Daniel Virnich v. Jeffrey Vorwald

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
January 3, 2012
Before
RICHARD A. POSNER, Circuit Judge
JOEL M. FLAUM, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 10‐3271
DANIEL VIRNICH,
Plaintiff‐Appellant,
v.
JEFFREY VORWALD, et al.,
Defendants‐Appellees.
Appeal from the United States District
Court for the Western District of
Wisconsin.
No. 3:09‐cv‐00340
Barbara B. Crabb,
Judge.
O R D E R
The court’s opinion of December 20, 2011, is hereby amended as follows:
On page 18, footnote 4 is amended by striking the indicated language:
“ 4 This rule is consistent with federal law and the state law of Illinois and Indiana. See
Kurek v. Pleasure Driveway & Park District, 557 F.2d 580, 595 (7th Cir. 1977) (federal and
Illinois law), vacated on other grounds, 435 U.S. 992 (1978); Starzenski v. City of Elkhart,
87 F.3d 872, 878 (7th Cir. 1996) (Indiana law); see also Erebia v. Chrysler Plastic Products
Corp., 891 F.2d 1212, 1215 n. 1 (6th Cir. 1989) (“the established rule in the federal courts
is that a final judgment retains all of its preclusive effect pending appeal”); Robi v. Five
Platters, Inc., 838 F.2d 318, 327 (9th Cir. 1988) (same for issue preclusion).”
‐ over ‐

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No. 10‐3271 2
The corrected footnote 4 shall read:
“ 4 This rule is consistent with federal law and the state law of Indiana. See Kurek v.
Pleasure Driveway & Park District, 557 F.2d 580, 595 (7th Cir. 1977) (federal law), vacated
on other grounds, 435 U.S. 992 (1978); Starzenski v. City of Elkhart, 87 F.3d 872, 878 (7th Cir.
1996) (Indiana law); see also Erebia v. Chrysler Plastic Products Corp., 891 F.2d 1212, 1215
n. 1 (6th Cir. 1989) (“the established rule in the federal courts is that a final judgment
retains all of its preclusive effect pending appeal”); Robi v. Five Platters, Inc., 838 F.2d
318, 327 (9th Cir. 1988) (same for issue preclusion).”

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