DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
083811P.pdf 12/09/2010 Rene Junk v. Terminix International Co.
U.S. Court of Appeals Case No: 08-3811
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Murphy, Author, with Beam and Benton, Circuit
Judges]
Civil case - torts. Plaintiff's complaint stated facts sufficient to make a
colorable claim against defendant Breneman under Iowa law, and the
claim against him should have been remanded to state court; district
court's order error in denying remand with respect to Breneman, while
erroneous, did not invalidate its subsequent orders as the court had
diversity jurisdiction with respect to the other defendants; district court's
orders refusing to admit plaintiff's expert witnesses' testimony were not
erroneous; no error in excluding an EPA report on the grounds it had
little probative value and posed a substantial risk of prejudice; district
court did not err in granting summary judgment to the defendants on the
ground plaintiff failed to establish general and specific causation.