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Saskatchewan Mutual Insurance Co. v. CE Design, Ltd.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 15-3332 · judgment July 26, 2017


Certiorari denied · February 20, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

To enforce a judgment entered in Canada refusing to enforce judgment entered in a state court in Illinois on behalf of a class against a Canadian insurer was not enforceable because it did not provide proper notice, the insurer sought to register that Canadian judgment in federal court in Illinois to prevent the class’ attempt to enforce its Illinois judgment. Jurisdiction was based on CAFA. Contrary to the intent of the statute and the law, the Seventh Circuit affirmed the dismissal of the registration on grounds that as the case reached federal court the insurer was the plaintiff, the class is the defendant and thus there is no jurisdiction because CAFA only applies to a plaintiff class and not a defendant class. The question presented is whether the registration of a foreign judgment alters the status of the parties to that judgment.

Counsel of record

For petitioner
Robert Dale Kolar
Tressler LLP

For respondent
Jeffrey Alan Berman
Anderson & Wanca

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2018
    Petition DENIED.
  2. Jan 24 2018
    DISTRIBUTED for Conference of 2/16/2018.
  3. Jan 08 2018
    Brief of respondent CE Design, Ltd. in opposition filed.
  4. Dec 06 2017
    Petition for a writ of certiorari filed. (Response due January 8, 2018)