Appellate and Complex Litigation Blog
December 15, 2023
The Risk of Conceding Issues for Purposes of Appeal: Seventh Circuit Finds Waiver
In Bradley v. Village of University Park, 2023 WL 1488351 (7th Cir. Feb. 3, 2023), the Seventh Circuit found that the defendants waived an issue by conceding it in a prior appeal. In so finding, the court clarified the difference between conceding an issue for purposes of an appeal and waiving the issue outright so that it could not be disputed on remand.