Court Error – Abuse of Discretion

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7^th Circuit Court of Appeals

Case Name: Deborah Amling v. Harrow Industries LLC, et al.

Case No.: 19-1805

Officials: EASTERBROOK, HAMILTON, and ST. EVE, Circuit Judges.

Focus: Court Error – Abuse of Discretion

Deborah Amling and her husband Robert sued Harrow Industries and other businesses in an Illinois state court for causing Robert to develop mesothelioma by exposing him to asbestos. Two years later, the Amlings sued Harrow again, this time in federal court, seeking a declaratory judgment on the meaning of an asset‐purchase agreement between Harrow and another company, Nexus, also a defendant in the Amlings’ state suit. The district judge thought the declaratory judgment action unripe and dis‐ missed it. Even if it were ripe, the judge ruled in the alternative, she would decline to exercise jurisdiction over it. The Amlings appealed. Robert died while this appeal has been pending; Deborah now prosecutes the state and the federal lawsuits in her own right and as representative of Robert’s estate.

We affirm. It is virtually certain that the Amlings’ state suit will answer the question presented by their federal suit: whether under the terms of the asset‐purchase agreement Harrow or Nexus could be liable for their injuries. That fact makes this a live controversy but simultaneously justifies the district court’s sound exercise of its discretion in deciding not to issue a declaratory judgment.

Affirmed

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.