Eric Pearson

Eric Pearson

Foley & Lardner LLP

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Seventh Circuit Interprets Wisconsin's Mediation Privilege

When Wisconsin’s legislature enacted the state’s so-called “mediation privilege” in Wis. Stat. § 904.085, it expressly sought, in subsection (1) of that provision, “to encourage the candor and cooperation of disputing...more

12/9/2014 - Discovery Evidence Mediation New Legislation

Seventh Circuit Warns Intervenors Not to Sleep on Their Rights

It’s an ancient principle of equity, drawn from Roman law: Equity relieves the vigilant, not those who sleep upon their rights. And it sums up quite well the Seventh Circuit’s recent decision in SEC v. First Choice Management...more

10/14/2014 - Enforcement Actions Intervenors Mineral Leases Receivership SEC Securities Fraud

Seventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment

Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that “it prospectively is no longer equitable.” Motions under Rule 60(b)(5) must be made “within a reasonable...more

10/13/2014 - Federal Rules of Civil Procedure Hunting Native American Issues

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...more

10/2/2014 - Appeals Same-Sex Marriage SCOTUS Voter Registration

7th Cir. Upholds Springfield's Panhandling Ordinance, Using a Historic Twist

It can’t have happened often (if at all) that a retired Justice would decide a new case based on his reading of an opinion in which he dissented. Yet that is precisely what happened in Thayer v. Worcester, 755 F.3d 60...more

10/1/2014 - First Amendment Local Ordinance Panhandling

Judge Easterbrook on Appellate Review: There Are No "Writs of Erasure"

Judge Easterbrook provided a fundamental and valuable lesson on appellate review during today’s oral argument in O’Keefe v. Chisholm, a series of consolidated appeals that concern the John Doe investigation brought by...more

9/10/2014 - Fundraisers Investigations Oral Argument

7th Circuit Defines "Worthless Services" Under the False Claims Act

That’s the upshot from U.S. ex rel. Absher v. Momence Meadows Nursing Center, Nos. 13-1886 & 13-1936 (Aug. 20, 2014), a recent decision from the Seventh Circuit (authored by Judge Manion) that addressed the worthless-services...more

9/8/2014 - Appeals False Claims Act Medicaid Medicare Qui Tam Relators Skilled Nursing Facility Worthless Services Claims

7th Cir. Leaves Distressed-Asset Investor With No Remedy, or Exactly What it Bargained for

It’s rare that a party to a contract can breach it but not be liable for a remedy. Yet that’s precisely what happened last week in Southern Financial Group, LLC v. McFarland State Bank, No. 13-3378 (7th Cir. Aug. 15, 2014), a...more

8/25/2014 - Banking Sector Banks Breach of Contract Debt Buyers Discovery Rule Fraud Remedies

7th Circuit Rejects Public-Disclosure Bar in Qui Tam Case

In United States ex rel. Heath v. Wisconsin Bell, Inc., No. 12-3383 (7th Cir. July 28, 2014), the Seventh Circuit grappled with this bar on the use of publicly disclosed information, refusing to apply it in a case involving...more

8/19/2014 - False Claims Act Public Disclosure Qui Tam School Districts Telecommunications

Sarbanes-Oxley Casts a Wide Net, Literally

Congress passed Sarbanes-Oxley in 2002 to deal with the accounting scandals that resulted in the downfall of the likes of Enron, Tyco, Worldcom, Arthur Andersen, and others. In its October Term 2014, the Supreme Court will...more

8/11/2014 - Destruction of Evidence Fishing Industry Sarbanes-Oxley SCOTUS

Back to School: 7th Circuit Issues Two Decisions on International Diversity Jurisdiction

Putting together all the Seventh Circuit’s decisions from the last few decades on subject-matter jurisdiction would yield an impressive textbook on the subject. The court (and Judge Easterbook, in particular) has adhered...more

8/8/2014 - Foreign Entities Jurisdiction Subject Matter Jurisdiction

A Jurisdictional Twist: 7th Cir. Holds That District Court Had Supplemental Jurisdiction Over Federal Claim and Original...

There’s nothing inherently unique about the substantive issues in Burzlaff v. Thoroughbred Motorsports, Inc., No. 13-2520 (July 10, 2014), a decision released yesterday by the Seventh Circuit. The plaintiff, Ronald Burzlaff,...more

7/15/2014

It's Not a Federal Question: 7th Circuit Sends Case Involving Affordable Care Act Funds Back to State Court

What is or what is not a federal question under Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005), is an issue that continues to perplex lawyers, judges, and law students alike. In...more

7/14/2014 - Affordable Care Act Federal Jurisdiction Federal Question Jurisdiction Healthcare

Too Little, Too Late: Seventh Circuit Reaffirms the Limits of a Registration Proceeding Under 28 U.S.C. § 1963

In Goldman v. Gagnard, No. 12-2706 (June 27, 2014), the Seventh Circuit (in an opinion authored by Judge Tinder) waded into a long-running, continent-spanning dispute, which it characterized as “Dickensian” in character,...more

7/9/2014 - Collection Action Final Judgment Jurisdiction

The "Villain's" Reply: Judge Posner Defends His Experiment in Chambers

We last wrote about Mitchell v. JCG Industries, No. 13-2115 (7th Cir. Mar. 18, 2014), in mid-March, when one judge on the panel (all suspected Judge Posner) confirmed his “intuition” that plaintiffs in a donning-and-doffing...more

5/30/2014 - Doffing Donning Evidence Federal Rules of Civil Procedure Protective Gear Wages

Petrella v. MGM: Supreme Court Recognizes Limits on Laches

The word “laches” is from French, meaning “remissness” or “slackness.” One of the familiar equitable defenses, laches developed in chancery to prevent unreasonable delay in pursuing a right or claim, lest that delay prejudice...more

5/29/2014 - Copyright Copyright Infringement Laches MGM Petrella v. MGM SCHOTUS Statute of Limitations

Rational Basis Review Is Not Empirical Basis Review: Fifth Circuit Criticizes the Seventh Circuit's Decision in Van Hollen

Late last year the Seventh Circuit issued its decision in Planned Parenthood of Wisconsin, Inc. v. Van Hollen, No. 13-2726 (7th Cir. Dec. 20, 2013), a constitutional challenge to a new Wisconsin law (known as Act 37) that...more

3/31/2014 - Standard of Review

Lees v. Carthage College: A Seventh Circuit Decision on the Admissibility of Expert Testimony for the Standard of Care

The Seventh Circuit recently issued two opinions with interesting evidentiary issues. We wrote about the multiple levels of hearsay in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), last week. And, this week, the...more

4/22/2013 - Admissibility Evidence Expert Testimony Standard of Care

In re Canopy Financial, Inc.: A Primer From the Seventh Circuit on Excusable Neglect

What is “excusable neglect” under Fed. R. Civ. P. 60(b)(1)? The answer is that it depends, but generally it’s not much. That’s the first lesson from the Seventh Circuit’s recent decision in In re Canopy Financial, Inc., No....more

4/5/2013 - Default Judgment Excusable Neglect Service of Process Summons

Wisconsin Auto Title Loans v. Jones: Another Round in the Fight Over Concepcion and Federal Arbitration Act Preemption

Last year, around this time in fact, we wrote about the Federal Arbitration Act and the effect of AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), on an argument under Wisconsin law about the unconscionability of an...more

2/7/2013 - Arbitration Arbitration Agreements AT&T Mobility AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act Wisconsin Auto TItle Loans v Jones

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