7th Circuit Case Commentaries

Enhancing Due Process: Toliver v. McCaughtry and the Reinforcement of Counsel's Duty

Date: Aug 28, 2008

Enhancing Due Process: Toliver v. McCaughtry and the Reinforcement of Counsel's Duty Introduction The case of Stephen Toliver v. Gary R. McCaughtry, Warden, 539 F.3d 766 (7th Cir. 2008), represents a...

Limitations on Title VII Retaliation Claims: Insights from Argyroplous v. City of Alton

Date: Aug 27, 2008

Limitations on Title VII Retaliation Claims: Insights from Argyropoulos v. City of Alton Introduction Argyropoulos v. City of Alton, 539 F.3d 724 (7th Cir. 2008), is a pivotal case that examines the...

Field Preemption of State Overtime Laws by Federal Railway Labor Act: Analysis of Wisconsin Central, Ltd. v. Shannon and McDonald

Date: Aug 27, 2008

Field Preemption of State Overtime Laws by Federal Railway Labor Act: Analysis of Wisconsin Central, Ltd. v. Shannon and McDonald Introduction The case of Wisconsin Central, Ltd. v. Catherine Shannon...

Enhanced Scrutiny on Mental Impairments in Disability Claims: Craft v. Astrue

Date: Aug 23, 2008

Enhanced Scrutiny on Mental Impairments in Disability Claims: Craft v. Astrue Introduction The case of Roger A. Craft v. Michael J. Astrue, Commissioner of Social Security (539 F.3d 668) presents a...

Establishing Probable Cause for Maintaining a Common Nuisance: Wheeler v. Lawson, 539 F.3d 629 (7th Cir. 2008)

Date: Aug 22, 2008

Establishing Probable Cause for Maintaining a Common Nuisance: Wheeler v. Lawson, 539 F.3d 629 (7th Cir. 2008) Introduction In the case of Michelle Wheeler, Plaintiff-Appellant, v. Ronald Lawson, the...

Grieveson v. Anderson: Individual Liability for Deliberate Indifference in Correctional Settings

Date: Aug 19, 2008

Grieveson v. Anderson: Individual Liability for Deliberate Indifference in Correctional Settings Introduction In the landmark case of Joseph R. Grieveson v. Frank J. Anderson et al., the United...

Enhancing Effective Assistance of Counsel: Insights from Malone v. Warden

Date: Aug 19, 2008

Enhancing Effective Assistance of Counsel: Insights from Malone v. Warden Introduction In the landmark case of Donchii Malone v. J.R. Walls, adjudicated by the United States Court of Appeals for the...

7th Circuit Upholds Jury Verdict on Police Excessive Force and Punitive Damages in Kunz v. DeFelice

Date: Aug 15, 2008

7th Circuit Upholds Jury Verdict on Police Excessive Force and Punitive Damages in Kunz v. DeFelice Introduction Kunz v. DeFelice, 538 F.3d 667 (7th Cir. 2008) is a significant appellate decision...

Establishing Personal Jurisdiction in §1983 Cases: Insights from Kinslow v. Pullara et al.

Date: Aug 15, 2008

Establishing Personal Jurisdiction in §1983 Cases: Insights from Kinslow v. Pullara et al. Introduction In the landmark case of Jimmy Kinslow v. Frank Pullara, Erma Sedillo, and Shannon McReynolds,...

Impact of Workplace Environmental Conditions in Disability Determinations: Getch v. Astrue

Date: Aug 14, 2008

Impact of Workplace Environmental Conditions in Disability Determinations: Getch v. Astrue Introduction Charles E. Getch, a 58-year-old seam welder, filed an appeal against the Social Security...

Affirmation of Employer Compliance with FMLA and Anti-Retaliation Standards: Ridings v. Riverside Medical Center

Date: Aug 12, 2008

Affirmation of Employer Compliance with FMLA and Anti-Retaliation Standards: Ridings v. Riverside Medical Center Introduction In the landmark case Janet M. Ridings v. Riverside Medical Center,...

Establishing Specific Personal Jurisdiction through Continuous Business Interactions

Date: Aug 6, 2008

Establishing Specific Personal Jurisdiction through Continuous Business Interactions Introduction The case of CITADEL GROUP LIMITED v. WASHINGTON REGIONAL MEDICAL CENTER (536 F.3d 757) presents a...

Affirmed Fraud Claims and Reversed Unfair Practices Under Consumer Fraud Act: A Comprehensive Analysis of Windy City Metal Fabricators Supply, Inc. v. CIT Technology Financing Services, Inc.

Date: Aug 2, 2008

Affirmed Fraud Claims and Reversed Unfair Practices Under Consumer Fraud Act Case Reference: WINDY CITY METAL FABRICATORS SUPPLY, INCORPORATED and Midwest Ink Company v. CIT TECHNOLOGY FINANCING...

ERISA Preemption and Third-Party Healthcare Providers: Insights from Franciscan Skemp v. Central States

Date: Aug 1, 2008

ERISA Preemption and Third-Party Healthcare Providers: Insights from Franciscan Skemp Healthcare, Inc. v. Central States Joint Board Health and Welfare Trust Fund Introduction Franciscan Skemp...

Affirmation of Small-Employer Exemption in Joint-Employer Liability under FMLA: Moldenhauer v. Tazewell-Pekin Consolidated Communications Center

Date: Aug 1, 2008

Affirmation of Small-Employer Exemption in Joint-Employer Liability under FMLA Introduction The case of Denise N. Moldenhauer v. Tazewell-Pekin Consolidated Communications Center (536 F.3d 640)...

Affirming Contract Disputes Act's Exclusive Jurisdiction Over Government Contractual Claims: Evers v. ASTRUE

Date: Aug 1, 2008

Affirming Contract Disputes Act's Exclusive Jurisdiction Over Government Contractual Claims: Evers v. ASTRUE Introduction In the case of Hans EVERS, M.D., Plaintiff-Appellant, v. Michael J. ASTRUE,...

Detention of Property by Law Enforcement: 7th Circuit Affirms FTCA Exception in Parrott v. United States

Date: Jul 31, 2008

Detention of Property by Law Enforcement: 7th Circuit Affirms FTCA Exception in Parrott v. United States Introduction In the landmark case of Parrott v. United States, decided by the United States...

Strict Adherence to Federal Rules in Summary Judgment: Fabriko Acquisition Corp. v. Prokos et al.

Date: Jul 30, 2008

Strict Adherence to Federal Rules in Summary Judgment: Fabriko Acquisition Corp. v. Prokos et al. Introduction Fabriko Acquisition Corporation ("Fabriko") initiated a legal battle against Dean...

7th Circuit Clarifies Retaliatory Prosecution Standards and Upholds Protective Sweep Reasonableness in Section 1983 Claims

Date: Jul 26, 2008

7th Circuit Clarifies Retaliatory Prosecution Standards and Upholds Protective Sweep Reasonableness in Section 1983 Claims Introduction In the seminal case of Robert L. Peals v. Terre Haute Police...

Strict Limits on Sentencing Corrections Under Federal Rule of Criminal Procedure 35(a): United States v. Lawrence et al.

Date: Jul 26, 2008

Strict Limits on Sentencing Corrections Under Federal Rule of Criminal Procedure 35(a): United States v. Lawrence et al. Introduction In the landmark case United States of America v. Francis...