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Circuit-Rider-Vol-25.Pdf November 2018 Featured In This Issue Steve Shapiro’s Legacy in the Courtroom and Beyond, By Kathy Agonis In Memoriam Stephen Shapiro, By Jeffrey Cole TheThe An Interview With Steve Shapiro: The Art of Appellate Advocacy, By Jeffrey Cole In Memoriam: A Tribute to Judge Daniel G. Martin, By Hon. Sara Ellis Hugo Black and the Murder of Father James E. Coyle, By Kenneth P. Nolan CirCircuitcuit Emojis, Emoticons, and the Law: An Overview for Attorneys and Judges, By Alexandra L. Newman The Path To Trial: A Nuts And Bolts Roadmap To Federal Civil Pretrial Submissions, By Skyler Silvertrust Answering the Call: Pro Bono Programs in the Courts of the Seventh Circuit, By Laura McNally & Margot Klein Diversity Jurisdiction and the Citizenship of Insurers, By Jeff Bowen RiderRiderT HE J OURNALOFTHE S EVENTH A Brief Note To Mark the 50th Anniversary of Multidistrict Litigation, By Jane Dall Wilson C IRCUITIRCUIT B AR A SSOCIATION Book Review, By Dawson Robinson, WILLIAM HOWARD TAFT, by Jeffrey Rosen Around the Circuit, By Collins T. Fitzpatrick Me m o r i e s The Circuit Rider In This Issue Letter from the President . 1 Steve Shapiro’s Legacy in the Courtroom and Beyond, By Kathy Agonis . .2-7 In Memoriam Stephen Shapiro, By Jeffrey Cole . .8-9 An Interview With Steve Shapiro: The Art of Appellate Advocacy, By Jeffrey Cole . 10-19 In Memoriam: A Tribute to Judge Daniel G. Martin, By Hon. Sara Ellis . .20-22 Hugo Black and the Murder of Father James E. Coyle, By Kenneth P. Nolan . .23-25 Emojis, Emoticons, and the Law: An Overview for Attorneys and Judges, By Alexandra L. Newman . 26-34 The Path To Trial: A Nuts And Bolts Roadmap To Federal Civil Pretrial Submissions, By Skyler Silvertrust . 35-39 Answering the Call: Pro Bono Programs in the Courts of the Seventh Circuit, By Laura McNally & Margot Klein . 40-44 Diversity Jurisdiction and the Citizenship of Insurers, By Jeff Bowen . 44-48 A Brief Note To Mark the 50th Anniversary of Multidistrict Litigation, By Jane Dall Wilson . .49-51 Book Review, By Dawson Robinson, WILLIAM HOWARD TAFT, by Jeffrey Rosen . 52-55 Around the Circuit, By Collins T. Fitzpatrick . .56-57 Get Involved. .1 Writers Wanted! . .34 Send Us Your E-Mail. .44 Upcoming Board of Governors’ Meetings . 55 Seventh Circuit Bar Association Officers for 2017-2018 / Board of Governors / Editorial Board. .58 The Circuit Rider 1 membership, and we work to generate sufficient revenue to Letter from the P r e s i d e n t serve our mission. President Randall D. Crocker von Briesen & Roper, s.c. The Board of Governors is reviewing our bylaws, and we will update these bylaws as appropriate to reflect our vision for the organization. Our treasurer, Howard Adelman, reports that our finances are in good order and that our reserves are in a prudent amount. Welcome to another edition of the The Circuit Rider, the first rate publication We have four new judges confirmed to the 7th Circuit Court of of the 7th Circuit Bar Association. I want Appeals this year. Among the Association’s traditional services to thank Magistrate Judge Jeffrey Cole, is our gift to the Circuit of the official portrait of each of our the editorial board, and the contributing Circuit Judges. The portraits of Judges Barret, Brennan, Scudder authors for yet another thought-provoking and excellent edition. and St. Eve are being painted as I write this, and will be ready This publication is a valuable tool for those of us who practice for presentation at our annual meeting in May. in the 7th Circuit, and is one of many things that make our organization so worthwhile. Plans for our annual meeting are in progress with a committed and dynamic planning committee. We will gather in Milwaukee Thanks to Past President Elizabeth Herrington for her leadership at the Pfister Hotel from May 5 to the 7th for the 68th Judicial of our organization over the past year and for an outstanding Conference and Annual Meeting of the 7th Circuit Bar Association. conference in Chicago last May. Our conference was well attended with outstanding representation from the bench and Under the leadership of Mike Brody, our Foundation continues bar from our three states. The topics were timely and the to present superb programs on important subjects. programs well attended and received. The Annual Dinner was a great success. I am honored to serve the Association as its president at this exciting time, and I am looking forward to a great year. At the March 2018 meeting of the Board of Governors, Beth Herrington and Steve Molo presented an updated version of Thanks for your support. the Association’s Vision and Mission Statement. The Board unanimously approved it. Our vision is to advocate for the fair and effective administration of justice in the Courts of the Seventh Circuit, and our mission Get Involved! is to promote interaction and cooperation between lawyers and judges in improving the administration of justice. Interested in becoming more involved in the Association? Get involved with a committee! Log on to our web site at We plan to accomplish these goals by working with the Courts in www.7thcircuitbar.org, and click on the “committees” planning and conducting the Judicial Conferences and Annual link. Choose a committee that looks interesting, and Meetings of the 7th Circuit Bar Association. We seek to diversify contact the chair for more information. and to strengthen educational and other programs across the Circuit. We strive to promote and enhance the value of The Circuit Rider 2 S TEVE S H A P I r O ’ S L E G A C y: intheCourtroom and Beyond By Kathy Agonis* The celebrated appellate lawyer Stephen M. Shapiro passed away on August 13, 2018, leaving a legacy of superlative advocacy and, as importantly, of mentorship and generosity, that made him a credit to this bar and to the profession. A former Assistant and then Deputy Solicitor General and partner at Mayer Brown LLP for 40 years, Steve argued over 30 cases in the Supreme Court of the United States and countless more in the federal courts of appeals, including the Seventh Circuit. During his years of practice, he brought his formidable intellect, unparalleled intensity, and sharp insight to every case he touched. His standard of excellence and professionalism spread to those who worked with him and those who knew him only through his briefs, arguments, and reputation. For some, though, his generous spirit, collegial work style, and ready mentorship of others will match and even eclipse his legal prowess in their memories. I saw Steve a few weeks before his untimely death. He was riding Metra’s Union Pacific North Line, in the back-left window seat in the first car — the same seat in the same car of the same train that he took every day. Sometimes he dozed; sometimes he appeared to be pondering law or life. Oddly, I rarely saw him reading briefs or Westlaw printouts, which he nearly always did when he alighted somewhere. Often I was engrossed in Twitter or was vigorously text messaging. But sometimes we’d meet eyes and wave, or we’d be close enough to exchange a few pleasantries. That day, though, we were partnered perfectly as we exited the car, and we struck up a real conversation. I had left Mayer Brown eight years earlier, as a mid-level associate who stayed about three years at the firm. Steve remembered the job I left to take. He remembered hearing that I had moved on once again. He asked Continued on page 3 *Kathy Agonis is a Deputy Senior Staff Attorney for the U.S. Court of Appeals for the Seventh Circuit and former Mayer Brown associate. She can be reached at [email protected]. The Circuit Rider 3 absence of commonality); Kurz v. Fid. Mgmt. & Research Co., intheCourtroomandBeyond 556 F.3d 639 (7th Cir. 2009) (interpreting the scope of the Continued from page 2 Securities Litigation Uniform Standards Act); Goldwasser v. Ameritech Corp., 222 F.3d 390 (7th Cir. 2000) (addressing the intersection of antitrust laws and the Telecommunications Act); AT&T Commc’ns of Illinois, Inc. v. Illinois Bell Tel. Co., 349 F.3d 402 (7th Cir. 2003) (explaining relation between federal Telecommunications Act and Illinois telecommunications statutes regulating price); Oak Brook Bank v. N. Tr. Co., 256 F.3d 638 about the jobs and whether I was happy. He asked about the status (7th Cir. 2001) (defining when a federal reserve bank is “open of the Seventh Circuit bench with our four new judges, and we to the public”); S. Austin Coal. Cmty. Council v. SBC Commc’ns talked about the confirmation of Neil Gorsuch, his acquaintance. Inc., 191 F.3d 842 (7th Cir. 1999) (considering the ripeness of That led to talk about the high court’s docket for the October action to enjoin a merger). Steve’s Seventh Circuit record was Term and then to his family, and in particular, the news that not 100%, but his legacy of excellence in our appellate court his daughter, Dorothy Lund, had accepted a faculty position at will not soon be eclipsed. University of Southern California’s law school. I had made the mistake of asking Steve about his “kids” — I remembered that When Steve heard that I could write well enough, he occasionally he, about the same age as my own dad, had two. Steve gently staffed me on his appeals. The best parts of working on a brief reminded me his family had lost Michael not very long ago, with Steve were watching his process, hearing him think, and and I was mortified by my memory lapse.
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