Yassan v. J.P. Morgan Chase and Co.

Federal 7th Circuit Court
Civil Court
Removal Jurisdiction
Case Number: 
No. 12-2313
Decision Date: 
February 28, 2013
Federal District: 
N.D. Ill, E. Div.
Dist. Ct. had jurisdiction to act on ADEA action that had originally been filed in state court proceeding, but had been removed to federal court one day after said action had been dismissed by state court for want of prosecution. Plaintiff’s state court action was still “pending” for purposes of removal statute because plaintiff had ability to reinstate said action at time of removal, and parties otherwise acted as if case had been reinstated as of date Dist. Ct. entered its own dismissal order of ADEA action. Result is same even where, as here, Dist. Ct. had not formally reinstated plaintiff’s lawsuit at time of its dismissal. Moreover, Dist. Ct. could properly dismiss ADEA action where plaintiff had previously signed broad release that precluded plaintiff from filing instant action. Ct. rejected plaintiff’s claim that release did not apply where plaintiff alleged that defendant fraudulently induced him to sign release.