7th Circuit Case Commentaries

Strict Standards for Fiduciary Duty Under 11 U.S.C. §523(a)(4): A Commentary on In re Jay Berman

Date: Jan 22, 2011

Strict Standards for Fiduciary Duty Under 11 U.S.C. §523(a)(4): A Commentary on In re Jay Berman Introduction The case of In re Jay BERMAN, Debtor. Follett Higher Education Group, Inc. (629 F.3d 761)...

Ownership and Beneficiary Determination in Life Insurance: Protective Life Insurance Co. v. Hansen

Date: Jan 20, 2011

Ownership and Beneficiary Determination in Life Insurance: Protective Life Insurance Company v. Megan Hansen Introduction Protective Life Insurance Company v. Megan Hansen is a pivotal case...

Enhanced Scrutiny in Social Security Disability Claims: Insights from Martinez, Rider, and Pound v. Astrue

Date: Jan 20, 2011

Enhanced Scrutiny in Social Security Disability Claims: Insights from Martinez, Rider, and Pound v. Astrue Introduction The consolidated cases of Martinez v. Astrue, Rider v. Astrue, and Pound v....

Seventh Circuit Establishes Compatibility of FLSA Collective Actions with Rule 23(b)(3) Class Actions

Date: Jan 19, 2011

Seventh Circuit Establishes Compatibility of FLSA Collective Actions with Rule 23(b)(3) Class Actions Introduction The case of Deneene D. Ervin, et al. v. OS Restaurant Services, Inc. addresses the...

Retaliation Claims Under Title VII: Insights from Christine Leitgen v. Franciscan Skemp Healthcare

Date: Jan 14, 2011

Retaliation Claims Under Title VII: Insights from Christine Leitgen v. Franciscan Skemp Healthcare Introduction The case of Christine Leitgen v. Franciscan Skemp Healthcare, decided by the United...

Affirmation of Remand Without Judicial Award in Social Security Disability Cases

Date: Jan 14, 2011

Affirmation of Remand Without Judicial Award in Social Security Disability Cases Introduction Gary Allord v. Michael J. Astrue, Commissioner of Social Security is a pivotal case adjudicated by the...

Affirmation of Statute of Limitations and Evidentiary Standards in ECOA Race Discrimination Claims: DAVIS v. WELLS FARGO BANK

Date: Jan 13, 2011

Affirmation of Statute of Limitations and Evidentiary Standards in ECOA Race Discrimination Claims: DAVIS v. WELLS FARGO BANK Introduction In the case of Estate of Dorothy DAVIS v. WELLS FARGO BANK...

Absolute Immunity for Quasi-Judicial Officials in Property Tax Assessments: Heyde v. Pittenger et al.

Date: Jan 12, 2011

Absolute Immunity for Quasi-Judicial Officials in Property Tax Assessments: Heyde v. Pittenger et al. Introduction The case of Raymond R.S. Heyde, Plaintiff-Appellant v. Gary Pittenger, et al.,...

Seventh Circuit Clarifies 'Qualified Written Request' Standards Under RESPA in Catalan v. GMAC Mortgage Corp.

Date: Jan 11, 2011

Seventh Circuit Clarifies 'Qualified Written Request' Standards Under RESPA in Catalan v. GMAC Mortgage Corp. Introduction In the landmark case Saul H. Catalan and Mia Morris v. GMAC Mortgage Corp.,...

Omnicare Inc. v. UnitedHealth Group: Affirmation of Summary Judgment in Alleged Buyers' Cartel Case under Sherman Act

Date: Jan 11, 2011

Omnicare Inc. v. UnitedHealth Group: Affirmation of Summary Judgment in Alleged Buyers' Cartel Case under Sherman Act Introduction Omnicare, Inc., the largest institutional pharmacy in the United...

Affirmation of AVERY v. STATE FARM: Establishing Proof Requirements in Insurance Contract Breaches

Date: Jan 11, 2011

Affirmation of AVERY v. STATE FARM: Establishing Proof Requirements in Insurance Contract Breaches Introduction The case of Ste v. n GREENBERGER, indi (631 F.3d 392) adjudicated by the United States...

Affirmation of Employer's Right to Enforce Substance Abuse Policies Without FMLA or ADA Violation: Ames v. Home Depot

Date: Jan 7, 2011

Affirmation of Employer's Right to Enforce Substance Abuse Policies Without FMLA or ADA Violation: Ames v. Home Depot Introduction The case of Diane Ames v. Home Depot U.S.A., Incorporated (629 F.3d...

Reaffirming Pleading Standards in Unreasonable Seizure Claims: Ray v. City of Chicago

Date: Jan 6, 2011

Reaffirming Pleading Standards in Unreasonable Seizure Claims: Ray v. City of Chicago Introduction In the case of Nona Ray v. City of Chicago and Chicago Police Officer Malinowski #7028, the United...

EEOC v. AutoZone: Expanding the Interpretation of Disability under the ADA

Date: Dec 31, 2010

EEOC v. AutoZone: Expanding the Interpretation of Disability under the ADA Introduction The case Equal Employment Opportunity Commission (EEOC) v. AutoZone, Inc., decided by the United States Court...

Clarifying the Twombly Standard in Antitrust Price Fixing: In re Text Messaging Antitrust Litigation

Date: Dec 30, 2010

Clarifying the Twombly Standard in Antitrust Price Fixing: In re Text Messaging Antitrust Litigation Introduction The case In re Text Messaging Antitrust Litigation (630 F.3d 622) addresses...

Selective Enforcement and Equal Protection: Insights from LaBella Winnetka, Inc. v. Village of Winnetka

Date: Dec 30, 2010

Selective Enforcement and Equal Protection: Insights from LaBella Winnetka, Inc. v. Village of Winnetka Introduction In LaBella Winnetka, Inc. v. Village of Winnetka and Douglas Williams (628 F.3d...

Federal Preemption in Class III Medical Device Liability: Analysis of BAUSCH v. STRYKER CORPORATION

Date: Dec 24, 2010

Federal Preemption in Class III Medical Device Liability: Analysis of BAUSCH v. STRYKER CORPORATION Introduction The case of Margaret J. Bausch, Plaintiff-Appellant versus Stryker Corporation, et...

Correct Application of the Treating Source Rule in SSA Disability Claims: The Seventh Circuit's Decision in Phillips v. Astrue

Date: Dec 24, 2010

Correct Application of the Treating Source Rule in SSA Disability Claims: The Seventh Circuit's Decision in Phillips v. Astrue Introduction Phillips v. Astrue is a pivotal case in the realm of Social...

Debarment Without Due Process: No Property Interest for Section 8 Landlords in Khan v. Bland

Date: Dec 24, 2010

Debarment Without Due Process: No Property Interest for Section 8 Landlords in Khan v. Bland Introduction In the case of Latif Khan v. Edward Bland, Housing Authority of Champaign County, et al.,...

Limits on Monell Liability Without Underlying Constitutional Violations: Sallenger v. City of Springfield

Date: Dec 18, 2010

Limits on Monell Liability Without Underlying Constitutional Violations: Sallenger v. City of Springfield Introduction In Mary Sallenger v. City of Springfield, 630 F.3d 499 (7th Cir. 2010), the...