Jenner & Block

“Seventh Circuit Rejects District Court Stay Pending Certiorari Petition,” Law.com

In his column, Jenner & Block Partner Michael T. Brody highlights the case of A.F. Moore & Associates v. Pappas. The case arises from a long-pending equal protection challenge to an aspect of Cook County’s system of property tax assessments. The district court determined that it lacked jurisdiction under the Tax Injunction Act and dismissed the case. In September, the Seventh Circuit held it was improper for a district court to stay proceedings pending the filing of a petition for a writ of certiorari. “At least in a case in which a request to stay the mandate had been made to the court of appeals and denied, the district court’s stay violated the mandate rule. As a result, the Seventh Circuit granted the extraordinary remedy of a writ of mandamus,” Mr. Brody observes.