Tag Archives: Appellate Practice

Cherry-Picking: 7th Cir. Criticizes Lawyers' Summary-Judgment Practice

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Two weeks ago, in an order given wide publicity nationally, federal District Judge Mark Bennett of the Northern District of Iowa issued sanctions in Security National Bank v. Abbott Laboratories, addressing what Judge Bennett perceived as abusive discovery conduct in a case over which he had presided. There were clearly lessons to learn from that … Continue reading this entry

Update Your ECF Email Address: Or Risk Losing Your Client's Appeal Rights

The United States Court of Appeals for the Second Circuit, in Communications Network Int’l, Ltd. v. MCI WorldCom Communications, Inc., a 2-1 decision issued on January 24, dismissed an appeal as untimely because the putative appellant’s lawyer failed to update his email address in the district court’s ECF system when he changed firms. There’s an important … Continue reading this entry

Del Marcelle: The Standard for Assessing Class-of-One Equal-Protection Claims Remains Unresolved in the Seventh Circuit

With the Supreme Court’s denial of certiorari on November 26, 2012, in Del Marcelle v. Brown County Corp., No. 12-367, the Seventh Circuit’s inability to resolve the standard by which class-of-one equal-protection claims should be assessed will likely persist for some time. The Seventh Circuit had heard the case en banc to resolve the conflicted … Continue reading this entry

Don’t Ignore Bad Precedent — Not Only Will You Lose Your Appeal, But the Seventh Circuit Might Mock You by Name

It will be impossible ever to think of Gonzalez-Servin v. Ford Motor Co., No. 11-1665 (7th Cir., Nov. 23, 2011), as anything but “the ostrich case,” chiefly because the court includes in its opinion full color pictures of an ostrich with its head in the sand and a lawyer imitating the bird.… Continue reading this entry