⚖ Oral Arguments, with Context

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Austin Tepp v. Portland Terminal Railroad Company — 7th Cir. (Sep 18, 2026)

No. 25-2926 Argued September 18, 2026 Published September 20, 2026

The Seventh Circuit hears Austin Tepp's negligence appeal against Union Pacific Railroad. Tepp says a Union Pacific flagman waved him through a crossing as a train backed across the road. His car collided with the train, and he sued for negligence. The district court allowed his flagman claim to survive summary judgment. After years of missed deadlines and warnings, the court dismissed the case. It did so with prejudice after his lawyer failed to file the final pretrial order. Under Rule 41(b), a court may dismiss when a plaintiff fails to prosecute or comply with court orders. Tepp will ask the Seventh Circuit to restore his case. He says dismissal was too severe and the judge improperly relied on his lawyer's conduct in other cases. Union Pacific will respond that repeated warnings and continued delays warranted dismissal.

Austin Tepp v. Portland Terminal Railroad Company (No. 25-2926) — U.S. Court of Appeals for the Seventh Circuit, argued September 18, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Seventh Circuit (public domain, 17 U.S.C. § 105):https://media.ca7.uscourts.gov/sound/external/ef.25-2926.25-2926_09_18_2026.mp3
Argument listing — U.S. Court of Appeals for the Seventh Circuit:https://media.ca7.uscourts.gov/oralArguments/oar.jsp?amonth=09%2F2026&aMonth=List+case%28s%29
Summary-judgment opinion — U.S. District Court for the Northern District of Illinois via Justia:https://law.justia.com/cases/federal/district-courts/illinois/ilndce/3%3A2020cv50466/393629/104/
Dismissal opinion — U.S. District Court for the Northern District of Illinois via Justia:https://cases.justia.com/federal/district-courts/illinois/ilndce/3%3A2020cv50466/393629/140/0.pdf
Reconsideration opinion — U.S. District Court for the Northern District of Illinois via Justia:https://law.justia.com/cases/federal/district-courts/illinois/ilndce/3%3A2020cv50466/393629/147/
Federal Rule of Civil Procedure 41 — Cornell Legal Information Institute:https://www.law.cornell.edu/rules/frcp/rule_41

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