Fundamental Defects

Listen to this article

7^th Circuit Court of Appeals

Case Name: U.S. Bank National Association v. Cheryle A. Collins-Fuller T.

Case No.: 15-2415

Officials: WOOD, Chief Judge, and POSNER and FLAUM, Circuit Judges.

Focus: Fundamental Defects

Appellants fail to serve third-party with complaint and has case properly dismissed due to fundamental defects.

“The Fullers came close to waiving this argument by not raising it specifically before the district court. See Larson v. United Healthcare Ins. Co., 723 F.3d 905, 918 (7th Cir. 2013). In any event, we cannot say that the court acted impermissibly by declining to provide an extension of time, see Coleman v. Milwaukee Bd. of Sch. Dirs., 290 F.3d 932, 933–34 (7th Cir. 2002). Whether Litton Loan had actual notice of the claims against it through its parent company is only one factor the district court may consider when deciding whetherto extend the time for service. See Cardenas v. City of Chicago, 646 F.3d 1001, 1006– 07 (7th Cir. 2011). The court was free to determine, as it did, that the Fullers’ failure over two years to pursue their claims against Litton Loan diligently—or really to pursue them at all—ruled out the necessary extension”

Affirmed

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.