Seventh Circuit – Page 2 – Paul Mollica's Federal Courts Blog

Fed. R. Civ. P. 27 Pre-Filing Deposition Is Not a Vehicle for Jurisdictional Discovery, Holds Seventh Circuit

In Qin v. Deslongchamps, No. 21-1873 (7th Cir. Apr. 14, 2022), the Seventh Circuit affirms the denial of a petition to take a Fed. R. Civ. P. 27 deposition of a member of a limited liability corporation (LLC) to ascertain their citizenship before filing a diversity suit in federal court. For federal diversity purposes, LLCsContinue reading “Fed. R. Civ. P. 27 Pre-Filing Deposition Is Not a Vehicle for Jurisdictional Discovery, Holds Seventh Circuit”

Another Court of Appeals Has to Write an Opinion Reminding Litigants That Fed. R. Evid. 702 Applies to Nearly All Cases in Federal Court Involving Expert Testimony

In Love v. United States, No. 20-3534 (7th Cir. Nov. 4, 2021), the Seventh Circuit issues a short opinion devoted entirely to knocking down an argument that state rather than federal expert-witness evidence rules apply to a case governed by state law. This mirrors a recent Second Circuit opinion from October 6, 2021. Plaintiff VargasContinue reading “Another Court of Appeals Has to Write an Opinion Reminding Litigants That Fed. R. Evid. 702 Applies to Nearly All Cases in Federal Court Involving Expert Testimony”

Seventh Circuit Criticizes District Court’s Delay in Issuing Its Merits Opinion Months After Ordering Dismissal of the Case, Citing Fed. R. App. P. 4(a)(7)(A)(ii)

In The Association of American Physicians & Surgeons v. American Board of Medical Specialties, No. 20-3072 (7th Cir. Oct. 10., 2021), affirming dismissal of an antitrust complaint brought under § 1 of the Sherman Act, the Seventh Circuit criticizes the district court’s delay in issuing the final opinion—a practice that in other circumstances cold “risk[]Continue reading “Seventh Circuit Criticizes District Court’s Delay in Issuing Its Merits Opinion Months After Ordering Dismissal of the Case, Citing Fed. R. App. P. 4(a)(7)(A)(ii)”

Seventh Circuit Discusses “Nerve Center” Test for Diversity Jurisdiction as Applied to Corporate Subsidiaries

In Big Shoulders Capital LLC v. San Luis & Rio Grande Rd., No. 20-1503 (7th Cir. Sept. 3, 2021), the court remands a diversity action to determine whether the subsidiaries of a railroad – under the “nerve center” test – are citizens (1) of Illinois where the parent is headquartered, or (2) of Oregon, Delaware,Continue reading “Seventh Circuit Discusses “Nerve Center” Test for Diversity Jurisdiction as Applied to Corporate Subsidiaries”

Tenth Circuit Holds That a Single Phone Call That the Debtor Didn’t Even Answer Created Standing Under the FDCPA, Breaking with the Seventh Circuit

In a blog entry dated December 16, 2020, I summarized five decisions by the Seventh Circuit that dramatically crimped Article III standing in Fair Debt Collection Practices Act (FDCPA) cases. In yesterday’s decision, Lupia v. Medicredit, No. 20-1294 (10th Cir. Aug. 17, 2021), the Tenth Circuit expressly rejects the Seventh Circuit’s approach and holds thatContinue reading “Tenth Circuit Holds That a Single Phone Call That the Debtor Didn’t Even Answer Created Standing Under the FDCPA, Breaking with the Seventh Circuit”

Seventh Circuit Affirms Remand of City’s Royalty Lawsuit Against Video Streaming Services Back to State Court, Based on “Comity Abstention”

In City of Fishers, Indiana v. DIRECTTV, No.20-3478 (7th Cir. July 21, 2021), the Seventh Circuit holds that a suit involving “state taxation of commercial activity” belonged in state court, and should not have been removed to federal court, under the seldom-invoked “comity abstention” doctrine. This action was brought under Indiana’s Indiana Video Service FranchisesContinue reading “Seventh Circuit Affirms Remand of City’s Royalty Lawsuit Against Video Streaming Services Back to State Court, Based on “Comity Abstention””

Law Firm With “Stateless Partners” Not A Citizen for Purposes of Diversity, Holds Seventh Circuit

In Page v. Democratic Nat’l Comm., No. 20-2781 (7th Cir. June 21, 2021), the Seventh Circuit affirms dismissal of a defamation action against a law partnership with partners domiciled overseas, holding that it is not the citizen of any state for diversity jurisdiction purposes. Carter Page, “a foreign policy advisor to former President Donald Trump’sContinue reading “Law Firm With “Stateless Partners” Not A Citizen for Purposes of Diversity, Holds Seventh Circuit”

Two Judges of the Seventh Circuit Say That They, Too, Are Getting Fed Up with Spokeo and Standing

A couple of weeks ago, Judge Newsom of the Eleventh Circuit made a splash with a long, scholarly concurring opinion suggesting a complete refurbishing of standing doctrine. (See May 6, 2021 entry.) Last Friday, in Markakos v. Medicredit, Inc., No. 20-2350 (7th Cir. May 14, 2021), two more judges of the Seventh Circuit express theirContinue reading “Two Judges of the Seventh Circuit Say That They, Too, Are Getting Fed Up with Spokeo and Standing”

Seventh Circuit Recounts Saga of Lawyer Who Asked to Withdraw from Case Right Before Closing Argument

In Black v. Wrigley, No. 20-2656 (7th Cir. May 10, 2021), the Seventh Circuit affirms a defense jury verdict in a defamation case in which plaintiff’s counsel tried to withdraw at the close of a jury trial due to an apparent conflict with his client. On Friday, “the day of closing arguments, when [plaintiff]’s trialContinue reading “Seventh Circuit Recounts Saga of Lawyer Who Asked to Withdraw from Case Right Before Closing Argument”