Standing to Sue – Subject-matter Jurisdiction

By: Derek Hawkins//May 29, 2018//

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7^th Circuit Court of Appeals

Case Name: Kathryn G. Collier, et al. v. SP Plus Corporation

Case No.: 17-2431

Officials: MANION, HAMILTON, and BARRETT, Circuit Judges.

Focus: Standing to Sue – Subject-matter Jurisdiction

This case presents an unusual circumstance: both parties insist that the plaintiffs lack Article III standing to sue. They draw opposing conclusions from this premise, however. The plaintiffs say that without standing their case could not be removed from state court using 28 U.S.C. § 1441; the defendant justifies removal but says the case then required dismissal for lack of standing. The district court agreed with the defendant and dismissed the case. But the case was not removable, because the plaintiffs lack Article III standing—negating federal subject-matter jurisdiction. Accordingly, we vacate the judgment and remand for the district court to return the case to state court.

Vacated and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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