7th Circuit finds judge erred on ‘guardrail’ for Erie prediction

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 14, 2024 11:03 AM

In an Illinois diversity case that required a prediction on how the Nebraska Supreme Court would answer a question of law, the 7th U.S. Circuit Court of Appeals concluded that a decision tossing a tortious interference claim misapplied one of the “guardrails” for judges making Erie guesses.Green Plains Trade Group relied on Sec. 766A of the Restatement (Second) of Torts in suing Archer Daniels Midland Co. for alleged tortious interference with contract. The complaint contends “ADM unlawfully manipulated the price of …

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