United States Seventh Circuit
DeBartolo v. HealthSouth Corp., 07-1272
In a federal action claiming breach of the Anti-Kickback Act, district court order dismissing the case for failure to state a claim is vacated where the litigation is simply a state-law contract dispute between nondiverse parties and on remand should be dismissed for lack of subject matter jurisdiction.
Appellate Information
- Argued 01/10/2008
- Decided 06/26/2009
- Published 06/26/2009
Judges
- ROVNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Michael B. Brohman (argued), Kamensky Rubinstein, Lincolnwood, IL, for Plaintiffs-Appellants.
- For Appellees:
- Chris C. Gair (argued), Jenner & Block, Chicago, IL, for Defendants-Appellees.