Seventh Circuit Summary Judgment Practice: the ‘Production’ and ‘Persuasion’ Burdens

The Seventh Circuit remarked that parties who respond to a summary judgment motion “often misconceive what is required of them” in Modrowski v. Pigatto, 2013 WL 1395696 (7th Cir. 2013).  The case amply illustrates that summary judgment misconceptions can have unfortunate consequences. In Modrowski, a former employee sued two property management firms under the Computer Fraud and Abuse Act …

Collateral Estoppel, Law Of the Case and Section 2-1401 Petitions: Illinois Basics

1600 Museum Park, LLC v. Williams, 2012 WL 6955718, chronicles an aborted condominium purchase and its ensuing litigation.  A condo owner and two purchasers signed a contract (Contract) and an approx. $25K promissory note in connection with a condo sale.  But only one of the buyers signed the contract and note.  The deal fell through and the defendants sent a written termination …

Employer Commandeers Ex-Employee’s LinkedIn Account: ‘Can They Do That?!’ (Eagle v. Morgan I)

Eagle v. Morgan, 2012 WL 4739436 (E.D.Penn. 2012) is a case whose impact is likely to reverberate through the social media legal landscape for some time.  It addresses interesting questions like who owns an employee’s social media account, what happens to the account when an employee is fired, and whether the account has monetary value to the employee.  In Eagle,  a …