How Federal Appellate Courts Review Denials of Arbitration
The Seventh Circuit recently addressed an inconsistency in Seventh Circuit case law regarding how district court orders denying arbitration are reviewed.
The defendant sought de novo review of the ultimate waiver decision, and clear error review of only the underlying factual findings. Meanwhile, the plaintiff asserted clear error review of the...
Christopher Keleher Wins Appellate Court Reversal
Today, the Illinois Appellate Court issued a published opinion in Safe Zone v. Linn-Mathes, et al. The Keleher Appellate Law Group represented the Plaintiff-Appellant Safe Zone Services in its appeal in the First District Appellate Court. After a two-year, hard fought battle in the appeals court revolving around a contract dispute, the
Challenging Qualified Immunity Denials in Federal Appeals
A qualified immunity denial is not an ordinary pretrial setback. Because qualified...
Why Amazon Sellers Must Understand California Proposition 65
For Amazon stores that sell products in California, awareness of California Proposition 65 is critical. Proposition 65 is a law concerning the disclosure of certain chemicals in products. It raises a series of compliance issues and potentially expensive litigation claims.
Proposition 65 mandates that businesses provide a “clear and...
How Standards of Review Impact Legal Outcomes on Appeal
The standard of review can significantly affect the outcome of an appeal. Appellate courts do not reconsider every issue from the beginning. Instead, they apply different levels of deference depending on whether the appeal challenges a legal ruling, factual finding, jury determination, or discretionary decision made by the trial court.
The Dangers of Relying on AI to Write An Appellate Brief
Abbigail Rajala posted a critical review of her dating experience with Nikko D’Ambrosio on the Chicago Facebook’s Spill the Tea group. According to the district court, D’Ambrosio “sued anyone remotely associated with those posts for all possible, imaginable claims, including the woman who dated him and her parents, women commenting on posts, the...
The Role of Ineffective Assistance of Counsel in Federal Criminal Appeals
If you were convicted of a crime and your attorney made serious errors during your federal trial, you may have grounds to...
Another Schedule A Litigation Win
Last week, I achieved a successful outcome for my clients, a group of Amazon stores sued in the federal district court for the Northern District of Illinois. The case is TingTing Chen v. The Individuals, Corporations, and Limited Liability Companies Identified on Schedule A, case number 25-cv-11949. After six months of federal...
Best Practices for Avoiding Copyright Claims
Avoiding copyright claims starts with a simple mindset: assume most content you find online is protected, and take steps to confirm what you can legally use. Creating your own material, verifying licenses, and keeping clear records of permissions can significantly reduce the risk of takedowns, lost revenue, or legal disputes.
Christopher Keleher Defeats Preliminary Injunction
Yesterday I received a favorable ruling from the Northern District of Illinois in an important Schedule A case. Judge Mary Rowland agreed with our position that the plaintiff had not satisfied its burden for injunctive relief. This was a decisive victory for the defendants, who are Amazon sellers, and will enable them...