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Professional Service Network, Inc. v. American Alliance Holding Co.

Company's financial distress, which allegedly compelled litigation settlement, was not evidence of duress sufficient to void settlement where company failed to pursue intervening legal remedies such as injunctive relief.

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The full case caption appears at the end of this opinion.

Posner, Circuit Judge. This diversity suitbetween two insurance companies comes to us fromthe grant of summary judgment for the plaintiff,Professional Service Network (PSN), by ChiefJudge Shabaz in the district court. The suit isgoverned, so far as substantive matters areconcerned, by Wisconsin law. The appeal, by thedefendant, American Alliance Holding Company,presents issues concerning Wisconsin’s doctrineof contractual duress and the federal principlesgoverning abstention in favor of a parallellitigation pending in another court; Chief JudgeShabaz had denied Alliance’s motion to stay thepresent suit in favor of a parallel suit filed byAlliance in North Carolina. We begin by trying tounravel the tangle, both substantive andprocedural, that is the history of the parties’dispute.

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