7th Circuit Case Commentaries

Clarifying Procedural Barriers and Qualified Privilege in Employment Discrimination and Defamation: Jones v. Res-Care

Date: Jul 17, 2010

Clarifying Procedural Barriers and Qualified Privilege in Employment Discrimination and Defamation: Jones v. Res-Care Introduction Jones v. Res-Care, Inc. and Shane McFall, 613 F.3d 665 (7th Cir....

Seventh Circuit Upholds State Causation Standard for Retaliatory Discharge under Illinois Law, Rejecting McDonnell Douglas Applicability

Date: Jul 16, 2010

Seventh Circuit Upholds State Causation Standard for Retaliatory Discharge under Illinois Law, Rejecting McDonnell Douglas Applicability Introduction The case of John Gacek v. American Airlines, Inc....

Protecting Claimants’ Subjective Testimony in Disability Evaluations: Insights from Goble v. Astrue

Date: Jul 15, 2010

Protecting Claimants’ Subjective Testimony in Disability Evaluations: Insights from Goble v. Astrue Introduction The case of Annette Goble v. Michael J. Astrue, Commissioner of Social Security (385...

Affirmation of §922(g)(9): Upholding Firearm Restrictions for Domestic Violence Misdemeanants in Skoien

Date: Jul 14, 2010

Affirmation of §922(g)(9): Upholding Firearm Restrictions for Domestic Violence Misdemeanants in Skoien Introduction The case of United States of America v. Skoien (614 F.3d 638) presents a...

Affirmation of Denial in Habeas Petition Due to Failure to Exhaust Claims: Byers v. Basinger

Date: Jul 10, 2010

Affirmation of Denial in Habeas Petition Due to Failure to Exhaust Claims: Byers v. Basinger Introduction Case: Freddie L. Byers, Jr., Petitioner-Appellant, v. James Basinger, Superintendent of the...

Affirmation of Insurer's Duty to Defend Under CGL Policy in Santa's Best Craft v. St. Paul Fire and Marine Insurance

Date: Jul 2, 2010

Affirmation of Insurer's Duty to Defend Under CGL Policy in Santa's Best Craft v. St. Paul Fire and Marine Insurance Introduction Santa's Best Craft, LLC; Santa's Best; and H.S. Craft Manufacturing...

Dean Health Plan v. Kenseth: Reinforcing Fiduciary Duties and Clarifying Plan Document Standards under ERISA

Date: Jun 29, 2010

Dean Health Plan v. Kenseth: Reinforcing Fiduciary Duties and Clarifying Plan Document Standards under ERISA Introduction Deborah A. Kenseth, an employee of Highsmith, Inc., brought a lawsuit against...

Reaffirming the Limits of Free Speech: Solicitation of Violence and First Amendment Protections in White v. United States

Date: Jun 29, 2010

Reaffirming the Limits of Free Speech: Solicitation of Violence and First Amendment Protections in United States v. White Introduction United States of America v. William White, 610 F.3d 956 (7th...

Affirming Title VII Protections: Employer Liability for Retaliatory Termination in the Face of Third-Party Harassment

Date: Jun 26, 2010

Affirming Title VII Protections: Employer Liability for Retaliatory Termination in the Face of Third-Party Harassment Introduction The case of Danielle L. Pickett v. Sheridan Health Care Center,...

Muscarello v. Ogle County: Upholding Procedural Barriers in Regulatory Takings Challenges

Date: Jun 25, 2010

Muscarello v. Ogle County: Upholding Procedural Barriers in Regulatory Takings Challenges Introduction In Patricia A. Muscarello v. Ogle County Board of Commissioners, 610 F.3d 416 (7th Cir. 2010),...

Affirming Standards for Ineffective Assistance of Counsel in Federal Habeas Corpus Petitions

Date: Jun 24, 2010

Affirming Standards for Ineffective Assistance of Counsel in Federal Habeas Corpus Petitions Introduction The case of John Ebert v. Donald Gaetz, Warden is a significant appellate decision rendered...

Statute of Limitations and RICO Suit Dismissal: An Analysis of Hayden Foundation v. First Neighbor Bank

Date: Jun 23, 2010

Statute of Limitations and RICO Suit Dismissal: An Analysis of Hayden Foundation v. First Neighbor Bank Introduction The case Jay E. Hayden Foundation, et al. v. First Neighbor Bank, N.A., et al....

Seventh Circuit Clarifies Declaratory Judgment Action Procedures in Insurance Litigation

Date: Jun 22, 2010

Seventh Circuit Clarifies Declaratory Judgment Action Procedures in Insurance Litigation Introduction The case of Medical Assurance Company, Inc. v. Amy Hellman et al., adjudicated by the United...

Seventeenth Amendment Interpretation Reinforces Mandatory Issuance of Writs of Election: A Comprehensive Analysis of Judge and Kindler v. Quinn and Burris

Date: Jun 17, 2010

Seventeenth Amendment Interpretation Reinforces Mandatory Issuance of Writs of Election: A Comprehensive Analysis of Judge and Kindler v. Quinn and Burris Introduction In the landmark case of Gerald...

Timeliness of Criminal Appeals and the Role of Motions to Reconsider in United States v. Rollins

Date: Jun 10, 2010

Timeliness of Criminal Appeals and the Role of Motions to Reconsider in United States v. Rollins Introduction United States v. James E. Rollins, Sr., 607 F.3d 500 (7th Cir. 2010), is a pivotal case...

Statute of Limitations Reset in Civil Forfeiture: Connors v. United States

Date: Jun 10, 2010

Statute of Limitations Reset in Civil Forfeiture: Connors v. United States Introduction The case of United States of America v. 5443 Suffield Terrace, Skokie, Illinois, Defendant Richard S. Connors...

Affirming FCC’s EBR Defense and Jurisdictional Boundaries in TCPA Enforcement: CE Design v. Prism Business Media

Date: May 28, 2010

Affirming FCC’s EBR Defense and Jurisdictional Boundaries in TCPA Enforcement: CE Design v. Prism Business Media Introduction The case of CE Design, Limited v. Prism Business Media, Inc. (606 F.3d...

Reversing 'Hopelessly Heterogeneous' Dismissal: Right to Proceed Individually Affirmed in Alvarez v. City of Chicago

Date: May 22, 2010

Reversing 'Hopelessly Heterogeneous' Dismissal: Right to Proceed Individually Affirmed in Alvarez v. City of Chicago Introduction In Deborah A. Alvarez, et al. v. City of Chicago, et al. (605 F.3d...

Probable Cause Must Reflect Officer’s Knowledge at Time of Stop: Seventh Circuit Reverses Summary Judgment in Carmichael v. Village of Palatine

Date: May 22, 2010

Probable Cause Must Reflect Officer’s Knowledge at Time of Stop: Seventh Circuit Reverses Summary Judgment in Carmichael v. Village of Palatine Introduction In the appellate decision of Abraham...

Seventh Circuit Affirms Class Action Certification in Consumer Fraud Litigation: Pella Corporation v. Saltzman

Date: May 21, 2010

Seventh Circuit Affirms Class Action Certification in Consumer Fraud Litigation: Pella Corporation v. Saltzman Introduction In the landmark case of Pella Corporation and Pella Windows and Doors, Inc....