Legal Opinion

Bonnie M. Wojtas and Richard J. Wojtas v. Capital Guardian Trust Company Now Known as Capital Bank & Trust Company

Court of Appeals for the Seventh Circuit

Decided February 15, 2007No. 05-4248PublishedCited by 97 opinions

1Opinion of the Court

SYKES, Circuit Judge.

Bonnie and Richard Wojtas appeal the district court’s denial of their motion to voluntarily dismiss their suit against the former custodian of Bonnie Wojtas’s IRA account, Capital Guardian Trust (“Capital”), and the court’s order dismissing the suit with prejudice on statute of limitations grounds. The district court determined that permitting voluntary dismissal without prejudice under Rule 41(a)(2) of the Federal Rules of Civil Procedure would deprive Capital of its statute of limitations defense under Wisconsin law, resulting in plain legal prejudice. The court then…

2Cases cited10 opinions

  1. Cincinnati Insurance Company v. Eastern Atlantic Insurance Company and Integrity Underwriters, Inc.Court of Appeals for the Seventh Circuit · 2001
  2. Bill Phillips v. Illinois Central Gulf RailroadCourt of Appeals for the Fifth Circuit · 1989
  3. Robert J. Kovalic v. Dec International, Inc., a Wisconsin Corporation, Henrik Moe, and D.E. LinsCourt of Appeals for the Seventh Circuit · 1988
  4. United States v. Outboard Marine Corp.Court of Appeals for the Seventh Circuit · 1986
  5. Beloit Liquidating Trust v. GradeWisconsin Supreme Court · 2004

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3Cited by97 opinions

  1. Diana Arias v. Joseph T. CameronCourt of Appeals for the Eleventh Circuit · 2015
  2. Buonomo v. Optimum Outcomes, Inc.District Court, N.D. Illinois · 2014
  3. Roy Fluker v. Kankakee County, IllinoisCourt of Appeals for the Seventh Circuit · 2013
  4. H-D U.S.A., LLC v. SunFrog, LLCDistrict Court, E.D. Wisconsin · 2018
  5. IPOX Schuster, LLC v. Nikko Asset Management Co.District Court, N.D. Illinois · 2016

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

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