This week, two federal appellate courts published notable opinions on the intersection between personal jurisdiction jurisprudence and Rule 23 class action procedure. The defendants in both cases face nationwide class actions, and each argued that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, precludes district
Wisconsin Appellate Law
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Wisconsin Court of Appeals Enforces Knowledge Requirement for Preference Claims
Wisconsin’s Chapter 128 has long been something of a “wild west” of insolvency proceedings. Modeled on the provisions of the federal Bankruptcy Act of 1898, the statute empowers a circuit court to appoint a receiver to administer a debtor’s estate and to issue a protective order enjoining creditors from taking enforcement actions. But it lacks…
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 body of case law interpreting the federal rule.
In the first published appellate opinion of which I’m aware…
Wisconsin Supreme Court Clears the Path to the Courtroom for Member-Driven LLC Litigation
Wisconsin’s Supreme Court issued an important decision last week in Marx v. Morris, 2019 WI 34, holding that “[c]orporate principles of derivative standing do not apply to the distinct business form of an LLC.” Id. ¶ 4.
In a 4-3 decision written by Chief Justice Patience Roggensack, the court explained that the statutory scheme applicable…
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. 7, 2019), Mr. Moody sought to incorporate an argument by reference from the appellate…