By: Erika Strebel, [email protected]//August 7, 2015//
The 7th Circuit U.S. Court of Appeals has apologized for forgetting about a case.
The court made the apology in an order issued Thursday involving a case that had been remanded to the appeals court by the U.S. Supreme Court in 2010. At issue was whether an investment company had charged excessive fees for advising mutual funds.
The court chose not to reopen the case based on the documents the parties had filed and apologized to the parties, writing that after the Rule 54 statements were received, the documents were “placed in the wrong stack and forgotten.”
“The court’s internal system for tracking cases under advisement does not include remands from the Supreme Court, so the normal process of alerts and ticklers failed,” according to the decision. “We will see to it that this is fixed. That may be small comfort to these litigants and their lawyers, but at least some good will come from the delay.”