The Rashidi Wheeler wrongful-death lawsuit is set to be heard in New Jersey, despite a Cook County Circuit Court ruling last week that the case should return to Illinois, a federal judge held.

U.S. District Judge Garrett Brown of New Jersey told attorneys in a conference call Monday that his previous ruling to move the case to New Jersey took precedent over county court judge Kathy Flanagan’s decision to return the case to Cook County, said Alan Cubbage, vice president for university relations.

“Her ruling was mute because the federal judge already made the call,” Cubbage said.

The federal court judge gave both sides 10 days to file a motion related to the upholding of his previous decision. Wheeler’s mother, Linda Will, said her lawyers most likely will enter an appeal.

“It’s very frustrating because it places me at a disadvantage financially,” Will said. “I would basically have to start over (the case) and attain different attorneys who live in New Jersey.”

NU’s lead counsel, Walter Jones, Jr., told The Daily last week that he believed Flanagan had over-stepped her bounds in bringing the case back to Cook County. Brown essentially agreed with Jones’ view, as the judge reaffirmed his ruling from last month that transferred nearly 60 ephedra-related cases to New Jersey — including the Wheeler wrongful-death suit. The transfer came after a New Jersey-based ephedra manufacturer named in the suit filed for bankruptcy in October.

Cubbage said the decision to hear the case in New Jersey would facilitate a fair and full trial, as all the parties would be in the same place.

“It is important to our case, and the (federal) judge agreed, that not just Northwestern but also the supplement companies should be involved,” Cubbage said.

Will, however, said her lawyers may be able to convince the federal judge to let the case be heard in Cook County in their potential appeal of the judge’s informal decision. Will said her lawsuit differs from the other cases dragged into the bankruptcy hearing in that the ephedra makers are third-party defendants to the suit.

“(The move) makes absolutely no sense,” Will said. “My son lost his life in Cook County; all the laws relating to it have been per Cook County and the institution (NU) is in Cook County.

“I think taking the case away from being heard by Rashidi’s peers in Cook County is a disservice to the community.”

Will contends her son died because NU’s football staff acted negligently after Wheeler collapsed on Aug. 3, 2001, during a conditioning drill. She said the lack of sufficient treatment for her son, an asthmatic, was inhumane.

“When a tragedy of this nature occurs,” Will said, “to have it moved (out of Illinois) because Northwestern points a finger elsewhere is very unfair.”