Appellate & Post-Trial Litigation Blog

Tuesday, February 7, 2023

Seventh Circuit Win

This week, I won a reversal in the Seventh Circuit Court of Appeals. The case, Bradley v. Village of University Park, concerns the constitutional issue of procedural due process. However, this appeal focused on whether the law of the case doctrine and mandate rule applied. This is the second time the case was appealed to the Seventh Circuit. In a prior Seventh Circuit appeal in 2019, I secured a reversal for my client Mr. Bradley ("Bradley I"). In that first appeal, the Defendants conceded that Mr. Bradley had a property interest in his job for the purposes of “this case,” without making any effort to limit that concession or to reserve their ability to dispute the issue later if they lost the first appeal. The Seventh Circuit Court of Appeals found they "should be held to that concession." The Court then concluded that "based on that concession and our decision in Bradley I, Bradley is entitled to judgment of liability" on his procedural due process claim. The Court, in an opinion by Judge David Hamilton, thus reversed.

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