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Tuesday, January 25, 2005

Ind. Decisions - 7th Circuit posts two today

Nylok Corporation v. Fastener World Inc. (ND Ill.)

Before EASTERBROOK, KANNE, and EVANS, Circuit Judges. KANNE, Circuit Judge. Nylok Corporation filed a complaint in the district court alleging trademark violations by five foreign corporations. The case was dismissed under Federal Rule of Civil Procedure 4(m) because of Nylok’s failure to serve the defendants within 120 days. Nylok argues on appeal that Rule 4(m) explicitly does not apply to foreign service and that the district court’s decision to dismiss should be reversed. For the reasons set forth in this opinion, we agree.
Crest Hill Land v. City of Joliet (ND Ill.)
Before KANNE, EVANS, and SYKES, Circuit Judges.
KANNE, Circuit Judge. Crest Hill Land Development, LLC (“Crest”), the owner of a proposed business park on Division Street, in Will County Illinois, filed a two-count complaint against the City of Joliet alleging that its “no truck” policy on that street constituted violations of federal and state law. In its answer, the City admitted that Division Street was a “locally designated highway,” a designation that would allow truck access. Nearly six months later, after the close of discovery, the City moved to amend its answer with regard to the characterization of Division Street. The district court denied the City’s motion to amend and granted permanent injunctive relief by way of summary judgment for Crest. The City appeals. For the reasons stated herein, we affirm.

Posted by Marcia Oddi on January 25, 2005 01:11 PM
Posted to Ind. (7th Cir.) Decisions