Cluster 688746
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· 83 citation events
across 20 courts.
Showing the 29 strongest citers on record
(one row per citing case, strongest signal kept).
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Michael S. Bahrke v. Door County Board of Adjustment (2024)
Id.; see also Perkins, 47 F.3d at 216 (“Without [findings that a remedy is necessary to rectify a violation of federal law], parties can only agree to that which they have the power to do outside of litigation.”). ¶25 We find Neighborhood Advocates’ reasoning persuasive.
“Without [findings that a remedy is necessary to rectify a violation of federal law], parties can only agree to that which they have the power to do outside of litigation.”
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PG Publishing Co v. Carol Aichele (2013)
See, e.g., Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir. 1995) (“While parties can settle their litigation with consent decrees, they cannot agree to „disregard valid state laws . . . .”); St.
“While parties can settle their litigation with consent decrees, they cannot agree to „disregard valid state laws . . . .”
Cf. Perkins, 47 F.3d at 216 (“Once a court has found a federal constitutional or statutory violation, however, a state law cannot prevent a necessary remedy.”).
“Once a court has found a federal constitutional or statutory violation, however, a state law cannot prevent a necessary remedy.”
See Keith v. Volpe, 118 F.3d 1386, 1393 (9th Cir. 1997) (holding that state officials “could not agree to terms which would exceed their authority and supplant state law”); Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir. 1995) (“ ‘Some rules of law are designed to limit the authority of public officeholders . . . .
“ ‘Some rules of law are designed to limit the authority of public officeholders . . . . They may chafe at these restraints and seek to evade them,’ but they may not do so by agreeing to do something state law forbids.”
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Austin v. Alabama Check Cashers Ass'n (2005)
See Keith v. Volpe, 118 F.3d 1386 (9th Cir.1997) (consent decree could not be interpreted to supplant California law because the state agency would not have had the authority to agree to such a decree); Perkins v. City of Chicago Heights, 47 F.3d 212 , 216 (7th Cir. 1995)("While parties can settle their litigation with consent decrees, they cannot agree `to disregard valid state laws,' . . . and cannot consent to do something together that they lack the power to do individua…
"While parties can settle their litigation with consent decrees, they cannot agree `to disregard valid state laws,' . . . and cannot consent to do something together that they lack the power to do individually."
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Africano v. Atrium Medical Corporation (2021)
A consent decree is “a judicial act,” Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir. 1995), and court rulings “are not statements of a party,” Bowers v. City of Philadelphia, No. CIV.A. 06-3229, 2008 WL 5234318 , at *6 (E.D.
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Shakman v. Cook Co Democratic (2021)
Sheriff's Dep’t, 924 F.3d 375, 380 (7th Cir. 2019); Perkins v. City of Chicago Heights, 47 F.3d 212, 215 (7th Cir. 1995).
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Church v. State of Missouri (2019)
Charles Tower, Inc. v. Kurtz, 643 F.3d 264, 268 (8th Cir. 2011) (“While parties can settle their litigation with consent decrees, they cannot agree to ‘disregard valid state laws.’” (quoting Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir. 1995))).
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State Of Illinois v. City Of Chicago (2018)
No. 205, 961 F.2d 1335, 1337 (7th Cir. 1992) (parties to consent decree “may not alter collective bargaining agreements without the union’s assent” or “agree to disregard valid state laws”); Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir. 1995) (same); United States v. Board of Educ. of City of Chicago, 11 F.3d 668 , 672–73 (7th Cir. 1993) (“A consent decree entered by a federal court, like any other injunction, can have adverse consequences on third parties w…
same
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PG Publishing Co. v. Aichele (2012)
Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir.1995).
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Large v. Fremont County, Wyo. (2012)
See also Harper v. City of Chicago Heights, 223 F.3d 593, 601 (7th Cir.2000) ("The district court's plan suffers from the same procedural flaw as did the consent decree when it was first presented to this court: the court's plan modifies the election methods set forth in the Illinois Municipal Code without either going through the statutorily required procedures for making such changes to electoral methods or making a judicial finding that it was necessary to make these chan…
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St. Charles Tower, Inc. v. Kurtz (2011)
“While parties can settle their litigation with consent decrees, they cannot agree to ‘disregard valid state laws.’ ” Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir.1995) (quoting People Who Care v. Rockford Bd. of Educ.
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Phelps-Roper v. Heineman (2010)
Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir.1995); see also Dunn v. Carey, 808 F.2d 555, 560 (7th Cir.1986) (“Some rules of law are designed to limit the authority of public officeholders.”).
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Emerson Electric Co. v. Aetna Casualty & Surety Co. (2001)
See Continental Training Services, Inc. v. Cavazos , 893 F.2d 877 , 881 n.5 (7 th Cir. 1990); Perkins v. City of Chicago Heights , 47 F.3d 212, 218 (7 th Cir. 1995).
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Emerson Electric Co. v. Aetna Casualty & Surety Co. (2001)
See Continental Training Services, Inc. v. Cavazos, 893 F.2d 877 , 881 n.5 (7th Cir. 1990); Perkins v. City of Chicago Heights, 47 F.3d 212, 218 (7th Cir. 1995).
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Ron Harper, Kevin Perkins, William Elliot, and Robert McCoy v. City of Chicago Heights and the Chicago Height… (2000)
This court found merit in their challenge and held that the district court should not have approved a consent decree that overrides state law without making "properly supported findings that such a remedy is necessary to rectify a violation of federal law." Id. at 216 (emphasis removed).
emphasis removed
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Harper, Ron v. City Chicago Heights (2000)
This court found merit, in their challenge and held that the district court should not have approved a consent decree that overrides state law without making “properly supported findings that such a remedy is necessary to rectify a violation of federal law.” Id. at 216 (emphasis removed).
emphasis removed
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McCoy v. Chicago Heights (1998)
Without such findings, however, parties can only agree to that which they have the power to do outside of litigation.” Id. at 216.
Cf. Keith v. Volpe, 118 F.3d 1386, 1393 (9th Cir.1997) (parties to consent decree “could not agree to terms which would exceed their authority and supplant state law”); Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir.1995) (same).
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In the Matter of the Application of County Collector of the County of Winnebago, Illinois, Appeal of Michael … (1996)
Because the parties to a consent decree "cannot consent to do something together that they lack the power to do individually," Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir.1995), the consent decree does not even potentially inject a federal law issue into this case. 7 14 Federal question jurisdiction also exists over a state law claim if the claim is "really" one of federal law.
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In re County Collector of the County of Winnebago (1996)
Because the parties to a consent decree “cannot consent to do something together that they lack the power to do individually,” Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir.1995), the consent decree does not even potentially inject a federal law issue into this case. 7 Federal question jurisdiction also exists over a state law claim if the claim is “really” one of federal law.
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Common Cause Ind. v. Marion Cnty. Election Bd. (2018)
See Perkins v. City of Chicago Heights , 47 F.3d 212 , 217 (7th Cir. 1995).
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PG Publishing Co v. Carol Aichele (2013)
See, e.g., Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir.1995) (“While parties can settle their litigation with consent decrees, they cannot agree to ‘disregard valid state laws’.... ”); St.
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United States v. Bleznak (1998)
See also Perkins v. City of Chicago Heights, 47 F.3d 212, 216-17 (7th Cir.1995) (vacating consent decree that disregarded state law); Olympic Refining Co. v. Carter, 332 F.2d 260, 265 (9th Cir.1964) (holding parties cannot limit third-party access to existing evidence through consent decree).
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United States v. Bleznak (1998)
See also Perkins v. City of Chicago Heights, 47 F.3d 212, 216-17 (7th Cir.1995) (vacating consent decree that disregarded state law); Olympic Refining Co. v. Carter, 332 F.2d 260, 265 (9th Cir.1964) (holding parties cannot limit third-party access to existing evidence through consent decree). 12 We note two other matters.
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97 Cal. Daily Op. Serv. 5431, 97 Daily Journal D.A.R. 8805 Ralph W. Keith Esther May Keith Harold E. Grady Ed… (1997)
See Washington v. Penwell, 700 F.2d 570, 573 (9th Cir.1983) (holding that "the contract underlying the consent decree was void to the extent that it exceeded defendants' authority"); see also Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir.1995) (holding that parties to a consent decree "cannot consent to do something together that they lack the power to do individually"); Kasper v. Board of Election Comm'rs, 814 F.2d 332 , 341 (7th Cir.1987) ("A consent decree…
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Keith v. Volpe (1997)
See Washington v. Penwell, 700 F.2d 570, 573 (9th Cir.1983) (holding that “the contract underlying the consent decree was void to the extent that it exceeded defendants’ authority”); see also Perkins v. City of Chicago Heights, 47 F.3d 212 , 216 (7th Cir.1995) (holding that parties to a consent decree “cannot consent to do something together that they lack the power to do individually”); Kasper v. Board of Election Comm’rs, 814 F.2d 332 , 341 (7th Cir. 1987) (“A consent decr…
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Lawyer v. Department of Justice (1997)
See also, e. g., Perkins v. Chicago Heights, 47 F. 3d 212 , 216 (CA7 1995).
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United States v. Alex. Brown & Sons, Inc. (1997)
See, e.g., Perkins v. City of Chicago Heights, 47 F.3d 212, 216 (7th Cir.1995) (“While parties can settle their litigation with consent decrees, they cannot agree to ‘disregard valid state laws,’ and cannot consent to do something together that they lack the power to do individually.”) (citations omitted); People Who Care v. Rockford Board of Education, 961 F.2d 1335, 1337 (7th Cir.1992) (“When the parties to a decree seek to enlarge their legal entitlements — to grant thems…