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...
How Do Schedule A Cases Impact Foreign Firms in the US?
- Foreign sellers are especially vulnerable because these cases are frequently filed under seal with immediate account freezes.
- Funds can be frozen before a seller even knows a lawsuit...
5 Defenses Against Schedule A Claims
In recent years, online sellers, especially those using marketplaces like Amazon or eBay, have seen a rise in trademark infringement lawsuits filed under Schedule A. These cases often involve brand owners suing dozens or even hundreds of defendants at once, accusing them of selling counterfeit or infringing goods.
However,...
The 4 Elements of a Breach of Contract Claim
Contracts form the backbone of most business relationships. When one party fails to meet its obligations, the injured party may have grounds for a breach of contract claim. But not every broken promise qualifies as a breach under Illinois law. To win in court, the plaintiff must prove four specific elements that...