7th Circuit Case Commentaries

Comprehensive Assessment of Residual Functional Capacity Required in Disability Claims: Arnett v. Astrue

Date: Apr 3, 2012

Comprehensive Assessment of Residual Functional Capacity Required in Disability Claims: Arnett v. Astrue Introduction Laenise Arnett v. Michael J. Astrue, decided by the United States Court of...

Six-Day Delay in Warrant Acquisition Does Not Render Seizure Unreasonable Under the Fourth Amendment

Date: Apr 3, 2012

Six-Day Delay in Warrant Acquisition Does Not Render Seizure Unreasonable Under the Fourth Amendment Introduction In United States v. Burgard, 675 F.3d 1029 (7th Cir. 2012), the United States Court...

7th Circuit Recognizes 'Class-of-One' Equal Protection Claims Without Comparable Individuals in Harassment Cases

Date: Mar 29, 2012

7th Circuit Recognizes 'Class-of-One' Equal Protection Claims Without Comparable Individuals in Harassment Cases Introduction The case of Mark Geinosky v. City of Chicago (675 F.3d 743, 7th Cir....

Affirmation of Qualified Immunity in False Arrest Claims: The Fleming v. Livingston County Case

Date: Mar 29, 2012

Affirmation of Qualified Immunity in False Arrest Claims: The Fleming v. Livingston County Case Introduction The case of Roger Fleming v. Livingston County, Illinois, adjudicated by the United States...

7th Circuit Affirms Denial of Class Certification in Title VII Discrimination Case: Implications for Disparate Impact Claims

Date: Mar 28, 2012

7th Circuit Affirms Denial of Class Certification in Title VII Discrimination Case: Implications for Disparate Impact Claims Introduction The case of Katherine Puffer et al. v. Allstate Insurance...

Establishing Probable Cause Standards in Section 1983 Claims: Matthews & Gillespie v. City of East St. Louis

Date: Mar 28, 2012

Establishing Probable Cause Standards in Section 1983 Claims: Matthews & Gillespie v. City of East St. Louis Introduction In the case of Anthony Matthews and Robert Gillespie versus City of East St....

Enhanced Credibility Standards in Social Security Disability Appeals: Shaunger v. Astrue

Date: Mar 23, 2012

Enhanced Credibility Standards in Social Security Disability Appeals: Shaunger v. Astrue Introduction The case of Virgil M. Shaunger v. Michael J. Astrue, Commissioner of Social Security (675 F.3d...

FedEx Freight, Inc. v. Gordon: Affirming Legitimate Grounds in Retaliatory Termination Claims Under the Illinois Workers' Compensation Act

Date: Mar 23, 2012

FedEx Freight, Inc. v. Gordon: Affirming Legitimate Grounds in Retaliatory Termination Claims Under the Illinois Workers' Compensation Act Introduction In the case of Marion Gordon v. FedEx Freight,...

Wachovia Securities v. Banco Panamericano: Key Precedents in Veil Piercing and Fraudulent Transfers

Date: Mar 22, 2012

Wachovia Securities v. Banco Panamericano: Key Precedents in Veil Piercing and Fraudulent Transfers Introduction The case Wachovia Securities, LLC v. Banco Panamericano, Inc., et al. (674 F.3d 743)...

Preclusion of Federal Retaliation Claims by State Court's Just Cause Discharge Ruling: Thomas Abner v. IDOT

Date: Mar 22, 2012

Preclusion of Federal Retaliation Claims by State Court's Just Cause Discharge Ruling: Thomas Abner v. Illinois Department of Transportation Introduction The case of Thomas Abner v. Illinois...

Deliberate Indifference and Inmate Rights: Insights from Estate of Rice v. Correctional Medical Services

Date: Mar 21, 2012

Deliberate Indifference and Inmate Rights: Insights from Estate of Rice v. Correctional Medical Services Introduction The case Estate of Nicholas D. Rice, deceased v. Correctional Medical Services...

Hess v. Kanoski & Associates: Employee Compensation Rights Post-Termination

Date: Mar 20, 2012

Hess v. Kanoski & Associates: Employee Compensation Rights Post-Termination 1. Introduction The case of Lawrence J. Hess and Vickie C. Warren v. Kanoski & Associates revolves around a dispute over...

Flynn Hanners v. Larry Trent: Affirmation of Summary Judgment in Race Discrimination Claim

Date: Mar 20, 2012

Flynn Hanners v. Larry Trent: Affirmation of Summary Judgment in Race Discrimination Claim Introduction In the case of Flynn Hanners v. Larry Trent, et al., adjudicated by the United States Court of...

No Constitutional Right for Public Members to Access School Grounds: Hannemann v. Southern Door County School District

Date: Mar 16, 2012

No Constitutional Right for Public Members to Access School Grounds: Hannemann v. Southern Door County School District Introduction Derek Hannemann filed a § 1983 lawsuit against the Southern Door...

Easing Procedural Barriers for Pro Se Incarcerated Applicants under Rule 22.2: In re Childeric Maxy

Date: Mar 16, 2012

Easing Procedural Barriers for Pro Se Incarcerated Applicants under Rule 22.2: In re Childeric Maxy Introduction In the case of In re Childeric Maxy, 674 F.3d 658 (7th Cir. 2012), the United States...

Limits on Admissibility of Prior Drug Convictions under Rule 404(b): United States v. Shariff Miller

Date: Mar 13, 2012

Limits on Admissibility of Prior Drug Convictions under Rule 404(b): United States v. Shariff Miller Introduction In the case of United States of America v. Shariff Miller, decided by the United...

Establishing the High Threshold for Reverse Race Discrimination Claims: An Analysis of Good v. University of Chicago Medical Center

Date: Mar 13, 2012

Establishing the High Threshold for Reverse Race Discrimination Claims: An Analysis of Good v. University of Chicago Medical Center Introduction The case of Barbara J. Good v. University of Chicago...

Reaffirming Judicial Deference to Prison Policies on Controlled Publications: Munson v. Gaetz

Date: Mar 10, 2012

Reaffirming Judicial Deference to Prison Policies on Controlled Publications: Munson v. Gaetz Introduction The case of James Munson v. Donald Gaetz, Warden, et al., adjudicated by the United States...

7th Circuit Clarifies SLUSA Materiality and Affirms CAFA Jurisdiction in Morgan Stanley v. Appert

Date: Mar 9, 2012

7th Circuit Clarifies SLUSA Materiality and Affirms CAFA Jurisdiction in Morgan Stanley v. Appert Introduction The case of Susan Appert v. Morgan Stanley Dean Witter, Inc. (673 F.3d 609) adjudicated...

7th Circuit Establishes Non-Preemption of State-Law Remedies in HAMP Mortgage Modification Disputes

Date: Mar 8, 2012

7th Circuit Establishes Non-Preemption of State-Law Remedies in HAMP Mortgage Modification Disputes Introduction In the landmark case Lori Wigod v. Wells Fargo Bank, N.A., the United States Court of...