7th Circuit Case Commentaries

Enforcement of Arbitration Clauses in Franchise Agreements: Faulkenberg v. CB Tax Franchise Systems

Date: Mar 30, 2011

Enforcement of Arbitration Clauses in Franchise Agreements: Faulkenberg v. CB Tax Franchise Systems 1. Introduction The appellate case Faulkenberg, LeMaster, and JF Marketing, LLC v. CB Tax Franchise...

Extension of the Paycheck Accrual Rule to Equal Protection Claims: Ke v. Groesch, Shaffer, and Allin

Date: Mar 29, 2011

Extension of the Paycheck Accrual Rule to Equal Protection Claims: Ke v. Groesch, Shaffer, and Allin Introduction Ke v. Groesch, Shaffer, and Allin is a landmark case adjudicated by the United States...

Fraudulent Omissions and Misstatements: Affirming Discharge Denial under 11 U.S.C. § 727(a)(4) in Stamat v. Neary

Date: Mar 25, 2011

Fraudulent Omissions and Misstatements: Affirming Discharge Denial under 11 U.S.C. § 727(a)(4) in Stamat v. Neary Introduction The case of Nicholas Stamat and Penny Stamat v. William T. Neary...

Reversing Proximate Cause in RICO Mail Fraud: BCS Services, Inc. v. Heartwood 88, LLC

Date: Mar 25, 2011

Reversing Proximate Cause in RICO Mail Fraud: BCS Services, Inc. v. Heartwood 88, LLC Introduction In BCS Services, Inc., et al. v. Heartwood 88, LLC, et al. (637 F.3d 750), the United States Court...

7th Circuit Clarifies Joinder Rules in Title VII Discrimination Cases; Highlights Consequences of Improper Severance and Attorney Negligence

Date: Mar 23, 2011

7th Circuit Clarifies Joinder Rules in Title VII Discrimination Cases; Highlights Consequences of Improper Severance and Attorney Negligence Introduction In the case of Reason Lee, James Washington,...

Affirmation of Summary Judgment in ADA Disability Discrimination Case: Defining 'Qualified Individual with a Disability'

Date: Mar 23, 2011

Affirmation of Summary Judgment in ADA Disability Discrimination Case: Defining 'Qualified Individual with a Disability' Introduction The case of Teresa Kotwica v. Rose Packing Company, Inc. centers...

Silverman v. Board of Education of Chicago: Upholding Summary Judgment in Pregnancy Discrimination and Retaliation under Title VII

Date: Mar 22, 2011

Silverman v. Board of Education of Chicago: Upholding Summary Judgment in Pregnancy Discrimination and Retaliation under Title VII Introduction Amy Silverman, a probationary special education teacher...

Seventh Circuit Sets Higher Bar for Class Certification under TCPA: Adequacy of Class Representatives and Consent Defenses

Date: Mar 19, 2011

Seventh Circuit Sets Higher Bar for Class Certification under TCPA: Adequacy of Class Representatives and Consent Defenses Introduction The case of CE Design Limited v. King Architectural Metals,...

Reinforcing Proper Joinder and Procedural Compliance in §1983 Prison Litigation: Owens v. Hinsley

Date: Mar 19, 2011

Reinforcing Proper Joinder and Procedural Compliance in §1983 Prison Litigation: Owens v. Hinsley Introduction James Owens, an Illinois inmate, initiated a lawsuit against multiple prison officials...

FDCPA Does Not Extend to Misleading Communications to Judges: Analysis of O'Rourke v. Palisades Acquisition XVI, LLC

Date: Mar 18, 2011

FDCPA Does Not Extend to Misleading Communications to Judges: Analysis of O'Rourke v. Palisades Acquisition XVI, LLC Introduction In Michael O'Rourke, individ. v. Palisades Acquisition XVI, LLC, the...

Outlaw v. Astrue: Establishing Standards for Evaluating Residual Functional Capacity in Disability Claims

Date: Mar 17, 2011

Outlaw v. Astrue: Establishing Standards for Evaluating Residual Functional Capacity in Disability Claims Introduction Case: Joseph C. Outlaw, Plaintiff-Appellant, vs. Michael J. Astrue, Commissioner...

Seventh Circuit Upholds Qualified Immunity in Child Custody Case: Siliven v. Indiana DCS

Date: Mar 17, 2011

Seventh Circuit Upholds Qualified Immunity in Child Custody Case: Siliven v. Indiana DCS Introduction In the landmark case of Mark Siliven, et al. v. Indiana Department of Child Services, et al. (635...

Relevant Conduct in Sentencing: Consideration of Uncharged State Offenses under U.S. Sentencing Guidelines

Date: Mar 16, 2011

Relevant Conduct in Sentencing: Consideration of Uncharged State Offenses under U.S. Sentencing Guidelines Introduction The case of United States of America v. Christopher Jones, 635 F.3d 909 (7th...

Relation Back Doctrine Enhanced: Joseph v. Elan Motorsports Technologies Racing Corp.

Date: Mar 15, 2011

Relation Back Doctrine Enhanced: Joseph v. Elan Motorsports Technologies Racing Corp. Introduction In Rex M. Joseph, Jr. v. Elan Motorsports Technologies Racing Corp., 638 F.3d 555 (7th Cir. 2011),...

State-Action Doctrine Affirmed for Municipal Exclusive Waste Disposal Contracts in Illinois

Date: Mar 15, 2011

State-Action Doctrine Affirmed for Municipal Exclusive Waste Disposal Contracts in Illinois Introduction In the case of Active Disposal, Inc., et al. v. City of Darien, et al., adjudicated by the...

Affirmation of Dischargeability in Fraud Claims: Insights from In re Gerald W. Davis, Jr.

Date: Mar 15, 2011

Affirmation of Dischargeability in Fraud Claims: Insights from In re Gerald W. Davis, Jr. Introduction The case of In re Gerald W. Davis, Jr., Debtor. Linda Reeves v. Gerald W. Davis, Jr. (638 F.3d...

Seventh Circuit Establishes Non-Retroactive Application of the Fair Sentencing Act of 2010

Date: Mar 12, 2011

Seventh Circuit Establishes Non-Retroactive Application of the Fair Sentencing Act of 2010 Introduction The case of United States of America v. Anthony Fisher and Edward Dorsey, Sr. addressed the...

Qualified Immunity Upheld in Familial Association Case

Date: Mar 4, 2011

Qualified Immunity Upheld in Familial Association Case Introduction The case of Dana Ault v. Leslie Speicher, adjudicated by the United States Court of Appeals for the Seventh Circuit in 2011,...

Affirmation of Arson and Fraud Conviction in United States v. Lathrop: A New Precedent on Effective Counsel and Prosecutorial Conduct

Date: Mar 3, 2011

Affirmation of Arson and Fraud Conviction in United States v. Lathrop: A New Precedent on Effective Counsel and Prosecutorial Conduct Introduction United States v. Phillip C. Lathrop, 634 F.3d 931...

Enforcing U.S. Employment Discrimination Laws Through Choice-of-Law Provisions in International Contracts: Rabé v. United Airlines

Date: Mar 1, 2011

Enforcing U.S. Employment Discrimination Laws Through Choice-of-Law Provisions in International Contracts: Rabé v. United Airlines Introduction The case of Laurence H. Rabé v. United Airlines, Inc....