Develop Your Appellate Arguments
A recent opinion from the U.S. Court of Appeals for the Seventh Circuit illustrates the perils of the "argument by incorporation" strategy. In United States v. Scott, Case No. 24-1903, the Defendant was convicted following a bench trial of unlawful possession of a firearm by a felon, along with possession with intent to...
Can You Get IP Complaints on eBay?
If you sell on eBay, chances are you’ve heard of sellers getting flagged for intellectual property (IP) violations. For many, receiving a notice that a listing has been removed can feel confusing or even intimidating. The short answer is yes — you can get IP complaints on eBay. These complaints are managed...
Navigating the Schedule A Process in Georgia
For many online sellers, a sudden court notice can be overwhelming. If you sell products on platforms like Amazon, eBay, or Etsy, you may one day learn that a company has filed a Schedule A lawsuit against you in Georgia federal court. These cases often move quickly and can lead to frozen...
Federal Appellate Court Trends and Stats
This week, I attended the Seventh Circuit Bench and Bar Conference. Among the many subjects broached was the number of appeals heard by the federal circuit courts. One interesting trend was the number of pro se appeals. Nationally, approximately 49% of federal appeals involve pro se litigants. In the Seventh Circuit, that...
Christopher Keleher Speaks at Institute for Justice “Short Circuit Live” Podcast
Yesterday, I had the honor of speaking at Institute for Justice "Short Circuit Live" Podcast. I was on a distinguished panel which included University of Chicago Law Professor Sarah Konsky. We discussed recent Seventh Circuit Court of Appeals cases, including a case I argued in the Seventh Circuit, Whitaker v. Dempsey. It was...
How Courts Handle Business Tort Cases in Appeals
You fought through trial. You lost. Now you’re staring down an expensive verdict or a damaging judgment that threatens your business’s future. So what’s next?
In Illinois, you may have the option to file an appeal. Appellate courts don’t rehash every detail of a trial. They look at whether...
Western District of Pennsylvania Becomes Inhospitable Terrain For Schedule A Litigation
Over the last year, there has been a slow, but steady migration of Schedule A cases. Plaintiffs have sought greener pastures as the Northern District of Illinois becomes increasingly chilly to Schedule A plaintiffs. One such destination is the Western District of Pennsylvania. Not so fast. Last week, Judge Nicholas Ranjan of...
How Schedule A Lawsuits Are Affecting Online Sellers in Florida
In recent years, a growing number of online sellers in Florida have found themselves entangled in Schedule A lawsuits—a legal tactic used primarily by large brand owners to combat alleged intellectual property (IP) infringement on e-commerce platforms like Amazon, eBay, and Etsy. What begins as a routine sale can quickly spiral into...
Seventh Circuit Cases Continue To Contract
The Annual Report of the United States Court of Appeals for the Seventh Circuit was recently issued. In 2024, 2,434 new appeals were filed. This is a 6% decrease from 2023, which had 2,588 cases filed. Further, the 2,434 figure is the second lowest number since 2006. Only the pandemic-hobbled 2022 with 2,363,...
Default Judgment Vacated
Yesterday, I successfully vacated a potential six-figure judgment on behalf of an Amazon seller. My client, a foreign-based business, was unaware of an infringement lawsuit against him that had been served via email. Unfortunately, the email went into his spam folder, and he never saw it. A few months later, the Plaintiff...