Putting together all the Seventh Circuit’s decisions from the last few decades on subject-matter jurisdiction would yield an impressive textbook on the subject. The court (and Judge Easterbook, in particular) has adhered assiduously to its role as a federal court with limited jurisdiction. Its latest two decisions on this subject (authored by none other than … Continue reading this entry
Tags: Diversity Jurisdiction, easterbrook
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
Tags: Diversity Jurisdiction, jurisdiction, Lemon Law, Magnuson-Moss Warranty Act
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 court … Continue reading this entry
Tags: Diversity Jurisdiction, Federal Rules of Appellate Procedure
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
Tags: Diversity Jurisdiction, Erie doctrine, Experts, Federal Rules of Evidence, Seventh Circuit