7th Circuit Case Commentaries

Universal Life “Monthly Charges” Are Statutory Premiums—and Trigger § 234(2)’s Monthly-Premium Exception

Date: Jan 21, 2026

Universal Life “Monthly Charges” Are Statutory Premiums—and Trigger § 234(2)’s Monthly-Premium Exception 1. Introduction Fayez Dahleh v. Minnesota Life Insurance Company (7th Cir. Jan. 20, 2026)...

Objective Vehicle Protective Searches Under Long: Furtive Movements, Cannabis Odor, and Weapons-Related Supervision Support Reasonable Suspicion; Post-Sentence Family Remarks Require “Reliance” to Create Constitutional Error

Date: Jan 21, 2026

Objective Vehicle Protective Searches Under Long: Furtive Movements, Cannabis Odor, and Weapons-Related Supervision Support Reasonable Suspicion; Post-Sentence Family Remarks Require “Reliance” to...

Objective “Long” Vehicle Protective Searches: Cannabis Odor, Furtive Movements, and Officer Demeanor

Date: Jan 21, 2026

Objective “Long” Vehicle Protective Searches: Cannabis Odor, Furtive Movements, and Officer Demeanor I. Introduction United States v. Dazmine Erving (7th Cir. Jan. 20, 2026) addresses two recurring...

Primary-Significance Governs Genericness (Not “Exclusive Descriptor”): Survey-Driven Reversal of “Pizza Puff” Preliminary Injunction

Date: Jan 18, 2026

Primary-Significance Governs Genericness (Not “Exclusive Descriptor”): Survey-Driven Reversal of “Pizza Puff” Preliminary Injunction Case: Illinois Tamale Company, Inc. v. LC Trademarks, Inc. and...

“Primary Significance” Controls Genericness for Incontestable Marks; Descriptive Fair Use Turns on Product Characteristics, Not Product Identity

Date: Jan 18, 2026

“Primary Significance” Controls Genericness for Incontestable Marks; Descriptive Fair Use Turns on Product Characteristics, Not Product Identity 1. Introduction In Illinois Tamale Company, Inc. v. LC...

Incontestable Marks and Genericness at the Preliminary-Injunction Stage: “Primary Significance” Governs, and Fair Use Describes Characteristics—not Identity

Date: Jan 18, 2026

Incontestable Marks and Genericness at the Preliminary-Injunction Stage: “Primary Significance” Governs, and Fair Use Describes Characteristics—not Identity Introduction In Illinois Tamale Company,...

Primary-Significance Controls Genericness of Incontestable Marks; Fair-Use “Descriptive” Prong Turns on Product Characteristics, Not Product Identity

Date: Jan 17, 2026

Primary-Significance Controls Genericness of Incontestable Marks; Fair-Use “Descriptive” Prong Turns on Product Characteristics, Not Product Identity Illinois Tamale Company, Inc. v. LC Trademarks,...

CEA Two-Year Bar Not Avoided by “John Doe” Pleading: No Rule 15 Relation-Back Without a “Mistake,” and Investment Managers Must Plead Their Own Trading Losses for Article III Standing

Date: Jan 17, 2026

CEA Two-Year Bar Not Avoided by “John Doe” Pleading: No Rule 15 Relation-Back Without a “Mistake,” and Investment Managers Must Plead Their Own Trading Losses for Article III Standing Case: LJM...

Sham Declarations Cannot Manufacture Summary-Judgment Disputes; No Per Se Eighth Amendment Violation from a Cell Lacking an In-Cell Toilet/Sink When Reasonable Mitigation Exists

Date: Jan 16, 2026

Sham Declarations Cannot Manufacture Summary-Judgment Disputes; No Per Se Eighth Amendment Violation from a Cell Lacking an In-Cell Toilet/Sink When Reasonable Mitigation Exists I. Introduction In...

Smith v. Pugh: Caution Against “Received-By” Deadlines for Prisoner Filings and the Centrality of Medical Causation in Ramadan-Meal RLUIPA/Eighth Amendment Claims

Date: Jan 16, 2026

Smith v. Pugh: Caution Against “Received-By” Deadlines for Prisoner Filings and the Centrality of Medical Causation in Ramadan-Meal RLUIPA/Eighth Amendment Claims Court: U.S. Court of Appeals for the...

CEA Two-Year Limitations, No Rule 15 “Mistake” for John Doe Defendants, and Strict Pleading of Investment-Manager Standing in VIX Manipulation Claims

Date: Jan 16, 2026

CEA Two-Year Limitations, No Rule 15 “Mistake” for John Doe Defendants, and Strict Pleading of Investment-Manager Standing in VIX Manipulation Claims Introduction Case: Two Roads Shared Trust v....

Acquiescence to a Restitution Credit at Sentencing Waives Appellate Challenge (and the Defendant Bears the Burden to Prove Offsets)

Date: Jan 16, 2026

Acquiescence to a Restitution Credit at Sentencing Waives Appellate Challenge (and the Defendant Bears the Burden to Prove Offsets) 1. Introduction Case: United States v. Sean Grusd (7th Cir. Jan....

Seventh Circuit Reinforces Waiver and Presumed Reasonableness in Anders Sentencing Appeals After Defendant Accepts the Guidelines Range

Date: Jan 15, 2026

Seventh Circuit Reinforces Waiver and Presumed Reasonableness in Anders Sentencing Appeals After Defendant Accepts the Guidelines Range Case: United States v. Anthony M. Taylor (No. 25-2218) Court:...

Seventh Circuit: § 1981 Complaints Must Plead Non-Speculative Race Causation; Weak Comparator Allegations Cannot Supply Plausibility

Date: Jan 14, 2026

Seventh Circuit: § 1981 Complaints Must Plead Non-Speculative Race Causation; Weak Comparator Allegations Cannot Supply Plausibility Case: Yubo Miao v. United Airlines, Inc. (No. 25-1649) Court:...

Recklessness Is the Mens Rea for 18 U.S.C. § 875(c) in the Seventh Circuit (Post-Counterman)

Date: Jan 14, 2026

Recklessness Is the Mens Rea for 18 U.S.C. § 875(c) in the Seventh Circuit (Post-Counterman) I. Introduction United States v. Farhan Sheikh (7th Cir. Jan. 13, 2026) addresses the constitutionality...

Generalized “Dear Colleague” Pressure Plus Process Errors, Without Case-Specific Evidence, Does Not Show Title IX Sex Bias

Date: Jan 14, 2026

Generalized “Dear Colleague” Pressure Plus Process Errors, Without Case-Specific Evidence, Does Not Show Title IX Sex Bias Case: Matthew Metzler v. Loyola University Chicago Court: United States...

Functional Software Descriptions Are Not “Concrete Secrets” Under the DTSA; Late-Stage “Other Proprietary Information” Theories May Be Excluded

Date: Jan 14, 2026

Functional Software Descriptions Are Not “Concrete Secrets” Under the DTSA; Late-Stage “Other Proprietary Information” Theories May Be Excluded Introduction NEXT Payment Solutions, Inc. v. CLEAResult...

Defective Notice-to-Appear Time/Date Omissions Are Forfeitable Claim-Processing Errors; Hardship Denials Reviewed Under Clear-and-Unmistakable-Error Framework

Date: Jan 14, 2026

Defective Notice-to-Appear Time/Date Omissions Are Forfeitable Claim-Processing Errors; Hardship Denials Reviewed Under Clear-and-Unmistakable-Error Framework Introduction In Francisco...

§ 1983 Limits: No Fifth Amendment Due Process Claim Against State Actors; Absolute Immunity for Prosecutors Reviewing Warrant Affidavits

Date: Jan 14, 2026

§ 1983 Limits: No Fifth Amendment Due Process Claim Against State Actors; Absolute Immunity for Prosecutors Reviewing Warrant Affidavits 1. Introduction Dale Economan v. James Luttrull (Seventh...

Vacated-Precedent Reliance Is Not Remandable Error When the BIA Affirms on Independent, Dispositive Grounds and the Petitioner Waives Merits

Date: Jan 14, 2026

Vacated-Precedent Reliance Is Not Remandable Error When the BIA Affirms on Independent, Dispositive Grounds and the Petitioner Waives Merits I. Introduction In Brenda Organiz-Perez De Lorenzo v....