Eric Pearson

Eric Pearson

Foley & Lardner LLP

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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 one to do illogical...more

8/3/2015 - Banking Sector Banks Financial Institutions Mortgages SCOTUS

It’s Time to Rewrite Wisconsin’s Single-Party Listing Agreement

A note to the drafters of Wisconsin’s single-party listing contract: It’s time to redefine what triggers the payment of a commission under the contract after a recent decision of Wisconsin’s supreme court in Ash Park, LLC v....more

7/24/2015 - Breach of Contract Broker Commissions Real Estate Brokers Specific Performance

Seventh Circuit Chastises Lawyer for Raising Too Many Issues on Appeal (Among a Litany of Other Missteps)

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 for appellate...more

7/7/2015 - Appeals Appellate Briefs Appellate Rules Attorney's Fees Class Action COBRA Young Lawyers

Did Justice Thomas Foreshadow the Downfall of Obamacare in Baker Botts?

By no means do we think that we might reliably predict the outcome of such a politically charged case as King v. Burwell, No. 14-114, the latest challenge to the Affordable Care Act. But for those who like to read tea...more

6/19/2015 - Attorney's Fees Baker Botts v ASARCO Bankruptcy Code SCOTUS Sonia Sotomayor

Judge Posner on Bankruptcy’s "Clean-Up" Jurisdiction

Most bankruptcy lawyers might think that the dismissal of a bankruptcy proceeding and the revesting of the bankruptcy estate’s assets in the debtor bring an end to the bankruptcy court’s jurisdiction....more

2/25/2015 - Attorney's Fees Bankruptcy Code Bankruptcy Court Federal Jurisdiction

Seventh Circuit Requires "Cash on the Barrelhead" From Interpleaders

Judge Easterbrook and his colleagues on the U.S. Court of Appeals for the Seventh Circuit aren’t about to exercise jurisdiction over a civil action of interpleader merely on credit or promises to pay. The plaintiff has to...more

2/20/2015 - Appeals Diversity Jurisdiction Insurance Litigation Interpleaders Jurisdiction Life Insurance

A Reminder From the Seventh Circuit to Proofread the Form of the Judgment

The Seventh Circuit’s docket appears to be rife with cases involving little errors that turn out to have not-so-little effects. Last month we wrote about the perils of typos in security agreements; this month the Seventh...more

1/30/2015 - Drafting Attorney Final Judgment

Seventh Circuit Offers No Relief for United Airlines' "Million Milers"

For years United Airlines has asked its customers to “Fly the Friendly Skies,” but a dispute with one of its frequent flyers turned decidedly unfriendly and became the subject of a recent case before the Seventh Circuit in...more

1/12/2015 - Airline Deregulation Act Airlines Breach of Contract Mergers Preemption Preservation of Rights Rewards Programs United Airlines

Seventh Circuit Uses Rule 9(b) to Dismiss False Claims Act Case

The Seventh Circuit has been on quite a tear recently with cases involving the False Claims Act; we wrote about three of them, involving the federal assignment law, the worthless-services doctrine, and the public-disclosure...more

1/12/2015 - Dismissal With Prejudice Dismissals False Claims Act Government Investigations Pharmacies Rule 9(b) Whistleblowers

Seventh Circuit Analyzes Its Jurisdiction Under the Panama Convention

International arbitration can be tricky, and it’s not often that the Seventh Circuit has an opportunity to analyze the grounds for its jurisdiction in this area. That makes the court’s recent decision in Pine Top Receivables...more

1/8/2015 - Federal Arbitration Act International Arbitration Jurisdiction Reinsurance

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

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

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