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...
Another Trademark Infringement Victory
This week, I obtained a win for my client in a trademark and copyright infringement lawsuit. My client is an established online retailer sued for trademark/copyright infringement in the Northern District of Illinois, Opulent Treasures, Inc. v. Corporations Identified on Schedule A. The defendant faced substantial statutory damages approaching $1,000,000 if the...
Why Is My Amazon Online Store Frozen?
When your Amazon store is frozen, it can feel like the rug has been pulled out from under your business. Orders are on hold, funds are inaccessible, and the uncertainty can be overwhelming. As frustrating as this situation is, it’s important to know that frozen accounts often have clear causes and solutions....
The Role of Appellate Attorneys in Criminal Appeals: Advocating for Defendants
Criminal appeals are legal processes where a defendant seeks a higher court's review of a lower court's decision, primarily to address errors made during the trial. These appeals are not about re-trying the case, but rather examining whether legal mistakes occurred that affected the trial's outcome. The role of appellate attorneys...