(DOWNLOAD) "Kortebein v. American Mutual Life Insurance Co." by Texas Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Kortebein v. American Mutual Life Insurance Co.
- Author : Texas Court of Appeals
- Release Date : January 10, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Stuart Kortebein and forty-four other Illinois residents were among more than 130,000 plaintiffs in a nationwide class-action suit filed in Texas against American Mutual Life Insurance Company, now known as AmerUs Life Insurance Company (AmerUs), which resulted in a court-approved settlement. Kortebein did not opt out of the class action and participated in the settlement process; later, however, Kortebein sued AmerUs in Illinois asserting the same claims at issue in the Texas class action and claiming that the settlement was fraudulent. AmerUs asked the Texas district court to enforce its judgment by enjoining the Illinois residents from proceeding with the Illinois suit. Kortebein responded by challenging the district courts jurisdiction through a special appearance and arguing against AmerUss request for the injunction. The district court denied Kortebeins special appearance and permanently enjoined the Illinois residents from proceeding with the suit against AmerUs in Illinois. Kortebein appeals that order, asserting that the district court erred in denying the special appearance because that court lacked personal jurisdiction over the Illinois residents, and that Kortebein is permitted by law to collaterally attack the class-action judgment in a forum of his choosing. We affirm the judgment of the district court.
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