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Seventh Circuit Addresses Mandatory Local Controversy Exception to the Class Action Fairness Act

Since its enactment in 2005, the Class Action Fairness Act (CAFA) has provided defendants with additional opportunities to remove state-law claims to federal court. Among other things, the statute expands federal courts’...more

Article III Standing in FDCPA Class Actions: The Seventh Circuit Issues a Series of Decisions

On Monday and Tuesday of this week, the United States Court of Appeals for the Seventh Circuit issued a series of decisions addressing the Article III standing of consumer plaintiffs alleging violations of the Fair Debt...more

First Published Wisconsin Appellate Opinion Applying New Class Action Rule

In 2017, the Wisconsin Supreme Court adopted a new class action rule, modeled after Fed. R. Civ. P. 23, with the avowed purpose of aligning state class-action practice with the federal practice and encouraging resort to the...more

Appellate Briefs Are Not the Place to Incorporate Material from Someplace Else by Reference

Buried in a footnote in the February 7 opinion in a criminal appeal is a helpful reminder for all advocates in the Seventh Circuit, including those handling civil appeals. In United States v. Moody, No. 18-1837 (7th Cir. Feb....more

Seventh Circuit Returns to Full Strength

As Wisconsin lawyers well know, the U.S. Court of Appeals for the Seventh Circuit has been working with less than its fully authorized complement of eleven active circuit judges since Judge Terence Evans took senior status in...more

SCOTUS Raises an Interesting Question for Appeals in Consolidated Cases in Wisconsin

The U.S. Supreme Court today decided unanimously that, when cases are consolidated under Fed. R. Civ. P. 42(a), they nevertheless remain separate cases. In Hall v. Hall, No. 16-1150, two separate cases had been consolidated...more

Seventh Circuit Explains Unique Feature of Diversity Statute

A feature of 28 U.S.C. § 1332, the diversity-jurisdiction statute, may make you scratch your head and wonder why it’s there. In the Seventh Circuit’s March 15, 2018 decision in Hyland v. Liberty Mutual Fire Ins. Co., No....more

Seventh Circuit Considers Diversity Jurisdiction in Trust Dispute

In Doermer v. Oxford Fin’l Group, Ltd., No. 17-1659 (7th Cir. Mar. 7, 2018), the Seventh Circuit had before it an example of what Chief Judge Diane Wood called a “depressingly common” type of litigation: “[f]amily disputes...more

Artis v. D.C.: SCOTUS Explains How § 1367(d) Stops the Clock

The federal supplemental jurisdiction statute, 28 U.S.C. § 1367, allows a litigant with a federal claim to bring into federal court with it any state claims that are so related to the federal claim that they “form part of the...more

Water Splash Reveals a Glaring Omission in Wisconsin's Service-of-Process Rules, Which Ought To Be Fixed

This week's unanimous U.S. Supreme Court decision in Water Splash, Inc. v. Menon, 581 U.S. ___, No. 16-254, points out a glaring omission in Wisconsin’s service-of-process rules that ought to be fixed, so that Wisconsin...more

Midland Funding Highlights Peculiar Feature of Wisconsin's Statute-of-Limitations Law

The U.S. Supreme Court’s decision today in Midland Funding, LLC v. Johnson, 581 U.S. ___, No. 16-348, draws attention in passing to a peculiar feature of Wisconsin law on the effect of statutes of limitations. The 5-3...more

Simultaneous Decisions from the 7th Circuit: How the Later-Argued Case Became Binding Precedent

The Seventh Circuit is very serious about treating its panel decisions as the “law of the court” unless and until they are overruled by the en banc court or a higher authority. Hence, its Circuit Rule 40(e) requires a panel...more

Seventh Circuit Clarifies What It Takes to Make a Preference Payment “Ordinary”

The Bankruptcy Code permits a bankruptcy trustee to compel return of a payment made to a creditor within 90 days before a bankruptcy petition. 11 U.S.C. § 547(b)(4)(A). The justification for compelling the return of...more

Seventh Circuit Clarifies That Lawyers Can Appeal Nonmonetary Sanctions

Imagine that, at the end of a case, the judge decides to impose sanctions on you for the way in which you have handled discovery, or done something at trial. In the order requiring you and your client to pay your opponent...more

The Assignment of Visiting Federal Judges, and a Little Wisconsin Judicial History

A decision from the U.S. Court of Appeals for the D.C. Circuit earlier this month, Wrenn v. District of Columbia, D.C. Cir. No. 15-7057, is a reminder of the crucial importance of crossing t’s and dotting i’s when it comes to...more

Dr. Posner Will See You Now: 7th Circuit Judges Reignite a Spirited Debate over Judicial Internet Research

The fat was really thrown into the fire in the Seventh Circuit on August 19, 2015 on the long-mooted subject of the propriety of internet factual research by appellate courts. Judge Richard Posner, who often chafes...more

Seventh Circuit: "Frivolous" Argument Saves Jurisdiction

The Seventh Circuit issued an important opinion by Judge Easterbrook today, Lu Junhong v. Boeing Co., No. 14-1825, a clump of cases that arose after an Asiana Airlines jet manufactured by Boeing struck a seawall while landing...more

Seventh Circuit Speaks Again on How the Wisconsin Fair Dealership Law Applies in Arbitration

A few months ago, we commented on an aspect of the interaction between the Wisconsin Fair Dealership Law (WFDL), Wis. Stat. ch. 135, and arbitration, as discussed by the Seventh Circuit in Everett v. Paul Davis Restoration,...more

The Seventh Circuit Interprets Wisconsin Exemption Law on College Savings Accounts and Retirement Annuities, but Did It Have...

As we explained in a post yesterday, the Seventh Circuit in In re Bronk (Cirilli v. Bronk), No. 13-1123 (7th Cir. Jan. 5, 2015), made some new law on Wisconsin’s college savings account (Edvest) and annuity exemptions for...more

The Seventh Circuit Interprets Wisconsin Exemption Law on College Savings Accounts and Retirement Annuities, but Did It Have...

In re Bronk (Cirilli v. Bronk), No. 13-1123 (7th Cir. Jan. 5, 2015), resolved a couple of “questions of first impression,” slip op. at 1, under Wisconsin’s exemption statute in a case where a bankruptcy trustee sought to...more

More Confusion in Wisconsin's Supreme Court?

We wrote earlier this week about the new opinion drafting procedure in Wisconsin’s supreme court. To recap, the state’s justices voted 4-3 earlier this term to impose deadlines on the drafting process, presumably in response...more

12/31/2014  /  Judges , Legal Opinion

Direct Benefits Estoppel: 7th Cir. Explains How You Can Be Compelled To Arbitrate Without Agreeing To Do So

Everyone knows that you can’t be compelled to arbitrate a dispute unless you’ve agreed to do so. But what everyone knows is sometimes wrong. There are situations in which a person has to arbitrate even though she didn’t sign...more

Wisconsin Voter ID: Plaintiffs' Emergency Application to Justice Kagan Lacks a Key Element

The plaintiffs in Wisconsin’s Voter ID case yesterday filed an emergency application with Justice Kagan, the Circuit Justice assigned to the Seventh Circuit, seeking an order vacating the Seventh Circuit’s September 12 stay...more

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...more

Dart Cherokee: SCOTUS to Hear Case on CAFA Pleading Requirements

The Supreme Court will now decide whether a 2006 Seventh Circuit decision on Class Action Fairness Act pleading requirements was correct. The Court granted certiorari today in a case that will resolve whether defendants...more

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