United States Seventh Circuit

In plaintiffs' wrongful death suit arising out of an accident when a Boeing 737 aircraft crashed shortly after take-off in Cameroon, killing all 114 people on board, judgment of the district court sua sponte remanding the case on the ground that removal had been defective is vacated as the district court lacked statutory power to enter a remand order, and even if the district court were correct that a defect in removal had occurred, this is merely a procedural defect which was waived.

Appellate Information

• Argued 03/29/2009
• Decided 05/17/2010
• Published 05/17/2010

Judges

• CUDAHY, Circuit Judge., Before CUDAHY and KANNE, Circuit Judges, and DARRAH, District Judge.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Orla M. Brady, Attorney, Kreindler & Kreindler, New York, NY, Todd A. Smith, Attorney, Power, Rogers & Smith, Chicago, IL, for Plaintiffs-Appellees., William T. Cahill, Perkins Coie, Craig A. Knot, Sidley Austin, David J. Adams, Hall, Prangle & Schoonveld, Austin W. Bartlett, Adler, Murphy & McQuillen LLP, Linda J. Schneider, Merlo, Kanofsky & Gregg, Ann P. Goodman, Patrick M. Graber, McCullough, Campbell & Lane LLP, Chicago, IL, for Defendants-Appellants.