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Parker Hudson
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Order | Filed: May 09, 2024 | Entered: May 09, 2024 First State Insurance Company v. XTRA Corporation et al
Insurance | Illinois Southern
Order ~Util - Set Deadlines
ORDER regarding 143 Defendants Fireman's Fund Insurance Company, American Insurance Company, and Associated Indemnity Company's (collectively "FFIC") Motion to Certify Choice of Law Order for Interlocutory Appeal under 28 U.S.C. § 1292(b). The motion does not address certain cases from the Seventh Circuit that appear to be relevant to this Court's analysis of the certification question. Specifically, in Freeman v. Kohl & Vick Mach. Works, Inc., 673 F.2d 196, 201 (7th Cir. 1982), the court dismissed an appeal for lack of jurisdiction, in part because a contested conflict of law determination "involves considerations that are enmeshed in the factual and legal issues comprising the plaintiff's cause of action," and the case had not yet reached final judgment (internal quotation marks omitted). Freeman went on to explain that "the making of a conflict of laws determination... is subject to effective review after final judgment." Id. (emphasis added). The Seventh Circuit reaffirmed this holding in Gramercy Mills, Inc. v. Wolens, 63 F.3d 569, 571 (7th Cir. 1995), where, in reliance on Freeman, it held that "one may not bring an interlocutory appeal of a district court's choice of law determination." See also Orion Sales, Inc. v. Emerson Radio Corp., 148 F.3d 840, 842 (7th Cir. 1998) (same). FFIC is DIRECTED to file a supplemental brief addressing these authorities on or before Friday, May 17, 2024. This supplemental brief shall not exceed 5 pages. If FFIC believes that, despite Freeman, Gramercy Mills, and Orion Sales, certification of the Court's choice of law order is appropriate under § 1292(b), it should explain why. The other parties are also invited to submit briefing on this issue if they so choose. Such briefing may not exceed 5 pages. (Action due by 5/17/2024). Signed by Chief Judge Nancy J. Rosenstengel on 5/9/2024. (dkb). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Notice | Filed: May 08, 2024 | Entered: May 08, 2024 United States Of America et al v. Genesis Global Healthcare, et al
Qui Tam (31 U.S.C. § 3729(a)) | Georgia Southern
Notice of Filing
NOTICE of Filing by E. Jerry Cohn, Jr Notice of Filing Proposed ORDER on Joint Stipulation Of Dismissal (Cohn et al.) (Attachments: # 1 Text of Proposed Order Proposed ORDER on Joint Stipulation Of Dismissal (Cohn et al.))(Durham, James)
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Notice | Filed: May 08, 2024 | Entered: May 08, 2024 In Re: National Prescription Opiate Litigation
P.I.: Other | Ohio Northern
Attorney Appearance (court event)
Attorney Appearance by William W. Metcalf filed on behalf of OptumRx, Inc. (M,CE)
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