Legal Opinion

Magdalene M. Smoot and Ryan M. Smoot v. Mazda Motors of America, Inc. And Tokio Marine and Fire Insurance Company, Ltd.

Court of Appeals for the Seventh Circuit

Decided November 29, 2006No. 05-4577PublishedCited by 58 opinions

1Opinion of the Court

POSNER, Circuit Judge.

The district judge, after barring the plaintiffs’ expert from testifying, dismissed this diversity personal-injury suit (the substantive issues in which are governed by Wisconsin law) on the ground that without expert testimony the plaintiffs could not prove their case.

Before reviewing that ruling, we remark the confusion in the parties’ briefs concerning the elements of the diversity jurisdiction. The jurisdictional statement in the appellants’ brief states that the federal district court’s jurisdiction was based on diversity of citizenship “and the jurisdictional…

2Cases cited31 opinions

  1. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  2. Hicklin Engineering, L.C., Cross-Appellee v. R.J. Bartell and R.J. Bartell & Associates, L.L.C.Court of Appeals for the Seventh Circuit · 2006
  3. Metz v. Central Illinois Electric & Gas Co.Illinois Supreme Court · 1965
  4. Lambrecht v. Estate of KaczmarczykWisconsin Supreme Court · 2001
  5. Zenith Electronics Corp. v. Wh-Tv Broadcasting Corp., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 2005

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3Cited by58 opinions

  1. Rutherford v. Columbia GasCourt of Appeals for the Sixth Circuit · 2009
  2. Markel American Insurance v. DolanDistrict Court, N.D. Illinois · 2011
  3. Show v. Ford Motor Co.Court of Appeals for the Seventh Circuit · 2011
  4. Clifford v. Crop Production Services, Inc.Court of Appeals for the Seventh Circuit · 2010
  5. Jack Morgan v. BOPCourt of Appeals for the Seventh Circuit · 2025

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

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