Consumer Protection – Meritless Appeal

By: Derek Hawkins//February 8, 2016//

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Kevin Mark Trudeau

Case No.:14-1869

Officials: EASTERBROOK, ROVNER, and SYKES, Circuit Judges.

Focus: Consumer Protection – Meritless Appeal

Appellant raises numerous issues on appeal to combat civil contempt sanctions and provides meritless arguments.

“Trudeau tries to rescue his waived argument by suggesting it was merely forfeited because any objection in the district court would have been futile in light of Greyhound’s status as binding precedent. Wrong again. Trudeau could have preserved a challenge to the continuing vitality of Greyhound even though the district court would have been bound by that decision. Cf. Dixon v. United States, 548 U.S. 1, 4 (2006) (considering the arguments of a petitioner who preserved her objection to a well-settled jury instruction by objecting to it even though “the trial court, correctly finding itself bound by Circuit precedent, denied petitioner’s request”).

Affirmed

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Select Region or Brand

Upcoming Event