Legal Opinion

Price v. Wyeth Holdings Corp.

Court of Appeals for the Seventh Circuit

Decided September 20, 2007No. 06-2072PublishedCited by 33 opinions

1Opinion of the Court

SYKES, Circuit Judge.

Charles Price voluntarily dismissed his Indiana state-court lawsuit against American Cyanamid Company and Lederle Laboratories in 1993. Unbeknownst to the defendants, Price then reinstated the suit five years later and obtained a $5 million default judgment from the state court. Price’s attorney gave the defendants no notice of these proceedings until he sought to collect on the judgment in 2004, at which point the defendants quickly removed the case to federal court and had the default judgment vacated based on the lack of notice. The district court ultimately granted…

2Cases cited20 opinions

  1. Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc.Supreme Court of the United States · 1999
  2. Schiavone v. FortuneSupreme Court of the United States · 1986
  3. Joe B. RITCHEY, Plaintiff-Appellant, v. UPJOHN DRUG COMPANY; William Dement, Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1998
  4. Jeffrey D. Brierly, Administrator of the Estate of Paul Brierly v. Alusuisse Flexible Packaging, Inc. David EllisonCourt of Appeals for the Sixth Circuit · 1999
  5. New York Life Insurance v. DeshotelCourt of Appeals for the Fifth Circuit · 1998

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

3Cited by33 opinions

  1. Schur v. L.A. Weight Loss Centers, Inc.Court of Appeals for the Seventh Circuit · 2009
  2. Hubert Walker v. Trailer Transit, Inc.Court of Appeals for the Seventh Circuit · 2013
  3. Thompson v. Deutsche Bank National Trust Co.Court of Appeals for the Fifth Circuit · 2014
  4. Sawyer v. USAA InsuranceDistrict Court, D. New Mexico · 2012
  5. Price v. KuchaesIndiana Court of Appeals · 2011

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API