Dismiss 2 Of 5 Counts In Railroad’s Injunctive Relief Suit, Magistrate Recommends

Mealey's (October 4, 2021, 3:03 PM EDT) -- SPRINGFIELD, Ill. — A railroad company’s claim for a declaration of no liability does not allege a case or controversy, and its bid for a declaratory judgment that res judicata bars reinsurer Illinois Mine Subsidence Insurance Fund (IMSIF) from bringing any more mine subsidence claim actions against it fails to state a claim, a federal magistrate judge in Illinois said in a report filed Sept. 29, recommending that the reinsurer’s motion to dismiss be granted only as to those claims....