Hays v. Bryan Cave LLP

446 F.3d 712 (2006)

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Hays v. Bryan Cave LLP

United States Court of Appeals for the Seventh Circuit
446 F.3d 712 (2006)

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Facts

Bryan Cave LLP (defendants), a law firm, represented Hays (plaintiff) in a federal criminal case. Subsequently, Hays filed suit in Illinois state court, alleging common law attorney malpractice. The defendants then sought removal to federal court, asserting that the case arose under federal law because adjudication would “require a substantial evaluation of applicable federal law.” The district court refused to remand the case. The court then dismissed the case, and Hays appealed to the United States Court of Appeals for the Seventh Circuit on the ground that the case should never have been removed to federal court.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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