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Waiver-by-Acquiescence at Sentencing and the Near-Irrebuttable Presumption for Below-Guidelines Terms: United States v. Petre (7th Cir. 2025) Court: United States Court of Appeals for the Seventh...
Sham Affidavits, Video Overrides, and Strict Wisconsin Notice-of-Claim: Seventh Circuit’s Nonprecedential Affirmance in Alvarado v. Ithier Introduction In Ramon Alvarado, Jr. v. Julio Ithier and...
United States v. Luciano: Seventh Circuit Reaffirms Boundaries of Anders Review and Common Trial/Sentencing Claims in a Nonprecedential Disposition Introduction This commentary examines the Seventh...
Seventh Circuit Reaffirms Reliability-Over-Suggestiveness for Single-Photo Identifications, Proper Venue in Conspiracy Cases, and Presumptive Reasonableness of Below-Guidelines Sentences in an Anders...
Refusal Is Not a Shield: Seventh Circuit Confirms That “Reasonably Calculated” Notice, Including Alternative Delivery and Judicial Notice of Associated Addresses, Satisfies OSHA Service for Summary...
Confidential Oversight Is Not “Public Disclosure,” and Undersheriffs Receive Absolute Immunity for On‑Duty Statements Case: Patrick Jones Jr. v. Lake County Sheriff’s Office & Lawrence Oliver Court:...
Harmless Error Permits Reliance on a Dismissed Co‑Defendant’s Expert Disclosure Seventh Circuit Affirms Summary Judgment Where Opponent Had Notice and Opportunity to Respond Introduction In a...
Systemwide Conditions Are Not “Adverse Employment Actions” Absent Individualized Harm After Muldrow Commentary on Bowman v. City of Chicago Board of Education (7th Cir. Sept. 29, 2025) Introduction...
Reasonable Misperception of a Drawn Gun Supports Qualified Immunity Even with Inconclusive Bodycam Footage Introduction This commentary analyzes the Seventh Circuit’s decision in Earnise Pam v. City...
No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses Case: NHC LLC v. Centaur Construction Company Inc., et al. Court: United...
No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments Introduction In Otis R. Elion v. United States, No. 24-3014 (7th...
No Federal Do‑Over: Postconviction Counsel’s Inaction Bars § 2254 Evidentiary Development; State “Missing‑Evidence” Inference Not Cognizable Under § 2254(d)(1) Introduction This Seventh Circuit...
Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill Introduction United States v. John P. Seiwert is the...
AMP Means Price Realized: Seventh Circuit Holds Wholesaler Clawbacks Must Be Included and Are Not Bona Fide Service Fees under the Medicaid Drug Rebate Program Introduction In a sweeping False Claims...
“Price Realized Means Price Paid”: Seventh Circuit Requires AMP to Include Clawbacks and Clarifies FCA Falsity, Scienter, and Materiality Case: United States, et al., ex rel. Ronald J. Streck v. Eli...
“AMP Means the Price Actually Realized”: Seventh Circuit Requires Inclusion of Wholesaler Clawbacks and Clarifies Objective Falsity Under the FCA Introduction In United States, et al., ex rel. Ronald...
AMP Means the Price Realized: Post‑Sale “Clawbacks” Must Be Included and Are Not Bona Fide Service Fees United States ex rel. Streck v. Eli Lilly and Company (7th Cir. Sept. 11, 2025) Introduction...
AMP Must Include Price-Value Clawbacks: The Seventh Circuit’s plain-meaning rule for Medicaid rebate reporting and the limits of “reasonable assumptions” under the FCA Introduction In United States,...
“AMP Means the Price Actually Realized”: Seventh Circuit Rejects Bona Fide Service Fee Treatment of Price-Increase Clawbacks and Affirms FCA Liability Introduction In United States, et al., ex rel....