7th Circuit Case Commentaries

Notice Pleading Standards Affirmed in Retaliation Claims: Simpson v. Nickel

Date: Jun 13, 2006

Notice Pleading Standards Affirmed in Retaliation Claims: Simpson v. Nickel Introduction In Willie Simpson v. Janel Nickel et al., 450 F.3d 303 (7th Cir. 2006), Willie Simpson, a pro se plaintiff,...

Remand Granted in Alsup v. 3-Day Blinds: Federal Jurisdiction Denied in Product Liability Case

Date: Jun 9, 2006

Remand Granted in Alsup v. 3-Day Blinds: Federal Jurisdiction Denied in Product Liability Case Introduction In the landmark case Ronald Alsup, et al. v. 3-Day Blinds, Inc., et al. (435 F. Supp. 2d...

Jurisdictional Clarity in Arbitration Under the Federal Arbitration Act: Insights from Wise v. Wachovia Securities

Date: Jun 8, 2006

Jurisdictional Clarity in Arbitration Under the Federal Arbitration Act: Insights from Wise v. Wachovia Securities Introduction The case of Wise v. Wachovia Securities, LLC, and NASD (450 F.3d 265,...

Affirming Legislative Sentencing Ratios and the Voluntariness of Confessions in United States v. Miller

Date: Jun 8, 2006

Affirming Legislative Sentencing Ratios and the Voluntariness of Confessions in United States v. Miller Introduction The case of United States of America v. Taryll Miller, adjudicated by the United...

Affirmation of Disability Claim Denial: Balancing Subjective Testimony with Objective Medical Evidence

Date: Jun 6, 2006

Affirmation of Disability Claim Denial: Balancing Subjective Testimony with Objective Medical Evidence Introduction The case Michelle Johnson v. Jo Anne B. Barnhart, Commissioner of Social Security...

AEDPA Statute of Limitations and Form Compliance in Adell Jones v. Don Hulick

Date: Jun 2, 2006

AEDPA Statute of Limitations and Form Compliance in Adell Jones v. Don Hulick Introduction The case of Adell Jones v. Don Hulick, adjudicated by the United States Court of Appeals for the Seventh...

Effectiveness of Counsel in Fourth Amendment Challenges: The Gregory Shell Case

Date: May 24, 2006

Effectiveness of Counsel in Fourth Amendment Challenges: The Gregory Shell Case 1. Introduction The case of Gregory Shell v. United States examines the contours of effective legal representation...

Application of Strickland Standard in Ineffective Assistance of Counsel: Insights from Da v. Taylor

Date: May 23, 2006

Application of Strickland Standard in Ineffective Assistance of Counsel: Insights from Da v. Taylor Introduction The case of Davinne G. Taylor v. Jody Bradley, adjudicated by the United States Court...

Qualified Immunity for Prison Officials under the Eighth Amendment: Borello v. Allison et al.

Date: May 12, 2006

Qualified Immunity for Prison Officials under the Eighth Amendment: Borello v. Allison et al. Introduction The case of Ronald T. Borello v. Richard Allison, Lisa Gales, John Liefer, and John Inman...

Affirmation of Summary Judgment in Discrimination and Retaliation Case: Scaife v. Cook County

Date: May 11, 2006

Affirmation of Summary Judgment in Discrimination and Retaliation Case: Scaife v. Cook County Introduction In Samuel SCAIFE v. COOK COUNTY, Michael F. Sheahan, Randy Pietrowski, et al. (446 F.3d...

Seventh Circuit Clarifies Due Process and Confrontation Rights in Supervised Release Revocation Hearings

Date: May 3, 2006

Seventh Circuit Clarifies Due Process and Confrontation Rights in Supervised Release Revocation Hearings Introduction In the landmark case of United States of America v. Lamond D. Kelley, 446 F.3d...

Smith v. Potter: Reinforcing the Importance of Exhausting Administrative Remedies under 29 C.F.R. §1614.105(a)(1)

Date: May 3, 2006

Smith v. Potter: Reinforcing the Importance of Exhausting Administrative Remedies under 29 C.F.R. §1614.105(a)(1) Introduction In the case of Kathy J. Smith v. John E. Potter, Postmaster General of...

Reasonable Duration of Investigative Stops Under the Fourth Amendment: Insights from Thurman v. Village of Homewood

Date: May 3, 2006

Reasonable Duration of Investigative Stops Under the Fourth Amendment: Insights from Thurman v. Village of Homewood Introduction Clifton Thurman v. Village of Homewood, 446 F.3d 682 (7th Cir. 2006),...

Marshall v. Knight: Reinforcing Prisoners' Right to Effective Access to Courts

Date: Apr 27, 2006

Marshall v. Knight: Reinforcing Prisoners' Right to Effective Access to Courts Introduction In Marshall v. Knight, 445 F.3d 965 (7th Cir. 2006), the United States Court of Appeals for the Seventh...

Appellate Jurisdiction Over Extended Temporary Restraining Orders: Analysis of Chicago United Industries, Ltd. v. City of Chicago

Date: Apr 26, 2006

Appellate Jurisdiction Over Extended Temporary Restraining Orders: Analysis of Chicago United Industries, Ltd. v. City of Chicago (445 F.3d 940) Introduction Chicago United Industries, Ltd., et al....

Strict Scrutiny of Fraudulent Joinder in Diversity Jurisdiction: Rutherford v. Merck Co., Inc. et al.

Date: Apr 22, 2006

Strict Scrutiny of Fraudulent Joinder in Diversity Jurisdiction: Rutherford v. Merck Co., Inc. et al. Introduction In the case of Barbara Rutherford et al. v. Merck Co., Inc., Walgreen Co., d/b/a...

Comprehensive Commentary on Pourghoraishi v. Flying J, Inc.: Race Classification and Qualified Immunity in Discrimination and Arrest Claims

Date: Apr 21, 2006

Comprehensive Commentary on Pourghoraishi v. Flying J, Inc.: Race Classification and Qualified Immunity in Discrimination and Arrest Claims Introduction Pourghoraishi v. Flying J, Inc. is a notable...

Federal Courts and State Open Meetings Privilege: Limiting Scope in Civil Rights Litigation

Date: Apr 21, 2006

Federal Courts and State Open Meetings Privilege: Limiting Scope in Civil Rights Litigation Introduction The case of Brian Kodish v. Oakbrook Terrace Fire Protection District et al. addresses the...

Right to Counsel in Supervised Release Revocations: United States v. Eskridge

Date: Apr 20, 2006

Right to Counsel in Supervised Release Revocations: United States v. Eskridge Introduction United States v. Eskridge (445 F.3d 930) is a pivotal decision by the United States Court of Appeals for the...

Affirmation of the Immediate Custodian Rule in Alien Habeas Corpus Petitions: Kholyavskiy v. Achim et al.

Date: Apr 18, 2006

Affirmation of the Immediate Custodian Rule in Alien Habeas Corpus Petitions: Kholyavskiy v. Achim et al. Introduction Arkadiy L. Kholyavskiy v. Deborah Achim, Alberto R. Gonzales, and Michael...