Why Court Reporters Are Imperative For An Appeal
What happens when there is no court reporter present to memorialize the trial court proceedings? The short answer is, your appeal is dead on arrival. Appellate courts presume that trial court judgments are correct, and an appellant must demonstrate an error based on the record. Without a transcript, it may be impossible...
Can a Jury Verdict Be Appealed?
A jury verdict can be appealed, but disagreeing with...
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 Straightjacket That Is Forfeiture
A recent decision from the Seventh Circuit Court of Appeals exemplifies the near impossibility of pursuing new arguments on appeal. In Thomas v. Carmichael, Case No. 23-2552, the Seventh Circuit affirmed summary judgment for federal prison officials on the plaintiff’s Eighth Amendment failure-to-protect claim. The Seventh Circuit...
What Recent Seventh Circuit Business Tort Appeals Teach Litigants
Recent decisions from the U.S. Court of Appeals for the Seventh Circuit show that business tort appeals frequently turn on how well trial courts apply legal standards and preserve issues for review. In cases involving tortious interference, contract overlap, and fraud-related theories, appellate panels often affirm or reverse, not on disputed facts...
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...
How to Prove Discriminatory Intent in Employment Discrimination Appeals
In employment discrimination appeals, proving that an employer acted with unlawful intent is often the most challenging hurdle. Federal and Illinois courts don’t reweigh the facts; they review the record for legal or procedural errors. That means any evidence of discriminatory motive must already be in the file. For workers in...
Common Pitfalls in Criminal Appeals and How to Avoid Them
After being convicted of a crime in Illinois, you talk with your trial attorney and begin to suspect that mistakes were made. Perhaps prejudicial comments were allowed into the record, or the judge allowed unreliable evidence to shape the verdict. Regardless, you start to realize that your trial was not conducted...
Are There Any Time Limits for Filing a Criminal Appeal?
Losing a criminal trial can be devastating, but the defendant may have the right to appeal the decision in certain situations. Although being found guilty is not, by itself, enough to sustain an appeal, procedural errors and other violations of the defendant’s due process and constitutional rights could justify appealing. However,...