Tag Archives: Seventh Circuit

Seventh Circuit Merits Panel Overrules Motion Panel, Revoking Appointment of Appellate Counsel That Resulted in “Forbidden” Hybrid Representation

In United States v. Njos, No. 21-3412 (7th Cir. May 22, 2023), a Seventh Circuit holds – in the fullness of time – that the court’s motion panel should not have appointed counsel in behalf of a criminal defendant to pursue an argument that the defendant expressly waived, and therefore grants the defendant’s motion toContinue reading “Seventh Circuit Merits Panel Overrules Motion Panel, Revoking Appointment of Appellate Counsel That Resulted in “Forbidden” Hybrid Representation”

Seventh Circuit Once Again Tangles with Whether a Chinese-Based Company Is a Corporation or a Limited Liability Company for Purposes of Alien-Citizen Diversity Jurisdiction

Previously, this blog reported on a complex 28 U.S.C. §1332(a)(2) issue of whether a Chinese enterprise was properly held to be a partnership, corporation, or foreign state for diversity purposes (see January 31, 2023 post) decided by the Seventh Circuit.  This Seventh Circuit case, Sunny Handicraft (H.K.) Ltd. v. Envision This! LLC, No. 21-1579 (7thContinue reading “Seventh Circuit Once Again Tangles with Whether a Chinese-Based Company Is a Corporation or a Limited Liability Company for Purposes of Alien-Citizen Diversity Jurisdiction”

Decennial Redistricting Mooted Six-Year-Old Constitutional Challenge to Petition Requirement, Holds Seventh Circuit

In Gill v. Linnabary, No. 22-1653 (7th Cir. Mar. 22, 2023), the Seventh Circuit dismisses as moot a challenge first filed in 2016 that challenged the Illinois ballot access rules to run for Congress as an independent. “The Illinois Election Code sets forth certain nomination requirements for independent candidates to appear on the general electionContinue reading “Decennial Redistricting Mooted Six-Year-Old Constitutional Challenge to Petition Requirement, Holds Seventh Circuit”

Seventh Circuit Divides Over Whether There Is a “Corruption” Exception to the Rooker-Feldman Doctrine

In Hadzi-Tanovic v. Johnson, No. 21-3373 (7th Cir. Mar. 14, 2023), the Seventh Circuit overrules (over a two-judge dissent) prior panel decisions holding that a plaintiff can avoid the operation of the Rooker–Feldman doctrine by alleging that the state-court judgment was the product of corruption. “This case arises out of a custody dispute between plaintiffContinue reading “Seventh Circuit Divides Over Whether There Is a “Corruption” Exception to the Rooker-Feldman Doctrine”

Seventh Circuit Maneuvers a Jurisdictional Puzzle Box About Whether a Chinese Defendant May Be a Partnership, Corporation, or Foreign State for Diversity Purposes

In Yancheng Shanda Yuanfeng Equity Investment Partner v. Wan, No. 22-1199 (7th Cir. Jan. 31, 2023), the Seventh Circuit hits a jurisdictional snag with how to determine the citizenship of a “hybrid” entity with characteristics of a partnership, a corporation, and a foreign state, each of which commands different treatment under the diversity jurisdiction statute,Continue reading “Seventh Circuit Maneuvers a Jurisdictional Puzzle Box About Whether a Chinese Defendant May Be a Partnership, Corporation, or Foreign State for Diversity Purposes”

Seventh Circuit Holds That Denial of Motion to Quash Administrative Warrant Is Not a Final Order for Immediate Appeal Under 28 U.S.C. § 1291

In Anthony Marano Co. v. Walsh, No. 21-2661 (7th Cir. Oct. 18, 2022), presenting an issue of first impression for the circuit, the Seventh Circuit holds that there is no appellate jurisdiction to review the legal sufficiency of an administrative warrant prior to its execution under 28 U.S.C. § 1291. “Anthony Marano Company (‘AMC’ orContinue reading “Seventh Circuit Holds That Denial of Motion to Quash Administrative Warrant Is Not a Final Order for Immediate Appeal Under 28 U.S.C. § 1291”

Federal Judge Subject to In-Court Death Threat by Criminal Defendant Not Required to Recuse Himself from Sentencing, Holds Split Seventh Circuit Panel

In United States v. Walsh, No. 21-1220 (7th Cir. Aug. 24, 2022), a 2-1 panel holds that a federal district court did not abuse its discretion in denying recusal from sentencing a criminal defendant who made a direct and credible death threat against the judge, his family, and court employees in court. “At 71 yearsContinue reading “Federal Judge Subject to In-Court Death Threat by Criminal Defendant Not Required to Recuse Himself from Sentencing, Holds Split Seventh Circuit Panel”

Seventh Circuit Affirms Dismissal of RICO Lawsuit Because It Would Require Intrusion on the “Motives of Individual State Legislators” in Passing a Utility Rate Hike, Citing the Rule of Fletcher v. Peck

In South Branch LLC v.  Commonwealth Edison Co., No. 21-2861 (7th Cir. Aug. 22, 2022), a potentially massive Racketeer Influenced and Corrupt Organizations Act (RICO) civil case challenging corrupt influence in the Illinois General Assembly, ends at the pleading stage. The panel cites both the “filed rate doctrine” that precludes judicial review of utility ratesContinue reading “Seventh Circuit Affirms Dismissal of RICO Lawsuit Because It Would Require Intrusion on the “Motives of Individual State Legislators” in Passing a Utility Rate Hike, Citing the Rule of Fletcher v. Peck”

Seventh Circuit Notes Important Difference Between Rejected Fed. R. Civ. P 68 Offer and Non-Rule 68 Settlement Offer in Determining Reasonable Attorney’s Fee

In Cooper v.  Retrieval Masters Creditors, No. 18-2358 (7th Cir. July 29, 2022), the Seventh Circuit vacates and remands an attorney’s fee award that was improperly reduced in a Fair Debt Collection Practices Act (FDCPA) case in reliance on a rejected, non-Rule 68 settlement offer in a mediation. “In February 2016, defendant Retrieval‐Masters Creditors BureauContinue reading “Seventh Circuit Notes Important Difference Between Rejected Fed. R. Civ. P 68 Offer and Non-Rule 68 Settlement Offer in Determining Reasonable Attorney’s Fee”

Seventh Circuit Busts Plaintiffs for “Judge Shopping,” Vacates and Remands Second Case to Be Reassigned to the Original Judge

In Ewing v. Carrier, No. 21-2890 (7th Cir. May 25, 2022), the Seventh Circuit skips a decision on the merits of a fraud and breach or contract case, finding that it was related to a pending case and should not have been filed as a new matter in front of a second judge. It vacatesContinue reading “Seventh Circuit Busts Plaintiffs for “Judge Shopping,” Vacates and Remands Second Case to Be Reassigned to the Original Judge”