Tag Archives: Diversity Jurisdiction

A Jurisdictional Twist: 7th Cir. Holds That District Court Had Supplemental Jurisdiction Over Federal Claim and Original Jurisdiction Over State Claim

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There’s nothing inherently unique about the substantive issues in Burzlaff v. Thoroughbred Motorsports, Inc., No. 13-2520 (July 10, 2014), a decision released yesterday by the Seventh Circuit. The plaintiff, Ronald Burzlaff, purchased what he alleged was a defective “Stallion” motorized tricycle from Thoroughbred Motorsports and then brought claims against Thoroughbred under the federal Magnuson-Moss Warranty … Continue reading this entry

Heinen v. Northrop Grumman Corp.: A Lesson in Winning the Easy Ones

In a decision that the Seventh Circuit issued on February 7, Chief Judge Easterbrook uses the occasion of a frivolous appeal from a district court’s judgment enforcing an arbitration clause to make a jurisdictional point and a procedural point. The failure of the winning lawyers to understand the first point nearly cost their client its lower … Continue reading this entry

Is the Need for Expert Testimony a Question of Substantive or Procedural Law?

Show v. Ford Motor Co., slip op., Nos. 10-2428 & 10-2637 (Sep. 19, 2011), issued recently by the Seventh Circuit, provided Chief Judge Easterbrook with the opportunity to explore the question whether the need for expert testimony is one of substantive or procedural law, so that in a diversity case the court should follow state or federal law.… Continue reading this entry