United States Seventh Circuit

In an ERISA class action, plaintiff-appellant's motion for leave to correct his notice of appeal to clarify that he was appealing in both his individual and representative capacities is denied where, under Fed. R. App. P. 3(c), failure to indicate that a class representative is appealing in his representative capacity stripped the court of jurisdiction to hear the arguments of the class.

Appellate Information

• Argued 05/26/2009
• Decided 11/07/2008
• Published 11/07/2008

Judges

• POSNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and BAUER and POSNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Mark D. Debofsky (argued), Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Jason M. Torres, Seyfarth Shaw LLP, Chicago, IL, John T. Murray (argued), Seyfarth Shaw, Atlanta, GA, for Defendants-Appellees.