | The Hidden Ideological Stakes of SCOTUS Patent Case | MICHAEL C. DORF | | Cornell law professor Michael C. Dorf describes the ostensibly complex legal issues presented in United States v. Arthrex, Inc., in which the U.S. Supreme Court heard argument earlier this week, and explains how those issues reflect an ideological divide as to other, more accessible matters. Professor Dorf argues that although many conservatives would like to dismantle the modern administrative state, our complex modern society all but requires these government agencies, so conservatives instead seek to make them politically accountable through a Senate-confirmed officer answerable to the president, furthering the so-called unitary-executive theory of Article II. | Read More |
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US Court of Appeals for the Seventh Circuit Opinions | Platinum Supplemental Insurance, Inc. v. Guarantee Trust Life Insurance Co. | Docket: 20-1906 Opinion Date: March 2, 2021 Judge: Joel Martin Flaum Areas of Law: Civil Procedure, Legal Ethics | In 2002, GTL, a mutual reserve company that underwrites insurance policies, engaged Platinum to market its insurance products. After a customer sued both parties, GTL terminated the marketing agreement. In 2015, the lawsuit settled. GTL sued Platinum for breaching the marketing agreement. In 2017, in arbitration, GTL and Platinum entered a settlement agreement, resolving all the claims that had and could have been brought in that litigation and providing for “reasonably proportionate” attorneys fees to the prevailing party in any future litigation. Weeks before the parties executed the 2017 settlement, another customer sued GTL in Missouri. After the 2017 settlement agreement took effect, GTL filed a third-party complaint against Platinum in that Missouri lawsuit, claiming that Platinum breached the marketing agreement by failing to ensure its contractors’ compliance with regulations, GTL's guidelines, and requirements for advertising its insurance products, and GTL's Code of Ethical Market Conduct. Platinum sued GTL in federal court, arguing that the Missouri third-party complaint mirrored claims resolved by the 2017 settlement agreement and was therefore barred. The district court granted Platinum summary judgment and awarded $108,445.10 in attorneys fees (150% of the underlying damages award). The Seventh Circuit affirmed. The 2017 agreement bars the third-party complaint and the award of attorneys fees is “reasonably proportionate” to the underlying damages. | |
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