Court considers different waiver rules for appellants and appellees

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 9, 2023 10:59 AM

The second time Eddie Bradley appealed from an order that tossed his claim that the village and mayor of University Park violated his right to due process when they fired him as police chief, the 7th U.S. Circuit Court of Appeals reviewed the “critical difference between waivers by appellants and by appellees” and explained what the defendants could have done to waive an issue for purposes of the first appeal while preserving it for remand if they lost.Bradley was fired shortly after a new mayor was elected. In Bradley I …

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