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PODCAST · 23 APRIL 2026

Seventh Circuit Roundup: Two Opinions Every Civil Litigator Should Read

Barnes & Thornburg LLP
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The Seventh Circuit issued two landmark decisions in early 2026 that fundamentally reshape civil litigation practice. One establishes that strategic choices at summary judgment constitute waiver rather than forfeiture, foreclosing appellate review even when counsel changes hands. The other applies the Supreme Court's recent Hippocratic Medicine framework to organizational standing, potentially ending the diversion-of-resources theory that advocacy groups have relied upon for decades.

United StatesLitigation, Mediation & Arbitration
Kian Hudson
Kian Hudson
Mark Crandley
Mark Crandley
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The Seventh Circuit recently issued two decisions — one in mid-February 2026, one in early March — that together touch nearly every corner of civil practice. One is a cautionary tale about appellate waiver. The other reshapes what it means for an organization to have standing in federal court.

Tabernacle Church v. Church Mutual: When Waiver Is Final

The facts are straightforward and sympathetic. A small Indiana church suffered a devastating fire. Its insurer paid roughly $1.7 million — the actual cash value of the damage — but the policy contained a replacement cost provision that could have entitled the church to significantly more, conditioned on repairing or replacing the damaged property "as soon as reasonably possible after the loss." Disputes about repair scope dragged on for years, no repairs were started, and eventually the church sued.

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