10 Tuesday Jan 2017
Posted in 7th Circuit Court of Appeals, Appellate Law, Appellate Writing, Bad Legal Writing, Brief Writing, Legal Writing
≈ Comments Off on How Long Is Too Long For An Appellate Brief?
Posner criticizes ‘verbosity’ in appeals briefs in decision upholding closed voir dire, by Debra Cassens Weiss, Appellate Practice, ABA Journal.com (with hat tip to William P. Statsky)
Judge Richard Posner is a well-known 7th Circuit jurist, legal writing scholar, and prolific author. Knowing this, it is puzzling why the appellate briefs for both sides were over 200 pages each. Yes, Judge Posner had something to say about it. -CCE
02 Monday Nov 2015
Posted in 7th Circuit Court of Appeals, Evidence, Insurance Defense, Litigation, Personal Injury, Product Liability, Torts
≈ Comments Off on Seventh Circuit Rules On The Weight Of Scientific Evidence.
Tags
Brian O'Connor Watson, Causation, Neil Loyd, Personal Injury, Product Liability, Product Liability & Mass Torts Blog, Robert H. Riley, Scientific Evidence, Toxic Torts
Seventh Circuit Ruling On Scientific Evidence Closes Some Doors But Opens Others, by Robert H. Riley, Neil Loyd, and Brian O’Connor Watson, Product Liability & Mass Torts Blog
Exposure to potentially harmful substances at some level is a fact of modern life. These substances are everywhere — in the air we breathe, in the food we eat, and in the water we drink — and many of these substances are naturally occurring. It is impossible to have zero exposure to all of them.
For both science and law, however, the issue is not whether someone has some detectable exposure. Rather, it is whether the dose was sufficient (in quantity and duration) to cause harm.
29 Tuesday Sep 2015
Posted in 7th Circuit Court of Appeals, Appellate Law, Computer Forensics, Computer Virus, Cybersecurity, Identity Theft, Malware
≈ Comments Off on Seventh Circuit Denies Neiman Marcus’ Rehearing of Data Breach Class Action.
Tags
Data Breach, Hackers, Hunton and Williams, Identity Theft, Privacy, Privacy & Information Security Law Blog, Seventh Circuit Court of Appeals
Seventh Circuit Denies En Banc Review For Data Breach Class Action, Privacy & Information Security Law Blog posted by Hunton and Williams
Plaintiffs, Neiman Marcus cardholders, brought a class action against the store for damages caused by a 2013 data breach. Hackers accessed customers’ credit and debit cards, as well as other personal information. The Northern District of Illinois, Eastern Division, ruled that the individual Plaintiffs and the class action against Neiman Marcus lacked standing under Article III of the Constitution.
Plaintiffs appealed to the United States Court of Appeals for the Seventh Circuit. The link takes you to the Seventh Circuit’s opinion explaining how Plaintiffs prevailed and why it reversed and remanded the case. Neiman Marcus filed for rehearing. The Seventh Circuit followed its usual habit, and denied it.
The Seventh Circuit’s analysis of its reasons ruling that Plaintiffs had met the three requirements for Article III standing is well worth the read. An added bonus is the link to the 2014 edition of The Practitioner’s Handbook for Appeals to the United States Court of Appeals for the Seventh Circuit, -CCE
25 Monday May 2015
Posted in 7th Circuit Court of Appeals, Depositions, Discovery, Federal Rules of Discovery, Relevance, Requests for Production, Subpoena Duces Tecum
≈ Comments Off on Judge Uses The “Mommy Voice.”
Tags
Above the Law, Benchslap, David Lat, Depositions, Discovery, Discovery Abuse, Judge Richard Leon
Benchslap Of The Day: Just. Produce. The Documents!, by David Lat, Above The Law Blog
http://abovethelaw.com/2014/02/benchslap-of-the-day-just-produce-the-documents/
What’s the “Mommy Voice?” We have all been there, and may have used it ourselves. It’s when your parent – usually your mother — calls you using your first, middle, and last names in a no-nonsense voice. Usually, whatever happens next, it isn’t pretty. -CCE
Yes, benchslaps are great fun to read about, especially if you enjoy a little schadenfreude. But benchslaps are not fun to receive — and they’re not always justified.
Because of the prestige of judicial office, judges generally get the benefit of the doubt when dishing out benchslaps. But sometimes judges go too far. For example, some observers felt that Judge Richard Posner crossed the line when interrogating a Jones Day partner during a recent Seventh Circuit argument.
This brings us to today’s benchslap — directed at a lawyer for the federal government, no less. It’s harsh, but is it warranted? . . .
04 Friday Jul 2014
Posted in 7th Circuit Court of Appeals, Appellate Law, Illinois Supreme Court
≈ Comments Off on Web Resources for Illinois Appellate Lawyers.
Tags
Appellate Law, Appellate Lawyer Association, Appellate Resources, CLE, Illinois Supreme Court, U.S. Court of Appeals for the Seventh Circuit
[Illinois] Appellate Lawyer Association Web Resources
http://www.applawyers.org/resources.html
This section includes valuable lists of links to:
Illinois references, such as a List of Courts in the State, Local Bar Associations and Law Schools
Law-Related Directories and Portals
A Roster of Research Sites
Providers of CLE Courses
Legal Employment Resources
23 Sunday Mar 2014
Posted in 7th Circuit Court of Appeals, Evidence, Excited Utterances, Hearsay, Present Sense Impression, Rule 803 Exception
≈ Comments Off on Judge Posner’s Theories On Hearsay Exceptions.
Tags
Colin Miller, Evidence ProfBlogger, Exited Utterances, Federal Rules of Evidence, Hearsay, Judge Posner, Present Sense Impression, Rule 803, United States v. Boyce
Judge Posner Advocates Reforming the Hearsay Rules, by Evidence ProfBlogger, Colin Miller, Editor, EvidenceProf Blogger
As Colin explores alternate hearsay theories in his posts, it is worth highlighting a concurrence in U.S. v. Boyce, decided today in the Seventh Circuit, where Judge Richard Posner attacks the merits of both the present sense impression and excited utterance hearsay exceptions (FRE 803(1) and (2)). As Judge Posner notes, the arguments against these exceptions are not new, but his no-holds-barred critique, stating the exceptions are “not even good folk psychology,” is sure to generate interest in revisiting the hearsay thicket.
14 Friday Feb 2014
Posted in 7th Circuit Court of Appeals, 9th Circuit Court of Appeals, Appellate Law, Constitution, Second Amendment, United States Supreme Court
≈ Comments Off on Did 9th Circuit Kill Gun Control In Response to 7th Circuit Case?
Did The 9th Circuit Court Just Kill Gun Control?, by Michael McGough, Los Angeles Times – Opinion
Last year, after the U.S. 7th Circuit Court of Appeals struck down Illinois’ blanket ban on the carrying of “ready to use” guns outside the home, a Los Angeles Times editorial said this:
‘Even if it were affirmed by the Supreme Court, the 7th Circuit’s decision probably wouldn’t threaten most state laws that impose sensible restrictions on the carrying of firearms. (In California, applicants for a ‘carry a concealed weapon’ permit must prove that they are of ‘good moral character,’ have sufficient cause to carry a weapon and have received firearms training.)’
We were wrong — sort of.
25 Monday Nov 2013
Posted in 7th Circuit Court of Appeals, Criminal Law, Legal Writing
≈ Comments Off on Great Blog on Brief Writing!
Follow the rules, by Kirby Griffis, Brief Right (with hat tip to Raymond Ward, the [new] legal writer!)
http://briefright.com/follow-the-rules/
Today’s brief comes from a criminal appeal filed in the Seventh Circuit. A number of things about it attracted my attention. First, it is a brief that the filing lawyer (allegedly) paid a brief writer $5,000 to draft for him. Second, it is an appeal from a decision by the Hon. Chief Judge Joe Billy McDade of the Central District of Illinois, and I don’t believe that Judge McDade is capable of error (though I may be biased). And third, the lawyer who filed the brief was sanctioned for failing to show up for oral argument on it (he said that he was up all night vomiting and didn’t feel well enough to go to court). Though I have great sympathy with feeling ill prior to an oral argument before the Seventh Circuit, it does seem wise to show up anyway when the clerk tells you that you have to.
18 Monday Nov 2013
Posted in 7th Circuit Court of Appeals, Appellate Law, Contract Law, Insurance Law, Trial Tips and Techniques
≈ Comments Off on There’s No Place Like Home For Homeowner’s Insurance
Seventh Circuit: Mailing Addresses Don’t Necessarily Identify What’s Insured, by Brian Jones, The Bose Insurance Blog
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