Tag Archives: Appellate Practice

A Reminder from the Seventh Circuit on the Importance of Creating a Record

When the court makes an evidentiary ruling off the record, it is required to enter on the record an explanation of the reasoning behind its decision. See, e.g., United States v. Nolan, 910 F.2d 1553, 1559 (7th Cir. 1990); 28 U.S.C. § 753(b). But what is a party’s recourse on appeal if the court failed to … Continue reading this entry

7th Cir. Explains What Same-Sex Marriage and Voter ID Have in Common

What do cases involving challenges to same-sex-marriage and voter ID laws have in common? The answer, according to a per curiam opinion issued today by a panel of judges from the U.S. Court of Appeals for the Seventh Circuit in Frank v. Walker, Nos. 14-2058 & 14-2059 (7th Cir. Sept. 30, 2014), is that both involve “laws enacted … Continue reading this entry

Wisconsin's Voter-ID Case Provides a Lesson in Interim Relief

In recent weeks, several high-profile cases involving Wisconsin public policy have come before the Seventh Circuit. In many instances, these cases have provided not only insights on the federal judicial system for the general public, but also reminders for appellate practitioners of the nature of judicial powers. Last Friday offered another example. The Seventh Circuit in … Continue reading this entry

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

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