The Straightjacket That Is Forfeiture
A recent decision from the Seventh Circuit Court of Appeals exemplifies the near impossibility of pursuing new arguments on appeal. In Thomas v. Carmichael, Case No. 23-2552, the Seventh Circuit affirmed summary judgment for federal prison officials on the plaintiff’s Eighth Amendment failure-to-protect claim. The Seventh Circuit...
What Recent Seventh Circuit Business Tort Appeals Teach Litigants
Recent decisions from the U.S. Court of Appeals for the Seventh Circuit show that business tort appeals frequently turn on how well trial courts apply legal standards and preserve issues for review. In cases involving tortious interference, contract overlap, and fraud-related theories, appellate panels often affirm or reverse, not on disputed facts...
The Perils of ChatGPT
Horror stories of unblinking reliance on ChatGPT have become common across the professional industries. Law is no exception. Employing ChatGPT to write or assist with a brief is especially tempting due to the time consuming nature of legal research and writing. Resist it. The latest cautionary tale comes from Kansas, where an...
Writing advice from two Federal Appellate Court Judges
Recently, two judges from the Eleventh Circuit Court of Appeals, Chief Judge Pryor and Judge Newsom offered an important suggestion to federal appellate brief writers: begin the brief with an introduction.
The judges wrote a letter to the Advisory Committee on Appellate Rules pushing for an amendment to Federal Appellate...
Publication in Illinois Bar Journal
I had the honor of being published in the latest volume of the Illinois Bar Journal. The article, "Schedule A: Where Convenience & Civil Procedure Clash," examines the Schedule A area of IP litigation. The Northern District of Illinois has been a hotbed of such cases over the...
How Long Will Your Civil Rights Appeal Actually Take?
A typical Federal Civil Rights Appeal generally takes between 12 and 24 months from the initial filing of the Notice of Appeal to the issuance of the court’s final written decision. This timeline is divided into three phases:
Initiation and Record Assembly (0 to 4...Common Mistakes in Employment Discrimination Appeals
The three most common and fatal mistakes that compromise employment discrimination appeals are:
Procedural Errors: Missing the strict deadline to file the Notice of Appeal (e.g., the 30-day window under Federal Rule of Appellate Procedure 4), or failing to ensure the trial record is complete...You’ve Been (electronically) Served
Service of process is a fundamental procedural protection for defendants. Failing to secure service deprives a court of personal jurisdiction over a defendant. But Schedule A plaintiffs are not so constrained. Given the difficulty of identifying and linking foreign entities to physical addresses, federal courts have permitted plaintiffs to serve the complaint...
In Remembrance of a Legend
Today, the honorable William J. Bauer of the United States Court of Appeals for the Seventh Circuit passed away. I had the honor and great pride of calling him, “my judge.” At the beginning of my legal career, I was lucky enough to clerk with Judge Bauer. It was a transformative experience. For...
What Happens If a Trademark Is Found to Be Invalid in Litigation?
When a trademark is declared invalid in litigation, the results can reach far beyond the courtroom. A finding of invalidity can erase the trademark owner’s exclusive rights, lead to dismissal of infringement claims, and even open the door for counterclaims or fee recovery. Understanding how courts determine validity and what happens if...