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(Reuters) - A federal appeals court has directed trial judges to issue orders and reasoned opinions at the same time whenever possible, and not weeks or months apart, saying parties face "catastrophe" over such delays.
The 7th U.S. Circuit Court of Appeals in an unanimous three-judge panel ruling, which also renewed its criticism against one federal judge in Chicago over the lag time between orders and opinions, on Friday upheld the dismissal of a complaint brought by the Association of American Physicians and Surgeons Inc against the American Board of Medical Specialties. The lawsuit alleged the board, which certifies physicians who meet certain requirements, had restrained trade in the medical care market.
The medical board, represented by Schiff Hardin, asked the trial court in 2014 to dismiss the association's lawsuit. U.S. District Judge Andrea Wood in the Northern District of Illinois issued an order in September 2017 dismissing the complaint. Wood later issued an opinion in December 2017 explaining her decision.
The 75 days between Wood's order on the board's motion to dismiss and the opinion did not go unnoticed by the 7th Circuit panel, which pointed to a 2018 opinion that criticized how long Wood had taken to issue an explanatory opinion in a different case.
"We have condemned this practice in the past and do so again today," Judge Michael Scudder, sitting with Judges Michael Brennan and Amy St. Eve, wrote. "This approach may have the benefit of ticking a case off a list of outstanding motions, but it risks catastrophe for litigants."
Wood did not immediately respond to messages on Monday seeking comment. Wood, formerly a senior trial counsel at the U.S. Securities and Exchange Commission, was nominated by then-President Barack Obama in 2013 to serve on the Chicago federal court.
Schiff Hardin counsel Jack Bierig, who represented the American Board of Medical Specialties, said his client was pleased with the opinion, which called the Association of American Physicians and Surgeons' appeal "frivolous."
New Jersey-based solo practitioner Andrew Schlafly, who argued for the association in the 7th Circuit, said he was weighing further appeal options.
Court delays can mean "catastrophe for litigants," Scudder wrote. But Wood's opinion came in under the 180 days at which a party's appeal might be barred, Scudder said, "so no such disaster ensued."
Wood attributed the delay in the case to the complexity of the dispute and to extra time the parties were given to file supplemental briefs, according to federal judiciary reports that track motions pending for more than six months.
In 2018, a 7th Circuit panel said in a ruling that "except when there is a need for speedy announcement of the outcome, the opinion should accompany the decision." Wood, in that case, published an opinion 16 months after issuing a summary judgment order in a dispute over a police search.
The appeals court ruling in the medical board case came less than a month after argument. The 7th Circuit on average in 2019 took about four months to issue an opinion after hearing oral argument, according to an analysis last year from a Jenner & Block appellate partner.
The case is Association of American Physicians and Surgeons Inc v. American Board of Medical Specialties, 7th U.S. Circuit Court of Appeals, No. 20-3072.
For the plaintiff: Andrew Schlafly
For the defendant: Jack Bierig of Schiff Hardin
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