7th Circuit Case Commentaries

Seventh Circuit Denies Class Certification for Product Liability Suits Based on Consumer Refunds Availability

Date: Aug 18, 2011

Seventh Circuit Denies Class Certification for Product Liability Suits Based on Consumer Refunds Availability Introduction In In the Matter of AQUA DOTS Products Liability Litigation, appellants...

Application of the Heck Preclusion Rule in Prisoner Excessive Force Claims: Moore v. Mahone

Date: Aug 12, 2011

Application of the Heck Preclusion Rule in Prisoner Excessive Force Claims: Moore v. Mahone Introduction In Sammy J. Moore v. Sylvia Mahone, 652 F.3d 722 (7th Cir. 2011), the United States Court of...

Expansion of Obstruction of Justice under 18 U.S.C. § 1512(c)(1): Insight from United States v. Johnson and Lamb

Date: Aug 12, 2011

Expansion of Obstruction of Justice under 18 U.S.C. § 1512(c)(1): Insight from United States v. Johnson and Lamb Introduction The case of United States v. Scott Johnson and Lisa Lamb, decided by the...

Significant Precedent on Vocational Expert Testimony in Disability Determinations: Weatherbee v. Astrue

Date: Aug 11, 2011

Significant Precedent on Vocational Expert Testimony in Disability Determinations: Weatherbee v. Astrue Introduction Gregory K. Weatherbee, an employee of a heating and cooling company, sought Social...

Seventh Circuit Upholds Bruton Exception and Sophisticated Means Enhancement in Mortgage Fraud Case

Date: Aug 10, 2011

Seventh Circuit Upholds Bruton Exception and Sophisticated Means Enhancement in Mortgage Fraud Case Introduction In the case of United States of America v. James Green, Joseph Miller, and Alonzo...

Discrimination in Employment Practices: Diaz and Peña v. Kraft Foods Global, Inc.

Date: Aug 9, 2011

Discrimination in Employment Practices: Diaz and Peña v. Kraft Foods Global, Inc. Introduction The case of Jose Diaz, Ramon Peña, and Alberto Robles, Plaintiffs–Appellants v. Kraft Foods Global,...

Reevaluating Attorney Fees Under the Equal Access to Justice Act: Insights from MATHEWS-SHEETS v. ASTRUE

Date: Aug 6, 2011

Reevaluating Attorney Fees Under the Equal Access to Justice Act: Insights from MATHEWS-SHEETS v. ASTRUE Introduction The case of Jayne A. Mathews-Sheets v. Michael J. Astrue, Commissioner of Social...

Waiver of Sovereign Immunity in Trademark Disputes: Insights from Board of Regents v. Phoenix International Software

Date: Aug 6, 2011

Waiver of Sovereign Immunity in Trademark Disputes: Insights from Board of Regents v. Phoenix International Software Introduction The case Board of Regents of the University of Wisconsin System v....

Seventh Circuit Affirms Unconstitutionality of Wisconsin’s Inmate Sex Change Prevention Act (Act 105)

Date: Aug 6, 2011

Seventh Circuit Affirms Unconstitutionality of Wisconsin’s Inmate Sex Change Prevention Act (Act 105) Introduction The case of Andrea Fields, et al. v. Judy P. Smith, et al. (653 F.3d 550) revolves...

Strict Compliance with Federal Disclosure Requirements and Limitations on Oral Contracts: Insights from Dynegy Marketing and Trade v. Multiut Corporation

Date: Aug 5, 2011

Strict Compliance with Federal Disclosure Requirements and Limitations on Oral Contracts: Insights from Dynegy Marketing and Trade v. Multiut Corporation Introduction The legal landscape governing...

Affirmation of Strickland Standards in Ineffective Assistance Claims under §2255: YU TIAN LI v. UNITED STATES

Date: Aug 5, 2011

Affirmation of Strickland Standards in Ineffective Assistance Claims under §2255: YU TIAN LI v. UNITED STATES Introduction In the landmark case of YU TIAN LI v. UNITED STATES, 648 F.3d 524 (7th Cir....

Strict Adherence to Summary Judgment Procedures in Employment Discrimination: Yancick v. Hanna Steel Corporation

Date: Aug 4, 2011

Strict Adherence to Summary Judgment Procedures in Employment Discrimination: Yancick v. Hanna Steel Corporation Introduction In the case Matthew Yancick v. Hanna Steel Corporation, adjudicated by...

Establishing the Weight of Treating Physician's Testimony in Disability Claims: Scott v. Astrue

Date: Aug 2, 2011

Establishing the Weight of Treating Physician's Testimony in Disability Claims: Scott v. Astrue Introduction Shirley Scott v. Michael J. Astrue is a pivotal case adjudicated by the United States...

Functional Trade Dress and Utility Patents: Insights from Georgia-Pacific v. Kimberly-Clark

Date: Jul 29, 2011

Functional Trade Dress and Utility Patents: Insights from Georgia-Pacific v. Kimberly-Clark Introduction In the landmark case Georgia-Pacific Consumer Products LP v. Kimberly-Clark Corporation (647...

Application of Res Judicata and Collateral Estoppel in Bankruptcy-Related Fraud Actions: Matrix IV, Inc. v. ANB and Gateway Park

Date: Jul 29, 2011

Application of Res Judicata and Collateral Estoppel in Bankruptcy-Related Fraud Actions: Matrix IV, Inc. v. ANB and Gateway Park Introduction The case of Matrix IV, Incorporated v. American National...

Clarifying Jurisdictional Boundaries under the Class Action Fairness Act: Morrison v. YTB International

Date: Jul 28, 2011

Clarifying Jurisdictional Boundaries under the Class Action Fairness Act: Morrison v. YTB International Introduction The case of Morrison v. YTB International, Inc., 649 F.3d 533 (7th Cir. 2011),...

Affirmation of Summary Judgment in Yannacopoulos v. General Dynamics: Implications for False Claims Act Enforcement

Date: Jul 27, 2011

Affirmation of Summary Judgment in Yannacopoulos v. General Dynamics: Implications for False Claims Act Enforcement Introduction The case United States of America ex rel. Dimitri Yannacopoulos v....

Federal Preemption Under ICCTA: State Condemnation for Perpetual Easement Over Railroad Right-of-Way Affirmed

Date: Jul 26, 2011

Federal Preemption Under ICCTA: State Condemnation for Perpetual Easement Over Railroad Right-of-Way Affirmed Introduction In the case of Union Pacific Railroad Company v. Chicago Transit Authority...

Clarifying Seizure Timing and Career Offender Status: United States v. Griffin

Date: Jul 23, 2011

Clarifying Seizure Timing and Career Offender Status: United States v. Griffin Introduction United States of America v. Jadrion Griffin is a notable decision by the United States Court of Appeals for...

Strict Compliance with Local Rules in Employment Discrimination Cases: Insights from Benuzzi v. Chicago Board of Education

Date: Jul 22, 2011

Strict Compliance with Local Rules in Employment Discrimination Cases: Insights from Benuzzi v. Chicago Board of Education Introduction Benuzzi v. Board of Education of the City of Chicago, 647 F.3d...