Am. River Transp. Co. v. Ryan, No. 08-1545

District court's dismissal of plaintiff's lawsuit against defendant for injuries sustained in a collision is reversed and remanded as neither the injunction by the district court, nor the law, requires plaintiff to dismiss her state suit, as plaintiff can maintain her preexisting state claim so long as she stays the suit during the pendency of the Shipowner's Limitation of Liability Act proceedings.  The district court abused its discretion in ordering the plaintiff to dismiss her state suit as a sanction.     

Read Am. River Transp. Co. v. Ryan, No. 08-1545

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.
Argued February 11,  2009
Decided August 27, 2009

Judges

Before Bauer, Ripple and Wood, Circuit Judges 
Opinion by Wood, Circuit Judge.