Civil Procedure — standing

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — standing

Where a party was not injured, it lacks standing to appeal a judgment.

“Regardless of how many ways Banco spins the facts of this case, Banco cannot get around the fact that it lacks an injury. Nor can Banco get around the fact that ‘the irreducible constitutional minimum of standing’ required by U.S. Const. Art. III, §2, demands that Banco have an ‘injury in fact’ before filing an appeal. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992); see also Transamerica, 125 F.3d 392, 395 (7th Cir. 1997) (‘[S]tanding to appeal is recognized if the appellant can show an adverse effect of the judgment. Thus even a party who has properly intervened in a case may not appeal a judgment from which he or she suffers no adverse effects.’ (quotation and citation omitted)). Moreover, even if Banco were to somehow convince us that it had an injury, it cannot convince us that its injury would be ‘redressed by [our] favorable decision,’ which is another requirement of standing. Lujan, 504 U.S. at 561. Banco wants our court to throw Golf Venture out of the present case and to reverse the district court’s order that Loop pay Wachovia’s fees and costs. But these actions would help Loop, not Banco. In sum, regardless of how many ways we spin the facts of this case, there is no possible way for Banco to have standing to bring the present appeal.”

Affirmed.

11-3860 Wachovia Securities, LLC, v. Loop Corp.

Appeal from the United States District Court for the Northern District of Illinois, Gottschall, J., Tinder, J.