Legal Opinion

188 LLC v. Trinity Industries, Incorporated

Court of Appeals for the Seventh Circuit

Decided August 1, 2002No. 01-3561PublishedCited by 280 opinions

1Opinion of the Court

RIPPLE, Circuit Judge.

188 LLC (“188”), which leases railroad tanker cars, appeals from decisions of the district court dismissing Count 1 of its second amended complaint under Federal Rule of Civil Procedure 12(b)(6) and denying 188 leave to amend its complaint to add a Count 2. 188’s complaint alleged that Trinity Industries breached its contract to repair some of 188’s tanker fleet. The district court held that 188’s suit was barred by a limitation of remedies provision, which it held was part of the contract as a matter of law. On appeal, 188 contends that the limitation of remedies…

2Cases cited16 opinions

  1. Beddall v. State Street Bank & Trust Co.Court of Appeals for the First Circuit · 1998
  2. Joseph H. Levenstein v. Bernard Salafsky, Patricia A. Gill, and David C. Broski, in Their Individual CapacitiesCourt of Appeals for the Seventh Circuit · 1998
  3. David Keller v. United StatesCourt of Appeals for the Seventh Circuit · 1995
  4. Lyne Brunt, David Wadinski and John Wittenberg v. Service Employees International Union and Dan IversonCourt of Appeals for the Seventh Circuit · 2002
  5. Help at Home, Incorporated v. Medical Capital, L.L.C., D/B/A MedcapCourt of Appeals for the Seventh Circuit · 2001

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3Cited by280 opinions

  1. Equal Employment Opportunity Commission v. Concentra Health Services, Inc.Court of Appeals for the Seventh Circuit · 2007
  2. Geinosky v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2012
  3. West Run Student Housing Associates, LLC v. Huntington National BankCourt of Appeals for the Third Circuit · 2013
  4. Kenneth A. McCready v. Ebay, Inc., Bruce Kamminga, and David McDuffeeCourt of Appeals for the Seventh Circuit · 2006
  5. Brian Lax v. Alejandro MayorkasCourt of Appeals for the Seventh Circuit · 2021

275 more not listed; retrieve them via the Exa API.

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