7th Circuit Case Commentaries

Supplemental Jurisdiction Retained in Bankruptcy-Related State Law Claims

Date: Apr 13, 2010

Supplemental Jurisdiction Retained in Bankruptcy-Related State Law Claims Introduction The case of In re Repository Technologies, Inc. addresses critical issues pertaining to jurisdiction in the...

Retroactive Crack-Cocaine Sentencing Amendments: Insights from UNITED STATES v. Dewayne Hall and Calvin Key

Date: Apr 10, 2010

Retroactive Crack-Cocaine Sentencing Amendments: Insights from UNITED STATES v. Dewayne Hall and Calvin Key Introduction In the landmark case of UNITED STATES of America v. Dewayne Hall and Calvin...

Establishing Specific Personal Jurisdiction in Internet-Based Tort Claims: Tamburo v. Ste

Date: Apr 9, 2010

Establishing Specific Personal Jurisdiction in Internet-Based Tort Claims: Tamburo v. Ste Introduction In Tamburo v. Ste, 601 F.3d 693 (7th Cir. 2010), the United States Court of Appeals for the...

Mandated Daubert Analysis Prior to Class Certification under Federal Rule of Civil Procedure 23(f)

Date: Apr 8, 2010

Mandated Daubert Analysis Prior to Class Certification under Federal Rule of Civil Procedure 23(f) Introduction The case of American Honda Motor Company, Inc., et al. v. Richard Allen, et al.,...

Affirmation of Summary Judgment in Gratzl v. Office of Chief Judges: ADA Compliance and Essential Job Functions

Date: Apr 8, 2010

Affirmation of Summary Judgment in Gratzl v. Office of Chief Judges: ADA Compliance and Essential Job Functions Introduction Gratzl v. Office of the Chief Judges of the 12th, 18th, 19th, and 22nd...

Reining in Police Misconduct: Seventh Circuit’s Ruling on False Arrest, Malicious Prosecution, and IIED in Ke v. Fox

Date: Apr 8, 2010

Reining in Police Misconduct: Seventh Circuit’s Ruling on False Arrest, Malicious Prosecution, and IIED in Ke v. Fox Introduction The case Ke v. Fox et al. (600 F.3d 819, 7th Circuit, 2010) delves...

Procedural Due Process in Administrative Hearings: Analysis of E v. L. Leavell

Date: Apr 7, 2010

Procedural Due Process in Administrative Hearings: Analysis of E v. L. Leavell Introduction Evat L. Leavell, individually and as Administratrix and heir of the Estate of Daniel Leavell, deceased,...

Clarifying Qualified Immunity in Use of Tear Gas and Flash Bang Devices: Estate of Rudy Escobedo v. Martin Bender

Date: Apr 6, 2010

Clarifying Qualified Immunity in Use of Tear Gas and Flash Bang Devices: Estate of Rudy Escobedo v. Martin Bender Introduction The case Estate of Rudy Escobedo v. Martin Bender, decided by the United...

FMLA Leave Does Not Toll Employment Benefit Accrual Under No-Fault Attendance Policies: Bailey v. Pregis Innovative Packaging

Date: Apr 3, 2010

FMLA Leave Does Not Toll Employment Benefit Accrual Under No-Fault Attendance Policies: Bailey v. Pregis Innovative Packaging Introduction In the seminal case of Michelle L. Bailey v. Pregis...

Private Parties' Misapplication of Statutory Exemptions Does Not Constitute State Action under §1983: Seventh Circuit's Landmark Decision

Date: Apr 2, 2010

Private Parties' Misapplication of Statutory Exemptions Does Not Constitute State Action under §1983: Seventh Circuit's Landmark Decision Introduction The case of Carolyn London, et al. v. RBS...

Rejection of Public Concern Test in Prisoner Free Speech Retaliation Claims: Watkins v. Kasper

Date: Apr 1, 2010

Rejection of Public Concern Test in Prisoner Free Speech Retaliation Claims: Watkins v. Kasper Introduction Charles Watkins, an inmate at Indiana's Miami Correctional Facility (MCF), initiated a...

Attorney-Client Privilege Reinforced in School District Investigation: South Berwyn School District v. Sidley Austin LLP

Date: Mar 31, 2010

Attorney-Client Privilege Reinforced in School District Investigation: South Berwyn School District v. Sidley Austin LLP Introduction The case of Sandra T.E., et al. v. South Berwyn School District...

Recruitment of Pro Bono Counsel in §1983 Prisoner Litigation: Analysis of Santiago v. Walls

Date: Mar 30, 2010

Recruitment of Pro Bono Counsel in §1983 Prisoner Litigation: Analysis of Santiago v. Walls Introduction Fabian Santiago v. Jonathan Walls, et al., 599 F.3d 749 (7th Cir. 2010), presents a...

Constructive Termination in Franchise Relationships: Insights from AL'S SERVICE CENTER v. BP PRODUCTS NORTH AMERICA

Date: Mar 27, 2010

Constructive Termination in Franchise Relationships: Insights from AL'S SERVICE CENTER v. BP PRODUCTS NORTH AMERICA Introduction The case of AL'S SERVICE CENTER, et al., Plaintiffs-Appellants, v. BP...

Fraudulent Inducement of Forbearance Constitutes Extension or Renewal of Credit under 11 U.S.C. § 523(a)(2)(A): Analysis of Ojeda v. Goldberg

Date: Mar 26, 2010

Fraudulent Inducement of Forbearance Constitutes Extension or Renewal of Credit under 11 U.S.C. § 523(a)(2)(A): Analysis of Ojeda v. Goldberg Introduction In the landmark case Ernest J. Ojeda and...

Defining "Consumer Products" under the Magnuson-Moss Warranty Act: Insights from Miller v. Herman

Date: Mar 26, 2010

Defining "Consumer Products" under the Magnuson-Moss Warranty Act: Insights from Miller v. Herman Introduction The case of John P. Miller v. James G. Herman et al., adjudicated by the United States...

Affirming the Outside Salesperson and Combination Exemptions Under the Fair Labor Standards Act

Date: Mar 23, 2010

Affirming the Outside Salesperson and Combination Exemptions Under the Fair Labor Standards Act Introduction Case Title: Tammy Schmidt, Plaintiff-Appellant, v. Eagle Waste Recycling, Inc.,...

Affirmation of Civil Commitment Standards for Sexually Violent Persons in Wisconsin

Date: Mar 20, 2010

Affirmation of Civil Commitment Standards for Sexually Violent Persons in Wisconsin Introduction The case of Bruce N. Brown v. Steve Watters, decided on March 19, 2010, by the United States Court of...

Affirmation of Summary Judgment in Fourth Amendment False Arrest Claims by School Principal

Date: Mar 20, 2010

Affirmation of Summary Judgment in Fourth Amendment False Arrest Claims by School Principal Introduction In the case of Carnelita Stokes and Nyokia Stokes v. Board of Education of the City of...

Affirmation of Effective Counsel in Ineffective Assistance Claims Related to Extraneous Statements

Date: Mar 18, 2010

Affirmation of Effective Counsel in Ineffective Assistance Claims Related to Extraneous Statements Introduction In the case of Terry C. Brown v. Alan Finnan, adjudicated by the United States Court of...