Legal Opinion
Apex Digital, Inc. v. Sears, Roebuck & Co.
Court of Appeals for the Seventh Circuit
Decided July 16, 2009No. 07-1019PublishedCited by 603 opinions
1Opinion of the Court
KANNE, Circuit Judge.
Apex Digital sued Sears to collect an unpaid debt. Sears filed a motion to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), claiming that Apex lacked standing because it had assigned all of its rights in the debt to the CIT Group/Commercial Services, Inc. The district court agreed with Sears and granted its motion. We now affirm.
I. Background
On July 24, 2006, Apex Digital brought a diversity suit against Sears in the Northern District of Illinois for breach of contract and other related claims. The complaint alleged that over…
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