Legal Opinion
Peerless Network, Inc. v. MCI Communications Services, I
Court of Appeals for the Seventh Circuit
Decided February 20, 2019No. 18-2747PublishedCited by 29 opinions
1Opinion of the Court
St. Eve, Circuit Judge.
This case takes us into the complex world of telecommunications, but the question we confront is simple: Was the district court correct to grant partial final judgment under Federal Rule of Civil Procedure 54(b) on some claims, despite their significant factual overlap with pending claims? We conclude that it was not. We also conclude that a genuine issue of fact persists with respect to certain breach-of-contract claims. We therefore vacate the Rule 54(b) judgment on certain counts, dismiss in part for lack of jurisdiction, and otherwise reverse and remand.
I. Background
2Cases cited13 opinions
- Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980
- Reiter v. CooperSupreme Court of the United States · 1993
- Donna Hendricks-Robinson, Penny Moore, Teresa Westlake v. Excel CorporationCourt of Appeals for the Seventh Circuit · 1998
- Baltimore and Ohio Chicago Terminal Railroad Company v. Wisconsin Central LimitedCourt of Appeals for the Seventh Circuit · 1998
- Charlotte A. Pitcher v. Principal Mutual Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1996
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3Cited by29 opinions
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- Villas at Winding Ridge v. State Farm Fire and CasualtyCourt of Appeals for the Seventh Circuit · 2019
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