7th Circuit Case Commentaries

Enhanced Standards for Credibility and RFC Analysis in Social Security Disability Appeals

Date: Feb 12, 2009

Enhanced Standards for Credibility and Residual Functioning Capacity (RFC) Analysis in Social Security Disability Appeals Introduction The case Debi Villano v. Michael J. Astrue, Commissioner of...

Overwhelming Evidence and the Prejudice Prong in Ineffective Assistance of Counsel Claims: Allen v. Chandler

Date: Feb 12, 2009

Overwhelming Evidence and the Prejudice Prong in Ineffective Assistance of Counsel Claims: Allen v. Chandler Introduction Darryl Allen v. Nedra Chandler, 555 F.3d 596 (7th Cir. 2009), presents a...

Individual Liability for Deliberate Indifference Under Section 1983: A Detailed Analysis of Salinas v. Burks

Date: Feb 11, 2009

Individual Liability for Deliberate Indifference Under Section 1983: A Detailed Analysis of Salinas v. Burks 1. Introduction The case of Wallace Burks v. Rick Raemisch et al., decided by the United...

Establishing Political Retaliation: Insights from Maria Zerante v. DeLuca and Proft

Date: Feb 10, 2009

Establishing Political Retaliation: Insights from Maria Zerante v. DeLuca and Proft Introduction In the case of Maria Zerante v. Anthony DeLuca and Daniel Proft, decided by the United States Court of...

Moss v. Astrue: Upholding the Substantial Evidence Standard in Disability Claims

Date: Feb 6, 2009

Moss v. Astrue: Upholding the Substantial Evidence Standard in Disability Claims Introduction Moss v. Astrue is a significant appellate decision by the United States Court of Appeals for the Seventh...

Account Stated Doctrine Affirmed in Delta Consulting Group v. R. Randle Construction

Date: Feb 6, 2009

Account Stated Doctrine Affirmed in Delta Consulting Group v. R. Randle Construction Introduction The case of Delta Consulting Group, Inc. v. R. Randle Construction, Inc., adjudicated by the United...

No Authority to Reduce Sentences Beyond Retroactive Guidelines Amendments: Analysis of United States v. Cunningham and Thomas

Date: Feb 5, 2009

No Authority to Reduce Sentences Beyond Retroactive Guidelines Amendments: Analysis of United States v. Cunningham and Thomas Introduction The case of United States v. Derek Cunningham and Norman...

Affirmation of Summary Judgment in Nagle v. Village of Calumet Park: No Prima Facie Case of Discrimination or Retaliation

Date: Feb 5, 2009

Affirmation of Summary Judgment in Nagle v. Village of Calumet Park: No Prima Facie Case of Discrimination or Retaliation Introduction The case of William Nagle v. Village of Calumet Park (554 F.3d...

Collateral Estoppel and Fifth Amendment Claims in Federal Civil Suits: The Best v. City of Portland Decision

Date: Feb 4, 2009

Collateral Estoppel and Fifth Amendment Claims in Federal Civil Suits: The Best v. City of Portland Decision Introduction The case of Larry D. Best, Jr. v. City of Portland addresses critical issues...

Strict Scrutiny on Blanket Privilege Claims in Discovery: Cunningham v. Smithkline Beecham

Date: Feb 4, 2009

Strict Scrutiny on Blanket Privilege Claims in Discovery: Cunningham v. Smithkline Beecham Introduction The case of Cunningham v. Smithkline Beecham (255 F.R.D. 474) adjudicated in the United States...

Sanctions for Discovery Abuse: Collins v. State of Illinois

Date: Feb 3, 2009

Sanctions for Discovery Abuse: Collins v. State of Illinois Introduction Collins v. State of Illinois, 554 F.3d 693 (7th Cir. 2009), is a pivotal case addressing the enforcement of discovery...

Ensuring Comprehensive Record Development for Pro Se Social Security Disability Claimants: Nelms v. Astrue

Date: Jan 29, 2009

Ensuring Comprehensive Record Development for Pro Se Social Security Disability Claimants: Nelms v. Astrue Introduction Nelms v. Astrue, 553 F.3d 1093 (7th Cir. 2009), is a pivotal case addressing...

Defining Employment Status: Insights from Estate of Anthony J. Suskovich v. Anthem Health Plans

Date: Jan 23, 2009

Defining Employment Status: Insights from Estate of Anthony J. Suskovich v. Anthem Health Plans Introduction The case of Estate of Anthony J. Suskovich v. Anthem Health Plans of Virginia, Inc. serves...

Seventh Circuit Upholds Denials of § 3582(c)(2) Motions: Mandatory Minimums and Career Offender Provisions Restrict Sentence Reductions

Date: Jan 23, 2009

Seventh Circuit Upholds Denials of § 3582(c)(2) Motions: Mandatory Minimums and Career Offender Provisions Restrict Sentence Reductions Introduction The United States Court of Appeals for the Seventh...

Affirmation of Summary Judgment in Camp v. TNT Logistics: Implications for Negligence and FMCSR in Logistics Operations

Date: Jan 15, 2009

Affirmation of Summary Judgment in Camp v. TNT Logistics Corporation: Implications for Negligence and FMCSR in Logistics Operations Introduction In the case of Lola Camp v. TNT Logistics Corporation...

Sturgeon v. Chandler: Affirming AEDPA Standards for Competency and Procedural Default in Habeas Corpus Petitions

Date: Jan 14, 2009

Sturgeon v. Chandler: Affirming AEDPA Standards for Competency and Procedural Default in Habeas Corpus Petitions Introduction Gregory Sturgeon, the petitioner-appellant, pled guilty to aggravated...

Affirmation of Summary Judgment in Lloyd v. Swifty Transportation: Reinforcing ADA Protections and Procedural Safeguards

Date: Jan 10, 2009

Affirmation of Summary Judgment in Lloyd v. Swifty Transportation: Reinforcing ADA Protections and Procedural Safeguards Introduction Gerald D. Lloyd v. Swifty Transportation, Inc. (552 F.3d 594) is...

Enhanced Rights Restoration Under 11 U.S.C. § 349(b) in Chapter 12 Dismissals

Date: Jan 9, 2009

Enhanced Rights Restoration Under 11 U.S.C. § 349(b) in Chapter 12 Dismissals Introduction In the case of In re Walter George Wiese and Carla Kay Wiese, Debtors-Appellees, v. Appeal of Community Bank...

Doss v. Clearwater Title Co.: Reversing Dismissal of TILA Claims

Date: Dec 25, 2008

Doss v. Clearwater Title Co.: Reversing Dismissal of TILA Claims Introduction The case Charles Doss, Plaintiff-Appellant, v. Clearwater Title Co., et al., Defendants, adjudicated by the United States...

Clarifying Title IX Liability and Supplemental Jurisdiction: Comprehensive Analysis of Hansen v. Hamilton Southeastern School Corp

Date: Dec 24, 2008

Clarifying Title IX Liability and Supplemental Jurisdiction: Comprehensive Analysis of Hansen v. Hamilton Southeastern School Corp Introduction Hansen v. Hamilton Southeastern School Corporation is a...