Foster v. Principal Life Ins. Co., No. 14-3203 (7th Cir. 2015)
Annotate this CaseFrancis Foster filed suit against Principal Life Insurance Company, alleging, inter alia, tortious interference with prospective economic advantage. Principal filed a motion to dismiss the complaint on the grounds that Foster lacked standing to sue and that he failed to state a claim. The district court dismissed the complaint but did so on the theory that Foster’s claims were “derivative” of a related lawsuit and that his settlement of that lawsuit barred his claim against Principal. The district court also denied Foster’s motion to amend his complaint. The Seventh Circuit vacated the judgment, holding (1) Foster’s complaint stated a claim for intentional interference with prospective economic advantage, and Foster’s claim was not precluded by any other litigation; and (2) on remand, the district court should consider anew Foster’s motion to amend the complaint.
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