September 20, 2011

It pays to know your local rules. The Seventh Circuit has promulgated Circuit Rule 36, which states that if the Seventh Circuit remands a case for a new trial, then the case shall be assigned to a different judge on remand. Lindquist Ford, Inc. v. Middleton Motors, Inc., ___ F.3d ___ (7th Cir. 2011), Case No. 09-3883, was a successive appeal and in the first appeal, the Court reversed the judgment entered after a first bench trial and ordered a second bench trial to take place. Counsel for neither party was aware of Circuit Rule 36 and the matter was tried for a second time to the same district court judge. The same party won in the second bench trial as won in the first bench trial.

The Seventh Circuit sua sponte brought this issue to the parties' attention during oral argument, but elected to do nothing about it, other than writing a couple of paragraphs explaining the reason behind the Rule. Ultimately, the result of the second bench trial was also reversed and judgment was granted to the appellant (although in the amount of only $1,164.74). This was likely a result that disappoints both parties. It may have been avoided, if they had simply read the Circuit Rules.