You’ve Been (electronically) Served
Service of process is a fundamental procedural protection for defendants. Failing to secure service deprives a court of personal jurisdiction over a defendant. But Schedule A plaintiffs are not so constrained. Given the difficulty of identifying and linking foreign entities to physical addresses, federal courts have permitted plaintiffs to serve the complaint...
In Remembrance of a Legend
Today, the honorable William J. Bauer of the United States Court of Appeals for the Seventh Circuit passed away. I had the honor and great pride of calling him, “my judge.” At the beginning of my legal career, I was lucky enough to clerk with Judge Bauer. It was a transformative experience. For...
Western District of Pennsylvania Becomes Inhospitable Terrain For Schedule A Litigation
Over the last year, there has been a slow, but steady migration of Schedule A cases. Plaintiffs have sought greener pastures as the Northern District of Illinois becomes increasingly chilly to Schedule A plaintiffs. One such destination is the Western District of Pennsylvania. Not so fast. Last week, Judge Nicholas Ranjan of...
Seventh Circuit Appellate Court Filings Decrease
The Seventh Circuit has issued its annual report for 2021, and once again, the trend is down. The number of appeals filed in 2021 was 2,493, a decrease of 5% from 2020. This cannot be attributed to the pandemic or economic forces alone. Examining the bigger picture, the number has steadily declined...
En Banc Split Vote
The Seventh Circuit evenly split on an en banc petition this week, five to five in Johnson v. Prentice, No. 18-3535. The tie vote meant the panel decision stood, and thus the Court would not hear the case en banc. The issue generated a concurrence from Judge Michael Scudder and a passionate...
Appealing Summary Judgment
Litigants who prevail at summary judgment must be cautious at the appellate level. While it is tempting for counsel to portray the facts in their client’s best interests, federal appellate precedent is very clear that this is a bad idea. That lesson was reflected by the recent Seventh Circuit decision of Ziccarelli...
The Vanishing Appeal
The United States Supreme Court recently issued its 2021 year-end report on the federal judiciary. While federal filings fell across the board, appellate filings experienced a notable decline. Continuing its downward trend over the last five years, the number of federal appellate filings decreased 8% from 48,190 in 2020 to 44,546 in...
United States v. Davis
Most federal criminal cases are resolved through plea agreement. As a condition to such a plea, defendants often agree to waive their statutory right to appeal their conviction and sentence. While the appellate waiver wording varies by case, such waivers are generally enforceable in the Seventh Circuit Court of Appeals. Enforceability exists...
Respecting The Record: A Cautionary Tale
Today, the Seventh Circuit issued a scorching opinion in the criminal appeal of United States v. Witkemper. The case concerned a small business owner who failed to withhold federal payroll taxes from his employees’ wages. In a bench trial, the district court found him guilty of not paying the taxes. The Seventh...
Defining Lewdness: Illinois Courts Struggle For Consistency
I had the honor of being published in this month's edition of the Illinois Bar Journal. The article is entitled, "Defining Lewdness: Illinois Courts Struggle For Consistency." It examines a contentious issue that has the potential to ensnare many as the use of smart phones continues to proliferate.