Friday, August 12, 2011

Seventh Circuit -- Aurora Blacktop Inc. v. American Southern Insurance

Aurora Blacktop Inc. v. American Southern Insurance

Removal is proper despite lack of party who should be joined, as party was never served in state action - additionally, parties waived the issue by not challenging removal within 30 days.

Under Illinois law, language in the surety must reference third parties in order for them to have third party standing for enforcement - subsequent letters of the direct beneficiary are irrelevant, as the intention at the time of contract is the deciding fact.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.