United States Seventh Circuit

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Bergquist v. Mann Bracken, LLP, 09-8046

In plaintiff's action seeking to set aside a judgment enforcing an arbitration award against her initiated by a law firm hired by her credit card company to collect the debt, district court's decision to remand the case after defendants removed the case under the Class Action Fairness Act is vacated and remanded where: 1) the Rooker-Feldman doctrine does not apply to plaintiff's claim where she is no longer a state-court loser, as the state judiciary itself vacated its decision enforcing the arbitration award; and 2) the district court must determine whether the jurisdictional requirements of the 2005 Act have been met and, if they have been, for the certification of an appropriate class and decision on the merits.

Appellate Information

  • Submitted 12/22/2009
  • Decided 01/27/2010
  • Published 01/27/2010

Judges

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

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Cathleen M. Combs, Attorney, Edelman, Combs & Latturner, Chicago, IL, for Plaintiff-Respondent., Martin J. O'Hara, Attorney, Much, Shelist, Freed, Denenberg, Ament & Rubenstein, Chicago, IL, for Defendants-Petitioners.