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Subject-matter Jurisdiction

By: Derek Hawkins//August 10, 2020//

Subject-matter Jurisdiction

By: Derek Hawkins//August 10, 2020//

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7th Circuit Court of Appeals

Case Name: Seaway Bank & Trust Company v. J&A Series I, LLC, Series C, et al.,

Case No.: 19-2268; 19-2425

Officials: ROVNER, BRENNAN, and ST. EVE, Circuit Judges.

Focus: Subject-matter Jurisdiction

J&A Series I, LLC, Series C (“J&A Series”), J&A Investment Group, LLC (“J&A Investment”), and Adam Ackerman (collectively “J&A Parties”) appeal from the district court’s dismissal of the petition they filed under 735 ILCS 5/2-1401. On appeal, the J&A Parties challenge the district court’s conclusion that it lacked jurisdiction over the section 2-1401 Petition. We review de novo the district court’s order dismissing the J&A Parties’ Petition for lack of subject matter jurisdiction. Miller v. F.D.I.C., 738 F.3d 836, 840 (7th Cir. 2013). We may affirm a dismissal for lack of subject matter jurisdiction on any ground supported by the record. Kowalski v. Boliker, 893 F.3d 987, 994 (7th Cir. 2018). FIRREA, which was enacted in response to the savings and loan crisis of the 1980s, facilitates the expeditious and efficient resolution of claims against failed banks. Miller, 738 F.3d at 840. We affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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