Affholder, Inc. v. Preston Carroll Co.

ENGEL, Chief Judge.

This appeal requires us to consider whether, under Article III, Section 2 of the United States Constitution, a cooperative litigation agreement executed by the plaintiff and defendant has eliminated any “case or controversy” between the parties, thus depriving the district court of jurisdiction over this litigation. The district court held that the litigation agreement eliminated a “case or controversy.” However, we hold that Article Ill’s “case or controversy” requirement has been met, and therefore we reverse and remand.

I

In 1974 the Louisville and Jefferson County…