Michael T Brody

January 15, 2020 | Law.com

It is certainly true that judicial comings and goings affect the development of the law. A new administration, new laws or rules, or the retirement or appointment of a particular judge can shape the law, for better or ill. Yet the experience of practicing in a court depends on a variety of other people that we should notice and recognize.

By Michael T. Brody

5 minute read

December 16, 2019 | Law.com

In a recent case, the Seventh Circuit reaffirmed that the 10-day time limit in Section 1292(b) for petitioning a court of appeals to take an interlocutory appeal is jurisdictional, but held for the first time that parties could not "circumvent" the deadline by asking the district court to "recertify" the order for interlocutory review.

By Michael T. Brody

6 minute read

November 13, 2019 | Law.com

The U.S. Court of Appeals for the Seventh Circuit recognized the district court's intent to provide enforceable injunctive relief was "sufficiently clear to provide appellate jurisdiction." Nonetheless, the court remanded the matter to the district court because that court's rulings failed to comply with two rules, making the scope and exercise of appellate jurisdiction uncertain.

By Michael T. Brody

6 minute read

October 21, 2019 | Law.com

Your U.S. Court of Appeals for the Seventh Circuit brief is due in a few days and your attention turns to what to put in the appendix. The Federal Rules of Appellate Procedure are not much help.

By Michael T. Brody

7 minute read

September 25, 2019 | Law.com

Rehearing en banc is rare in the U.S. Court of Appeals for the Seventh Circuit. A losing party in the Seventh Circuit has as great a chance of persuading the U.S. Supreme Court to grant certiorari as it does to persuade the Seventh Circuit to grant rehearing en banc.

By Michael T. Brody

7 minute read