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,...
Can an EEOC Decision Be Appealed?
The Equal Employment Opportunity Commission (EEOC) is a government agency whose purpose is to enforce federal laws against employment discrimination. The EEOC has the authority to investigate claims of workplace discrimination and make decisions that can substantially impact the rights of employees. Workers naturally want to know whether...
Types of Civil Rights Violations That Can Be Appealed
State and federal appellate courts have jurisdiction over a number of matters that involve individuals’ civil rights. These cases affect some of the most important protections and liberties that Americans enjoy and have fought to secure for generations. They also bring into focus the sometimes contentious relationship between people and the government....
Can New Evidence Be Introduced During a Criminal Appeal?
As a general rule, new evidence cannot be introduced during a criminal appeal. The appellate court must weigh whatever evidence is already in the record on appeal and decide accordingly. However, there are exceptions, and new evidence can influence the outcome of your appeal. Understanding how this happens will help you better...
Utilizing Expert Witnesses in Intellectual Property Appeals
Appealing an intellectual property case is a delicate process that takes time and attention to detail. Presenting the best case on appeal, regardless of whether you are the appellant or appellee, begins at the trial level. It is at this stage that a party needs to focus on making the strongest...
Seventh Circuit Win in RICO Conspiracy Appeal
This week, an appellate opinion was issued by the Seventh Circuit Court of Appeals in United States v. Watkins, et al., Case No. 20-2048. I represented the Appellant Lloyd Dotson in this appeal of a jury trial finding of guilt against Mr. Dotson and a dozen other defendants for RICO violations. One of...