7th Circuit Case Commentaries

Expanded Interpretation of "Means of Identification" and "Another Person" under 18 U.S.C. §1028A in Spears v. United States

Date: Sep 7, 2013

Expanded Interpretation of "Means of Identification" and "Another Person" under 18 U.S.C. §1028A in Spears v. United States Introduction In the case of United States of America v. Christopher L....

7th Circuit Reverses Summary Judgment in False Claims Act Suit, Enhancing Flexibility in Expert Witness Requirements

Date: Aug 29, 2013

7th Circuit Reverses Summary Judgment in False Claims Act Suit, Enhancing Flexibility in Expert Witness Requirements Introduction The appellate case of United States of America and State of Wisconsin...

Shaw v. Wilson: Establishing the Right to Challenge Substantive Amendment of Charges

Date: Aug 29, 2013

Shaw v. Wilson: Establishing the Right to Challenge Substantive Amendment of Charges Introduction In Shaw v. Wilson, Troy R. Shaw, the petitioner-appellant, faced a pivotal legal battle that...

Probable Cause Affirmed and Limitations on Civil Claims under 42 U.S.C. § 1983: Insights from Bridewell v. Ke

Date: Aug 28, 2013

Probable Cause Affirmed and Limitations on Civil Claims under 42 U.S.C. § 1983: Insights from Bridewell v. Ke Introduction Bridewell v. Ke, 730 F.3d 672 (7th Cir. 2013), is a pivotal case adjudicated...

The Seventh Circuit Establishes Clear Timing Standard for Case Removal Under CAFA

Date: Aug 24, 2013

The Seventh Circuit Establishes Clear Timing Standard for Case Removal Under CAFA Introduction In the landmark case of Hubert E. Walker v. Trailer Transit, Inc. (727 F.3d 819), the United States...

Reinforcing Predominance in Class Action Certification: Butler v. Sears Post Comcast Decision

Date: Aug 23, 2013

Reinforcing Predominance in Class Action Certification: Butler v. Sears Post Comcast Decision Introduction Butler v. Sears, Roebuck & Co. (727 F.3d 796, 7th Cir. 2013) is a pivotal appellate decision...

Insurance Policy Coverage Extended to Common Law Negligence Claims Under "Employers' Liability Laws": TKK USA, Inc. v. Safety National Casualty Corp.

Date: Aug 22, 2013

Insurance Policy Coverage Extended to Common Law Negligence Claims Under "Employers' Liability Laws": TKK USA, Inc. v. Safety National Casualty Corp. Introduction The case of TKK USA, Inc., formerly...

Affirmation of Summary Judgment and Sanctions in COONEY v. CASADY Establishes Strict Standards for §1983 Conspiracy Claims

Date: Aug 20, 2013

Affirmation of Summary Judgment and Sanctions in COONEY v. CASADY Establishes Strict Standards for §1983 Conspiracy Claims Introduction The case of Deborah O. Cooney v. Rhonda Casady et al.,...

Affirming Atheism as a Protected Belief: Kaufman v. Pugh Establishes Precedent for Religious Rights in Correctional Institutions

Date: Aug 17, 2013

Affirming Atheism as a Protected Belief: Kaufman v. Pugh Establishes Precedent for Religious Rights in Correctional Institutions Introduction James J. Kaufman, an inmate at Stanley Correctional...

Mandatory Consideration of Assistive Devices in Disability Determinations: Thomas v. Colvin

Date: Aug 14, 2013

Mandatory Consideration of Assistive Devices in Disability Determinations: Thomas v. Colvin Introduction The case of Pamela Thomas v. Carolyn W. Colvin (534 F. App'x 546) is a significant appellate...

Hurlow v. United States: Effective Assistance of Counsel Claims Overriding §2255 Waiver

Date: Aug 10, 2013

Hurlow v. United States: Effective Assistance of Counsel Claims Overriding §2255 Waiver Introduction In the case of Thomas H. Hurlow v. United States, 726 F.3d 958 (7th Cir. 2013), the United States...

Protection of Accountants from Third-Party Liability Reinforced in Bank of America v. Knight

Date: Aug 9, 2013

Protection of Accountants from Third-Party Liability Reinforced in Bank of America v. Knight Introduction Case: Bank of America, N.A., Plaintiff–Appellant, v. James A. Knight, et al.,...

Integrated Interpretation of Venue and Service-of-Process under Section 12 of the Clayton Act

Date: Aug 3, 2013

Integrated Interpretation of Venue and Service-of-Process under Section 12 of the Clayton Act Introduction The case of KM Enterprises, Inc. v. Global Traffic Technologies, Inc. (725 F.3d 718)...

Improper Attack on Counsel's Motives Violates Fair Trial Standards: Stollings v. Ryobi Technologies

Date: Aug 3, 2013

Improper Attack on Counsel's Motives Violates Fair Trial Standards: Stollings v. Ryobi Technologies Introduction In the case of Brandon Stollings v. Ryobi Technologies, Inc. and One World...

Affirmation of Rational Basis in Class-of-One Equal Protection Claim: D.B. v. Kopp et al.

Date: Aug 3, 2013

Affirmation of Rational Basis in Class-of-One Equal Protection Claim: D.B. v. Kopp et al. Introduction In the case of D.B., by his next friend Kurtis B., Jennifer B., and Kurtis B.,...

Affirmation of Summary Judgment in Title VII Race Discrimination Claim: Emphasis on Burden-Shifting and Insufficient Evidence

Date: Aug 2, 2013

Affirmation of Summary Judgment in Title VII Race Discrimination Claim: Emphasis on Burden-Shifting and Insufficient Evidence Introduction In the case of Marcus Morgan v. SVT, LLC and Strack & Van...

Strict Recusal Standards for Federal Habeas Judges with Prior State Involvement

Date: Aug 2, 2013

Strict Recusal Standards for Federal Habeas Judges with Prior State Involvement Introduction The case of Anthony Weddington v. Dushan Zatecky serves as a pivotal moment in the landscape of federal...

Clarifying Deliberate Indifference in Correctional Medical Care: McGEE v. Adams

Date: Aug 2, 2013

Clarifying Deliberate Indifference in Correctional Medical Care: McGEE v. Adams Introduction Juan McGEE v. Carol L. Adams, et al., 721 F.3d 474 (7th Cir. 2013), is a significant appellate decision...

Bernstein v. Bankert: Reinterpreting CERCLA Cost Recovery and Contribution Claims

Date: Aug 1, 2013

Bernstein v. Bankert: Reinterpreting CERCLA Cost Recovery and Contribution Claims Introduction Bernstein v. Bankert is a pivotal case adjudicated by the United States Court of Appeals for the Seventh...

Equitable Tolling Standards in Habeas Corpus Petitions: Taylor v. Michael

Date: Jul 31, 2013

Equitable Tolling Standards in Habeas Corpus Petitions: Taylor v. Michael Introduction Mark F. Taylor was arrested on August 5, 2000, by the Grant Park Police in Illinois following allegations of...