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Courts may review arbitration issues at the beginning or the end, but not in the middle

August 5, 2014 by in General

Employers that withdraw from underfunded multiemployer pension plans must pay their share of the shortfall. They can invoke a process that 29 U.S.C. §1401(a) calls arbitration to dispute the plan’s assessments, “though unlike normal arbitration it is neither contractual nor consensual.” The Central States Pension Fund concluded that US Foods […]

Appellate courts rarely look favorably on a party’s arguments on appeal that contradict its assertions in the trial court

August 4, 2014 by in General

Appellee Outland Renewable Energy, LLC (“Outland”) asserted numerous counterclaims, taking the position that the federal district court had federal question and supplemental jurisdiction to entertain those claims. The district court dismissed the counterclaims on the merits and denied Outland’s motion for leave to amend. On appeal, Outland asserted that the district court erred and […]

Judge Posner rules that the united states supreme court is superior to district courts – lest there be any confusion

July 8, 2014 by in General

This appeal arises out of very complex litigation, the description of which Judge Posner decided to “simply ruthlessly” in his opinion. The background will be simplified even more ruthlessly here to include only the aspects directly relevant to appellate procedure. The overall case included a bankruptcy action in New York […]

Sections 2-1301 and 2-1401 have different time frames, different standards, and different appellate jurisdiction implications

May 2, 2014 by in General

This mortgage foreclosure action was dismissed for want of prosecution when the plaintiff failed to appear at a status hearing. On the same day, the defendant filed for bankruptcy. She received a bankruptcy discharge about 3 months later. After the bankruptcy stay was lifted, the plaintiff filed a motion to vacate […]

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