08-3500 Dexia Credit Local v. Rogan

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Remedies
Preliminary injunctions; objections; waiver

Where a party objected to a temporary restraining order, she did not waive her objections on the same grounds to a later preliminary injunction.

"We decline to find waiver here. Although arguments not raised before the district court may not be raised for the first time on appeal, Bus. Sys. Eng'g, Inc. v. Int'l Bus. Machs. Corp., 547 F.3d 882, 889 n.3 (7th Cir. 2008), this rule is not meant to be overly formalistic; rather, the requirement that parties appeal only issues that have first been presented to the district court maintains the efficiency, fairness, and integrity of the judicial system for all parties. See Republic Tobacco Co. v. N. Atl. Trading Co., Inc., 381 F.3d 717, 728 (7th Cir. 2004); Boyers v. Texaco Ref. & Mktg., Inc., 848 F.2d 809, 812 (7th Cir. 1988). It is true that Judith did not reassert her objections to the preliminary injunction, but she objected on the same grounds to the TRO which contained identical terms and was issued by the court for identical reasons, and the district court explained that it would address Judith's concerns regarding the TRO when it considered the preliminary injunction. To require her to re-raise her objections would be an overly formalistic application of waiver."

Affirmed.

08-3500 Dexia Credit Local v. Rogan

Appeal from the United States District Court for the Northern District of Illinois, Kennelly, J., Rovner, J.

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