Securing Court Approval of an Appeal Bond in an Amount Less than Full Judgment under Illinois Supreme Court Rule 305(a) In Illinois, when a jury awards damages to the plaintiff, the trial court enters a judgment in favor of the plaintiff and against the defendant in the amount of the jury's verdict. That judgment may be enforced during the course of the defendant's appeal unless the defendant seeks a stay of enforcement supported by the [...]
On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts were immune from suit under the Protection of Lawful Commerce in Arms Act (PLCAA) because the defendants' alleged conduct did not constitute aiding and abetting the illegal sale of firearms. No. 23-1141 (U.S. June 5, 2025) (Kagan, J.). Congress enacted PLCAA in [...]
On May 22, 2025, the Supreme Court of the United States affirmed prosecutors' ability to pursue mail and wire fraud charges under the "fraudulent inducement" theory. Under that theory, a defendant need not intend to cause economic harm. As this blog previewed before and after oral argument in Kousisis v. United States, the U.S. Department of Justice (DOJ) has suffered a recent wave of defeats in pursuing fraud charges under various theories, such as when the Supreme Court foreclosed the [...]