Dist. Ct. did not err in granting defendant’s motion for summary judgment in plaintiff-out-of-state title insurance company’s action alleging that defendant-Commissioner discriminated against plaintiff, where he imposed fines for regulatory violations that were greater than fines imposed on similar in-state title companies. Plaintiff had waived instant issue on appeal, where plaintiff had previously signed agreement to pay said fines that included clause that plaintiff had “waived right to judicial review of the matter.” Fact that lawyer for plaintiff told plaintiff that it faced potential $9.5 million fine if it did not agree to instant $70,082 fine and $42,202 consumer reimbursement did not constitute duress, since there were no threats of violence, and lawyer’s mention of potential $9.5 million fine was accurate statement of law.
Federal 7th Circuit Court
Civil Court
Waiver