Wednesday, August 24, 2011

Seventh Circuit -- Sierra Club v. Khanjee Holding (US)

Sierra Club v. Khanjee Holding (US)

FRCP issues - power plant permitting/construction.

Absent a change in the legal landscape, law of the case determinations on subject matter jurisdiction bind.

Excessive fines challenge waived, as not made below in reply brief to motion for fines -- since litigant argues that any fine would be excessive.

Deft had sufficient control over project, no need to be actual owner/operator to be sued by relator.

Fine reasonable given deft's knowledge.

Fees should be awarded to relator regardless of how well funded it is.

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.