Seventh Circuit Affirms Dismissal Under the Doctrine of Derivative Jurisdiction, But Devises Prospective 30-Day Deadline for Defendants to Raise This Objection

In Ricci v. Salzmanin, No. 19-3035 (7th Cir. Oct. 1, 2020) (per curiam), a two-judge panel affirms dismissal of a complaint removed to federal court, because the state court where it was originally filed lacked jurisdiction, but also holds henceforth that defendants must raise this defect within 30 days of removal. (This is the firstContinue reading “Seventh Circuit Affirms Dismissal Under the Doctrine of Derivative Jurisdiction, But Devises Prospective 30-Day Deadline for Defendants to Raise This Objection”

Seventh Circuit Issues Writ of Mandamus to Vacate District Court’s Grant of Stay Pending Certiorari

In In re A.F. Moore & Associates, Inc., No. 20-2497 (7th Cir. Sept. 10, 2020) (per curiam), the Seventh Circuit granted a petition for writ of mandamus to vacate a stay pending certiorari that was granted by the district court after the court of appeals had already denied it. “In January, we reversed the dismissalContinue reading “Seventh Circuit Issues Writ of Mandamus to Vacate District Court’s Grant of Stay Pending Certiorari”

Seventh Circuit Casts Skeptical Eye on Municipal Taxpayer Standing in Challenge to Obama Presidential Center

In Protect Our Parks, Inc. v. Chicago Park Dist., No. 19-2308 (7th Cir. Aug. 21, 2020), the panel holds that a resident of Chicago lacked so-called “taxpayer standing” to challenge construction of the Obama Presidential Center (“OPC”) in historic Jackson Park on Chicago’s South Side. Indeed, the panel casts doubt whether such a doctrine evenContinue reading “Seventh Circuit Casts Skeptical Eye on Municipal Taxpayer Standing in Challenge to Obama Presidential Center”

Union Took Wrong Route to Challenge Inclusion in Declaratory Judgment, Holds Seventh Circuit

In Shakman v. Clerk of the Circuit Court, No. 19-2772 (7th Cir. Aug. 13, 2020), the Seventh Circuit dismisses an appeal on the ground that the union bringing it was not a party to the action below, and thus the court lacked jurisdiction to consider its challenge a declaratory judgment that affected its operations. Shakman,Continue reading “Union Took Wrong Route to Challenge Inclusion in Declaratory Judgment, Holds Seventh Circuit”

Seventh Circuit Refuses to Seal Opinion That Discloses Sensitive Medical Information

In Mitze v. Saul, No. 19-3212 (7th Cir. July 31, 2020) (per curiam), the Seventh Circuit reminds litigants that only extraordinary circumstances justify the sealing of a judicial opinion, and that preventing the disclosure of personal medical information alone is insufficient. In 2013, the plaintiff filed an action appealing the denial of Social Security benefits;Continue reading “Seventh Circuit Refuses to Seal Opinion That Discloses Sensitive Medical Information”