Lindner v. Union Pacific Railroad Co., No. 13-1422 (7th Cir. 2014)Annotate this Case
Plaintiff filed a wrongful death action against Union Pacific in state court after his parents were killed when a Union Pacific train derailed and caused a bridge to collapse. Union Pacific removed to federal court based on diversity jurisdiction where plaintiff's parents were domiciled in Illinois and Union Pacific is a Delaware corporation with its principal place of business in Nebraska. On appeal, Union Pacific challenged the district court's grant of plaintiff's request for leave to amend his complaint to add claims against two Illinois residents. The court held that, because the order granting leave to amend can be reviewed in state court, mandamus relief is neither necessary nor appropriate. In this instance, Union Pacific's appeal and request for a writ of mandamus must be dismissed.