SFA Holdings, Inc., fka SAKS Incorporated v. 4 Stratford Square Mall Holdings, LLC

Whether the United States Court of Appeals for the Seventh Circuit—in holding that Petitioner waived its right to assert affirmative defenses under the applicable lease and guaranty and pursuant to Illinois law—contravened this Court’s precedent and fundamental principles of federalism, as well as generated a circuit conflict, by giving no regard to multiple rulings from the Illinois Circuit Court holding that Petitioner did not waive its right to assert affirmative defenses under the exact same lease and guaranty language in parallel state-court actions.

Whether the United States Court of Appeals for the Seventh Circuit disregarded this Court’s firmly established precedent on Article III standing by holding that, upon a motion for summary judgment, a party may establish standing solely through its pleadings with no requirement of evidentiary support.