Is Your Federal Appellate Brief Appendix Complete?
A recent decision from the U.S. Court of Appeals for the Seventh Circuit highlights the imperative nature of attaching an appendix that adheres to the federal rules of appellate procedure. While federal appellate courts across the country enforce the appendix requirement, the Seventh Circuit is a stickler. The case, United States v. Harold...
What Are the Grounds for an Appeal in Federal Courts?
In the nuanced and complex landscape of federal litigation, understanding the grounds upon which you can pursue an appeal is critical. Whether it’s a civil or criminal case, finding a legitimate basis for appeal is critical so an appellate court can take a second look at your case. Appellate courts can’t re-try...
The Slew of Schedule A Cases in the Northern District of Illinois
A cursory glance at the daily calendar in the Northern District of Illinois reveals a recurring theme: "Schedule A" cases. Such matters are prevalent in the district court judges' court calls. In fact, the Northern District of Illinois is by far the most popular court for filing Schedule A patent infringement cases. These matters get...
10 Mistakes to Avoid When Appealing a Business Tort Case
Appealing a business tort judgment is not an opportunity to retry the case. Appellate courts review whether legal or procedural errors occurred, based solely on the existing record. Many appeals fail not because the law is unfavorable, but because avoidable mistakes limit what the appellate court can review.
The Short Life Span of a Schedule A Case
Out of the 155 cases filed in the Northern District of Illinois during the three-year time period from January 1, 2020 to December 31, 2022, the claimant prevailed 75 percent of the time on default judgment or consent judgment, and the claim defendant prevailed zero percent of the time. The requested injunctive...
The Slow Trend Towards More In-Person Court Hearings
While some vestiges of Covid-19 remain, things in the judicial world have largely returned to normal. One noticeable laggard has been in-person status hearings. In the Northern District of Illinois federal court, judges are slowly transitioning to more in-person hearings for daily court calls. A review of the profile pages of the Northern...
Christopher Keleher Speaks at First Amendment Symposium at Catholic University Law School
Today I had the honor of speaking at a symposium entitled "Law Surrounding the COVID Era: The Effects of the Pandemic on Policies and Practices." The symposium was held at the Catholic University Law School in Washington D.C. The panel included two distinguished panelists, Marc DeGirolami, St. John Henry Newman Professor of...
Tribute to Seventh Circuit Judge Illana Rovner
Last week, Seventh Circuit Judge Illana Rovner took senior status. She had been an associate judge on the Seventh Circuit since 1992. Prior to that, she was a district court judge on the Northern District of Illinois for almost a decade. A member of what could be described as the Court's "old guard,"...
How to Build a Strong Record for Appeal in Commercial Litigation
In commercial litigation, building a strong record for an appeal is an important but often overlooked step. This process involves strategic planning to ensure that every piece of evidence and argument presented during the trial is accurately recorded. A well-prepared record can be the key to success in the appellate court, where...
Beware of Law Firm Impersonators in Schedule A Cases
As scammers become increasingly cunning, a new twist on an old ploy has caught law firms in their tangled web of deceit. The victims of this particular scheme are not selected at random. Instead, the targets are intellectual property firms who file "Schedule A" cases against online retailers accused of trademark...