Michael T Brody

Michael T Brody

February 14, 2022 | Law.com

What Does A Sua Sponte Grant of Rehearing Teach Us About Seeking Rehearing?

  A recent U.S. Court of Appeals for the Seventh Circuit en banc decision opens a window into that court's grant of petitions for rehearing.…

By Michael T. Brody

7 minute read

April 05, 2021 | Law.com

Seventh Circuit Sets Guardrails for Amicus Briefs

Rule 29 does not define the circumstances in which a court will grant leave to file an amicus brief. Seventh Circuit Rule 29 likewise, does not provide that guidance.

By Michael T. Brody

5 minute read

February 10, 2021 | Law.com

No Judge Is an Island

A recent flurry of decisions in the U.S. Court of Appeals for the Seventh Circuit reveals that courts may follow a particular percolating issue, coordinate their decisions, and release opinions to address recurring issues or to clarify the law of the circuit.

By Michael T. Brody

7 minute read

November 24, 2020 | Law.com

Seventh Circuit Addresses Class Action Objector 'Blackmail'

Payment can be an irrevocable step and defendants are unlikely to recover money once it is distributed. Thus, settlement agreements typically do not permit distribution of settlement relief to the class until the completion of all appellate review.

By Michael T. Brody

6 minute read

October 06, 2020 | Law.com

Seventh Circuit Rejects District Court Stay Pending Certiorari Petition

Frequently, a decision on appeal will not end the case; instead, the court of appeals may remand the case to the district court to conduct additional proceedings, perhaps leading to a trial.

By Michael T. Brody

7 minute read

July 14, 2020 | Law.com

The Seventh Circuit Struggles With Applying 'Monell'

Under a federal statute, Section 1983 of the Civil Rights Act of 1871, individuals may sue state officials for violations of constitutional rights.

By Michael T. Brody

6 minute read

May 13, 2020 | Law.com

Is the Seventh Circuit Pushing the Limits of 'Terry'?

"Reasonable suspicion" requires more than an "inarticulate hunch," but Terry permitted this limited intrusion based on a lower threshold than the showing of probable cause required to obtain a search warrant.

By Michael T. Brody

7 minute read

April 27, 2020 | Law.com

Small Case, Big Reminder

I hope this column finds you healthy, safe, and connected to others. As we are into the second month of the so-called new normal of working remotely,…

By Michael T. Brody

6 minute read

March 18, 2020 | Law.com

So When Will the Court Rule?

To answer this question with a little more precision, I looked for data. I was unable to find reports of how long it usually takes the Seventh Circuit to rule, so I gathered my own.

By Michael T. Brody

6 minute read

February 19, 2020 | Law.com

Seventh Circuit Defines Accrual Date Under 'Heck v. Humphrey'

The Seventh Circuit reviewed a series of its prior decisions applying 'Heck', repudiating the reasoning of some and overruling others.

By Michael T. Brody

6 minute read