Michael Mogan v. Portfolio Media, Inc.

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
August 7, 2025
Before
MICHAEL B. BRENNAN, Circuit Judge
CANDACE JACKSON-AKIWUMI, Circuit Judge
JOSHUA P. KOLAR, Circuit Judge
No. 24-1331
MICHAEL MOGAN,
Plaintiff-Appellant,
v.
PORTFOLIO MEDIA, INC.,
Defendant-Appellee.
Appeal from the United States District
Court for the Northern District of Illinois,
Eastern Division.
No. 1:23-cv-02868
Matthew F. Kennelly,
Judge.
O R D E R
Plaintiff-Appellant filed a petition for rehearing and rehearing en banc on July 22,
2025. No judge in regular active service has requested a vote on the petition for
rehearing en banc, and all members of the panel have voted to deny the petition for
rehearing. The petition therefore is DENIED.
Page 2, paragraph 1, of the opinion issued on July 14, 2025, is amended to read:
Mogan, who is an attorney, sued Airbnb in California state court on behalf of a
client named Veronica McCluskey in 2018. See Mogan v. Sacks, Ricketts & Case LLP, No.
21-cv-08431, 2022 WL 94927, at *2 (N.D. Cal. Jan. 10, 2022) (describing the McCluskey
case). That case went to arbitration and the state court ordered Mogan to pay sanctions
for filing a frivolous motion. Mogan then sued Airbnb on his own behalf, in federal
court, for abuse of process and unfair business practices that he alleged Airbnb

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No. 24-1331 Page 2
committed in the McCluskey case. The federal court dismissed the case and imposed
additional sanctions against Mogan for filing a frivolous lawsuit. When he refused to
pay the state court sanctions, the California State Bar filed disciplinary charges against
him. Law360, a legal news website, detailed these legal battles in three articles
published between 2022 and 2023.

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