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Tuesday, December 15, 2009
Courts - "Kirkland Partner Slapped With Dismissal and Judge's Rebuke for Filing Misstep"
Understanding this "jurisdictional misstep" is above my pay grade, but it did happen in our circuit ... Some quotes from the story today by Lynne Marek of The National Law Journal:
In the dismissal, U.S. District Judge Milton Shadur of the Northern District of Illinois chided [Kirkland & Ellis partner Barry Irwin] for a jurisdictional misstep that he said the lawyer should have known about, given a decade's worth of related appellate rulings and the resources of a big firm like Kirkland."There is really no excuse for counsel's lack of knowledge of such a firmly established principle after more than a full decade's repetition by our Court of Appeals and others," Shadur said in the three-page ruling on Dec. 9. "Hence, it seems entirely appropriate to impose a reasonable cost for such a failing." * * *
Irwin acknowledged he wasn't aware of the jurisdictional precedent that required him to know all of the limited liability partners involved and the domiciles to which they "intend return." That means he had to confirm that Williams was the only partner and zero in on the correct residence, which he believed to be in the Northern District of Illinois, Irwin said. For now, he and his client are weighing whether and where to refile the lawsuit.
Posted by Marcia Oddi on December 15, 2009 10:50 AM
Posted to Courts in general