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Seventh Circuit Chastises Lawyer for Raising Too Many Issues On Appeal (Among...
Not much went right for the plaintiffs’ lawyer in the Seventh Circuit’s decision yesterday in Pierce v. Visteon Corp., No. 14-2542 (7th Cir. July 1, 2015), but the opinion provides a few good lessons...
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Judge Posner Sets Out to Clean Up Frivolousness
Nate Carter probably wasn’t expecting this. Mr. Carter had lost his home to a mortgage foreclosure. So seemingly out of blind rage—or at least the sort of anger that when coupled with ignorance leads...
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Judicial Internet Research: Dr. Posner Faces Peer Review
Last month, we wrote about the Seventh Circuit’s decision in Rowe v. Gibson, No. 14-3316 (Aug. 19, 2015), a decision written by Judge Richard Posner that created considerable controversy regarding the...
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Does Wisconsin’s Four-Corners Rule Govern an Insurer’s Duty to Defend?
Those who follow the work of the Wisconsin appellate courts might recognize this question as one that District II of the Court of Appeals certified to the Supreme Court nearly five years ago in...
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Judicial Internet Research: Does the First SCOTUS Decision of OT 2015 Bode...
Regular readers of our blog likely are familiar with the Seventh Circuit’s recent decision in Rowe v. Gibson, No. 14-3316 (Aug. 19, 2015), and the considerable controversy that Judge Richard Posner...
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The Seventh Circuit Applies the Erie Doctrine to Minor Settlements
For the purposes of the Erie doctrine, which directs federal courts sitting in diversity to apply state substantive law and federal procedural rules, “damages law is substantive law,” and that includes...
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Much Ado About Nothing: The Defense of Judge Posner’s Internet Research
All the briefs are filed, and the next step in the saga of Rowe v. Gibson, No. 14-3316 (Aug. 19, 2015), is for the nine judges in regular active service on the Seventh Circuit to cast their votes in...
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Split Circuit: Seventh Circuit Debate Over Judicial Internet Research Ends in...
The results are in this afternoon in the Seventh Circuit’s vote to rehear en banc Rowe v. Gibson, No. 14-3316 (Aug. 19, 2015), and it was a close one, a 4-4 tie, which means that the majority’s opinion...
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In Re Sentinel Management: The Seventh Circuit Considers Equitable Subordination
Equitable subordination in bankruptcy can be a powerful tool, providing a court with considerable latitude to set things right insofar as the estates of the penniless and the rights of their creditors...
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Seventh Circuit Reinforces the Importance of Memorializing Agreements in...
Put it in writing. How many times have those four words been uttered in the course of commerce? Many more than we care to count, to be sure. For the fact remains that the act of putting pen to paper,...
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Beware the Scrollable Window: The Seventh Circuit Strikes Down an Internet...
If you’re like us—and most others, we’ll venture to guess—you’ve never read all the terms and conditions of the iTunes end-user license agreement. We doubt that it’s a scintillating read, but,...
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Coming Up Short: When There Aren’t Enough Judges Eligible to Rehear a Case En...
Every now and then we see something in the reported decisions of the U.S. Court of Appeals for the Seventh Circuit that seems noteworthy because we’ve never seen it before. The following is one such...
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The Case of the Vanishing § 1292(b) Certification
Nothing about the Seventh Circuit’s recent per curiam decision in Kenosha Unified School District No. 1 Board of Education v. Whitaker, No. 16-8019 (7th Cir. Nov. 14, 2016), could be considered much of...
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The New Wisconsin Court of Appeals
Bill Gates once wrote that “[w]e always overestimate the change that will occur in the next two years and underestimate the change that will occur in the next ten.” Mr. Gates surely wasn’t thinking...
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A Softer, Gentler Seventh Circuit Reconsiders “Substantial Compliance” Under...
Those who practice regularly before the U.S. Court of Appeals for the Seventh Circuit know that the court has not been reluctant to punish a misbehaving lawyer. So the court’s recent decision in...
View ArticleBuyer Beware: Wisconsin’s Supreme Court Reaffirms the Doctrine of Caveat...
Lawyers who practice in Wisconsin might be forgiven for wondering what limits to liability remain for torts under Wisconsin law. Some decisions of Wisconsin’s Supreme Court, such as Behrendt v. Gulf...
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“You Can’t Beat Something with Nothing”: 7th Cir. Explains the Importance of...
Some cases present issues that are difficult for the parties to litigate or for the courts to decide. But those cases tend to be the exception. Much of litigation—at least when practiced...
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GDPR实施一周年及国家监管机构职责回顾
2019年5月25日，GDPR实施已满周年，一年实施期间让众多跨境企业尤其是在欧洲市场开展业务的跨境企业如履薄冰，社会各界对于GDPR是非功过莫衷一是。周年之际，欧洲数据保护委员会发布官方周年报告First Overview On the Implementation of the GDPR and the Roles and Means of the National Supervisory...
View Article工程内部承包与挂靠的识别问题
近日某客户要求审查公司内部承包经营合同，经通读全文并与客户确认后发现，客户拟通过签署公司内部承包合同的形式，实现工程资质挂靠之实。因此，本着格物致知的精神，尽可能全面地梳理了内部承包与挂靠相关的法律规范（包括法律、法规、司法解释、地方司法性文件），以探究内部承包与挂靠的“罗生门”。 一、内部承包与挂靠的相关法律规范 《关于改革国营施工企业经营机制的若干规定》...
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1587年与1768年——A YEAR OF NO SIGNIFICANE?
万历十五年，亦即公元1587年，在西欧历史上为西班牙舰队全部出动征英的前一年，而在中国，这平平淡淡的一年中，发生了若干为历史学家所易于忽视的事件。这些事件，表面看来似末端小节，但实质上却是以前发生大事的症结，也是将在以后掀起波澜的机缘。在历史学家黄仁宇的眼中，其间的关系因果，恰为历史的重点，而我们的大历史之旅，也自此开始...... 叫魂——1768年中国妖术大恐慌 万历十五年——无关紧要的一年
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