The decision whether to litigate in state or federal court is a very important strategic choice that needs to be made at the outset of litigation.

Tagged with: Kohner Mann & Kailas Litigation Ryan Billings Seventh Circuit

The 7th Circuit Court of Appeals ruled a railroad company is responsible for paying the bill for cleaning up contamination in a park on Lake Superior.

Tagged with: 7th Circuit Environmental Protection Agency Seventh Circuit Wisconsin Department of Natural Resources

The Seventh Circuit Court of Appeals this week affirmed the dismissal of a First Amendment lawsuit challenging Wisconsin's Act 10.

Tagged with: Act 10 collective bargaining Seventh Circuit

The Seventh Circuit Court of Appeals is remanding for trial a Wisconsin inmate's pro se lawsuit over his pain medication management. The judges found the Western District of Wisconsin court was wrong to grant summary judgment to a nurse who could be found deliberately indifferent to the inmate's suffering.

Tagged with: Seventh Circuit

Few rulings on appeal are as frustrating for a defense attorney as one that holds the defense is correct on the merits, but that the error was harmless.

Tagged with: David Hamilton Seventh Circuit Supreme Court

I was in Madison one day last week. Those of you who enjoy my work will be happy to know that I was not burned at the stake for heresy. Instead, I had a lovely time.

Tagged with: Madison Milwaukee Seventh Circuit The Dark Side Ziemer

Shorter prison sentences for illegal aliens convicted of illegal re-entry after deportation are on the way.

Tagged with: Seventh Circuit

Within three days, the Seventh Circuit issued two opinions both addressing whether a out-of-state business could be sued for cybersquatting.

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A vanity search on the Internet may result in some dismaying hits. But it is not the basis for a federal lawsuit.

Tagged with: Seventh Circuit

If a defendant does not timely object that the plaintiff is not the real party in interest, the defense can be waived.

Tagged with: Seventh Circuit

The State Bar's use of mandatory dues to fund the Public Image Campaign did not violate the First Amendment.

Tagged with: Seventh Circuit State Bar State Bar of Wisconsin Steve Levine

An attorney who discloses information pursuant to court order, despite asserting it is privileged, cannot file an interlocutory appeal of the order to disclose.

Tagged with: Easterbrook Seventh Circuit

Longstanding precedent holds that federal courts can’t enjoin state court proceedings, despite the state court defendant’s claim that the proceedings violate federal rights. Younger v. Harris, 401 U.S. 37 (1971).

Tagged with: Inc. S.C. Seventh Circuit Tristan Pettit

When requesting attorney fees in federal court pursuant to a contractual fee-shifting provision, rather than a statute, the attorney can submit redacted bills that omit descriptions of the work performed.

Tagged with: Seventh Circuit U.S. District Court

An employee's participation in internal investigations is not protected activity under Title VII.

Tagged with: Seventh Circuit

The Seventh Circuit has denied Milwaukee County Circuit Court Judge John Siefert’s request for rehearing en banc on his lawsuit challenging portions of Wisconsin’s Code of Judicial Conduct.

Tagged with: John Siefert Seventh Circuit United States Supreme Court

An Aug. 20 opinion from the Seventh Circuit addressing Indiana’s Code of Judicial Conduct effectively immunizes some provisions in Wisconsin’s code from constitutional challenge, as well.

Tagged with: Seventh Circuit

President Obama has appointed UW law professor Victoria Nourse to replace retiring Judge Terence Evans on the Seventh Circuit. Needless to say, it’s not a choice I would make. For me, the simple fact that she wrote an article in the California Law Review last year entitled “A Tale of Two Lochners,” in which she asserts that Lochner v. New York, 198 U.S. 45 (1905), was incorrectly decided, is sufficient reason for me not to like the nomination.

Tagged with: Judges Seventh Circuit