Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.
Too many briefs fail to comply with federal and circuit rules concerning jurisdictional statements, the U.S. Court of Appeals for the Seventh Circuit said July 10 ( Baez-Sanchez v. Sessions , 2017 BL 237573, 7th Cir., No. 17-1438, 7/10/17 ).
U.S. Attorney General Jeff Sessions’s brief in an immigration dispute is an example of this problem, Chief Judge Diane P. Wood said in an in-chambers opinion.
It was Sessions’s responsibility to review the jurisdictional statement submitted by the petitioner, Jorge Baez-Sanchez, to see if it was “ both complete and correct” under Federal Rule of Appellate Procedure 28 and Seventh Circuit Rule 28, Wood said.
But Sessions’s brief said only that the jurisdictional statement was correct, Wood said.
Sessions said “nothing about completeness, and so the brief must be returned to the Department of Justice,” Wood said.
Other common mistakes include failing to specify the constitutional provision or statute at issue “in federal question cases where jurisdiction depends on 28 U.S.C. §1331,” and failing to distinguish citizenship from residency in diversity cases, Wood said.
“There is no reason why, month after month, year after year, the court should encounter jurisdictional statements with such obvious flaws,” which impose “needless costs on everyone involved,” Wood said.
Charles Roth of Chicago represents Baez-Sanchez, the petitioner in the immigration dispute.
The Department of Justice represents the federal government.
To contact the reporter on this story: Patrick L. Gregory in Washington at email@example.com
To contact the editor responsible for this story: Jessie Kokrda Kamens at firstname.lastname@example.org
Full text at http://src.bna.com/qGY.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)