7th Circuit Case Commentaries

Proper Consideration of Post-Hearing Evidence in Disability Claims: McClesky v. Astrue

Date: May 19, 2010

Proper Consideration of Post-Hearing Evidence in Disability Claims: McClesky v. Astrue Introduction In the case of Denise L. McClesky v. Michael J. Astrue, Commissioner of Social Security, the United...

Garcetti Precedent Confirmed: Internal Memorandums by Public Employees Not Protected Under First Amendment

Date: May 19, 2010

Garcetti Precedent Confirmed: Internal Memorandums by Public Employees Not Protected Under First Amendment Introduction The case of Paul K. Ogden v. James Atterholt, Carol J. Mihalik, and the Indiana...

Preserving FMLA Retaliation and Interference Claims Against Summary Judgment: Insights from Goelzer v. Sheboygan County

Date: May 13, 2010

Preserving FMLA Retaliation and Interference Claims Against Summary Judgment: Insights from Goelzer v. Sheboygan County Introduction The case of Dorothy E. Goelzer v. Sheboygan County, Wisconsin and...

Clarifying Judicial Economy: The Wilton/Brillhart Abstention Doctrine in Envision Healthcare v. PreferredOne

Date: May 13, 2010

Clarifying Judicial Economy: The Wilton/Brillhart Abstention Doctrine in Envision Healthcare v. PreferredOne A Comprehensive Commentary on 604 F.3d 983, Seventh Circuit, 2010 Introduction The...

Defining 'Holding a Position' and First Amendment Protections for Firefighters: Insights from Kodish v. Oakbrook Terrace Fire Protection District

Date: May 11, 2010

'Holding a Position' as a Property Right and Union Speech Protections: Kodish v. Oakbrook Terrace Fire Protection District Introduction In the case of Brian Kodish v. Oakbrook Terrace Fire Protection...

Diana Everroad v. Scott Truck Systems: Affirmation of Anti-Discrimination Protections and Standards for Summary Judgment

Date: May 11, 2010

Diana Everroad v. Scott Truck Systems: Affirmation of Anti-Discrimination Protections and Standards for Summary Judgment Introduction The case of Diana Everroad v. Scott Truck Systems, Inc. revolves...

Municipal Liability Under § 1983: Analyzing Wragg v. Village of Thornton

Date: May 8, 2010

Municipal Liability Under § 1983: Analyzing Wragg v. Village of Thornton Introduction Wragg v. Village of Thornton, 604 F.3d 464 (7th Cir. 2010), represents a pivotal case in the realm of municipal...

Deliberate Indifference in Prison Medical Care: Berry v. Peterman et al.

Date: May 6, 2010

Deliberate Indifference in Prison Medical Care: Berry v. Peterman et al. Introduction Berry v. Peterman et al. is a landmark case adjudicated by the United States Court of Appeals for the Seventh...

Welch v. United States: Affirming Aggravated Fleeing and Juvenile Adjudications as Violent Felonies Under ACCA

Date: May 5, 2010

Welch v. United States: Affirming Aggravated Fleeing and Juvenile Adjudications as Violent Felonies Under ACCA Introduction Welch v. United States is a pivotal case decided by the United States Court...

Goudy v. Basinger: Clarifying the Brady Materiality Standard

Date: May 4, 2010

Goudy v. Basinger: Clarifying the Brady Materiality Standard Introduction Goudy v. Basinger, 604 F.3d 394 (7th Cir. 2010), addresses critical issues surrounding the prosecution's duty to disclose...

Deliberate Indifference in Correctional Settings: Marlita Thomas v. Cook County Sheriff's Department

Date: May 4, 2010

Deliberate Indifference in Correctional Settings: Marlita Thomas v. Cook County Sheriff's Department Introduction Marlita Thomas v. Cook County Sheriff's Department (604 F.3d 293) is a pivotal case...

Affirmation of Insurer's Non-Defense Duty in Wrongful Prosecution Claims

Date: Apr 29, 2010

Affirmation of Insurer's Non-Defense Duty in Wrongful Prosecution Claims Introduction The case of NATIONAL CASUALTY COMPANY, et al. v. Michael M. McFATRIDGE, et al. addresses the critical issue of...

Affirmation of Disability Benefits Denial in Schaaf v. Astrue: A Comprehensive Analysis

Date: Apr 27, 2010

Affirmation of Disability Benefits Denial in Schaaf v. Astrue: A Comprehensive Analysis Introduction In the case of Sean T. Schaaf v. Michael J. Astrue, cited as 602 F.3d 869, the United States Court...

Empowering Advocacy: EX PARTE YOUNG and Access to Mental Health Records Under the PAIMI Act

Date: Apr 23, 2010

Empowering Advocacy: EX PARTE YOUNG and Access to Mental Health Records Under the PAIMI Act Introduction In the landmark case of Indiana Protection and Advocacy Services v. Indiana Family and Social...

Swearnigen-El v. Cook County Sheriff's Department: Reinforcing Standards for Constructive Discharge and Proving Discrimination Claims

Date: Apr 23, 2010

Swearnigen-El v. Cook County Sheriff's Department: Reinforcing Standards for Constructive Discharge and Proving Discrimination Claims Introduction In the case of Kenneth Swearnigen-El v. Cook County...

Establishing the Burden of Discrimination: Egonmwan v. Cook County Sheriff's Department

Date: Apr 23, 2010

Establishing the Burden of Discrimination: Egonmwan v. Cook County Sheriff's Department Introduction Iyare Egonmwan, an African-American male correctional officer, filed a lawsuit against the Cook...

Limitations on Monetary Relief under Rule 41(g): Norwood v. United States

Date: Apr 21, 2010

Limitations on Monetary Relief under Rule 41(g): Norwood v. United States Introduction In United States of America v. Larry W. Norwood, 602 F.3d 830 (7th Cir. 2010), the United States Court of...

Comprehensive Residual Functional Capacity Determinations: Insights from Suide v. Astrue

Date: Apr 17, 2010

Comprehensive Residual Functional Capacity Determinations: Insights from Suide v. Astrue Introduction Barbara Suide v. Michael J. Astrue, Commissioner of Social Security is a pivotal case adjudicated...

Affirmation of Sentencing Discretion in Child Pornography Cases: United States v. Pape

Date: Apr 16, 2010

Affirmation of Sentencing Discretion in Child Pornography Cases: United States v. Pape Introduction The case of United States v. Jason Pape (601 F.3d 743) presents a significant examination of...

Proper Application of Special Technique for Mental Impairments in Disability Claims: Richards v. Astrue

Date: Apr 14, 2010

Proper Application of Special Technique for Mental Impairments in Disability Claims: Richards v. Astrue 1. Introduction Jennifer Richards v. Michael J. Astrue, Commissioner of Social Security is a...