7th Circuit Case Commentaries

Clarifying Irreparable Harm in Franchisor-Franchisee Disputes: Stuller v. Steak N Shake

Date: Aug 25, 2012

Clarifying Irreparable Harm in Franchisor-Franchisee Disputes: Stuller v. Steak N Shake Introduction The case of Stuller, Inc. v. Steak N Shake Enterprises, Inc. revolves around a longstanding...

Limitation of General Personal Jurisdiction in Historical Foreign Claims: Abelesz v. OTP Bank

Date: Aug 23, 2012

Limitation of General Personal Jurisdiction in Historical Foreign Claims: Abelesz v. OTP Bank Introduction In Erno Kalman Abelesz et al. v. OTP Bank, 692 F.3d 638 (7th Cir. 2012), a group of...

Seventh Circuit Affirms Constraints on §2241 Habeas Relief in Sentencing Enhancement Challenges

Date: Aug 22, 2012

Seventh Circuit Affirms Constraints on §2241 Habeas Relief in Sentencing Enhancement Challenges Introduction The case of Michael Hill v. Robert Werlinger, Warden delves into the intricacies of...

Defining 'Violent Felony' under the Armed Career Criminal Act: Insights from Brown v. Rios

Date: Aug 21, 2012

Defining 'Violent Felony' under the Armed Career Criminal Act: Insights from Brown v. Rios Introduction Carnell Brown, the petitioner-appellant, was convicted in 2000 for being a felon in possession...

7th Circuit Establishes ADEA Does Not Exclusively Preclude §1983 Equal Protection Claims in Age Discrimination

Date: Aug 18, 2012

7th Circuit Establishes ADEA Does Not Exclusively Preclude §1983 Equal Protection Claims in Age Discrimination Introduction In the case of Harvey N. Levin v. Lisa Madigan et al., decided on August...

Contract Formation and the Duty to Negotiate in Good Faith: Insights from Citadel Group Ltd. v. Washington Regional Medical Center

Date: Aug 16, 2012

Contract Formation and the Duty to Negotiate in Good Faith: Insights from Citadel Group Ltd. v. Washington Regional Medical Center Introduction The legal landscape governing contract formation and...

Milligan v. SIU: Evaluating Employer Responsibility and Retaliation in Student Worker Harassment Cases under Title VII and IX

Date: Aug 16, 2012

Milligan v. SIU: Evaluating Employer Responsibility and Retaliation in Student Worker Harassment Cases under Title VII and IX Introduction Milligan v. Board of Trustees of Southern Illinois...

Retaliatory Termination and the False Claims Act: Insights from Halasa v. ITT Educational Services

Date: Aug 15, 2012

Retaliatory Termination and the False Claims Act: Insights from Halasa v. ITT Educational Services Introduction The case of Jason Halasa versus ITT Educational Services, Inc. (690 F.3d 844)...

Municipal Liability under Monell: Analysis of Teesdale v. City of Chicago

Date: Aug 11, 2012

Municipal Liability under Monell: Analysis of Teesdale v. City of Chicago Introduction The case of Frank Teesdale et al. v. City of Chicago (690 F.3d 829, 7th Cir. 2012) presents a significant...

Nicholson v. Pulte Homes: Strengthening FMLA Notice Requirements

Date: Aug 10, 2012

Nicholson v. Pulte Homes: Strengthening FMLA Notice Requirements Introduction In Donna Nicholson v. Pulte Homes Corporation and Chris Naatz, the United States Court of Appeals for the Seventh Circuit...

Enhanced Scrutiny on Employer's Termination Decisions Under FMLA Protections: PAGEL v. TIN INC.

Date: Aug 10, 2012

Enhanced Scrutiny on Employer's Termination Decisions Under FMLA Protections: PAGEL v. TIN INC. Introduction In PAGEL v. TIN INC., the United States Court of Appeals for the Seventh Circuit addressed...

Affirmation of Strict Criteria for Vacating Default Judgments in Securities Fraud Cases

Date: Aug 9, 2012

Affirmation of Strict Criteria for Vacating Default Judgments in Securities Fraud Cases Introduction In the case of William R. Wehrs, Jr. v. Kevin Wells (688 F.3d 886, Seventh Circuit, 2012), the...

Affirmation of Qualified Immunity for Prosecutors in Due Process Claims: Alexander v. McKinney

Date: Aug 9, 2012

Affirmation of Qualified Immunity for Prosecutors in Due Process Claims: Alexander v. McKinney Introduction In Alexander v. McKinney, the United States Court of Appeals for the Seventh Circuit...

Reversing Summary Judgment: Emphasizing Multiple Negligence Theories in Workplace Injury Cases

Date: Aug 8, 2012

Reversing Summary Judgment: Emphasizing Multiple Negligence Theories in Workplace Injury Cases Introduction In the landmark decision of Christopher Sojka, Jr. v. Bovis Lend Lease, Inc. (686 F.3d 394,...

Ineffective Assistance of Counsel in Federal Habeas Corpus: 7th Circuit's Decision in Mosley v. Atchison

Date: Aug 7, 2012

Ineffective Assistance of Counsel in Federal Habeas Corpus: 7th Circuit's Decision in Mosley v. Atchison Introduction In the case of Christopher Mosley v. Mike Atchison, Warden, decided by the United...

Denied Authorization for Successive Collateral Attack in Hare v. United States

Date: Aug 7, 2012

Denied Authorization for Successive Collateral Attack in Hare v. United States Introduction The case of Wayne M. Hare v. United States of America (688 F.3d 878) adjudicated by the United States Court...

Miranda Rights and Waiver: Affirmation of Coleman's Conviction in 7th Circuit

Date: Aug 4, 2012

Miranda Rights and Waiver: Affirmation of Coleman's Conviction in 7th Circuit 1. Introduction The case of Lawrence Coleman v. Marcus Hardy (690 F.3d 811) presents a pivotal examination of the...

Enhancing Protections under FDCPA: Misleading Threats of Attorney Fees – Lox v. CDA, 7th Cir. 2012

Date: Aug 3, 2012

Enhancing Protections under FDCPA: Misleading Threats of Attorney Fees – Lox v. CDA, 7th Cir. 2012 Introduction Jeffrey Lox, a resident of Glasford, Illinois, engaged in a legal dispute with...

Affirmation of Lack of Mutual Assent in Contract Formation: Winforge v. Coachmen Industries

Date: Jul 31, 2012

Affirmation of Lack of Mutual Assent in Contract Formation: Winforge v. Coachmen Industries Introduction The case of Winforge, Inc. et al. v. Coachmen Industries, Inc. et al. (691 F.3d 856)...

Limits on Claim Aggregation for Diversity Jurisdiction in Class Actions: Insights from Travelers Property Casualty v. Ross Good

Date: Jul 28, 2012

Limits on Claim Aggregation for Diversity Jurisdiction in Class Actions: Insights from Travelers Property Casualty v. Ross Good Introduction Travelers Property Casualty and Travelers Indemnity...