7th Circuit Case Commentaries

Judicial Estoppel Prevents Debtors from Pursuing Concealed Bankruptcy Claims: Biesek v. Soo Line Railroad

Date: Mar 7, 2006

Judicial Estoppel Prevents Debtors from Pursuing Concealed Bankruptcy Claims: Biesek v. Soo Line Railroad Introduction The case of Eugene K. Biesek v. Soo Line Railroad Company and Canadian Pacific...

Deliberate Indifference in Prison Medical Care: Insights from NORFLEET v. WEBSTER and HADDED

Date: Mar 4, 2006

Deliberate Indifference in Prison Medical Care: Insights from Norfleet v. Webster and Hadded Introduction Norfleet v. Webster and Hadded, 439 F.3d 392 (7th Cir. 2006), addresses critical issues...

Accident Defense Not Essential for Effective Assistance of Counsel in Indiana Murder Trials: Charlton v. Davis

Date: Mar 1, 2006

Accident Defense Not Essential for Effective Assistance of Counsel in Indiana Murder Trials: Charlton v. Davis, 439 F.3d 369 Introduction Michael Charlton, the petitioner-appellee, was convicted of...

Mendez v. Barnhart: Enhanced Interpretation of Disability Criteria under SSA Regulations

Date: Mar 1, 2006

Mendez v. Barnhart: Enhanced Interpretation of Disability Criteria under SSA Regulations Introduction Judith Mendez appealed the denial of her application for disability benefits by the Social...

Ambiguities in Arbitration Clauses Resolved in Favor of Arbitration: County of McHenry v. Insurance Company of the West

Date: Feb 25, 2006

Ambiguities in Arbitration Clauses Resolved in Favor of Arbitration: County of McHenry v. Insurance Company of the West Introduction The case of County of McHenry, Plaintiff-Appellant, v. Insurance...

Exhaustion of Administrative Remedies Under PLRA: Seventh Circuit Reverses Summary Judgment in Dole v. Correctional Officers

Date: Feb 25, 2006

Exhaustion of Administrative Remedies Under PLRA: Seventh Circuit Reverses Summary Judgment in Dole v. Correctional Officers Introduction The case of Joseph Dole v. Correctional Officer Chandler et...

Immutable Sentencing: Limitations on Post-Imposition Modifications under 18 U.S.C. § 3582(c) in United States v. Smith

Date: Feb 24, 2006

Immutable Sentencing: Limitations on Post-Imposition Modifications under 18 U.S.C. § 3582(c) in United States v. Smith Introduction In United States v. Rodrick Smith, 438 F.3d 796 (7th Cir. 2006),...

Clarifying LLC Citizenship and Trade Secret Protections in Hicklin Engineering v. Bartell

Date: Feb 23, 2006

Clarifying LLC Citizenship and Trade Secret Protections in Hicklin Engineering v. Bartell Introduction The case of Hicklin Engineering, L.C. v. R.J. Bartell and R.J. Bartell Associates, L.L.C. (439...

Enhancing Standards for Jury Instructions and Evidence Admissibility in Age Discrimination Cases: Commentary on Mattenson v. Baxter Healthcare Corp.

Date: Feb 22, 2006

Enhancing Standards for Jury Instructions and Evidence Admissibility in Age Discrimination Cases: Commentary on Mattenson v. Baxter Healthcare Corp. Introduction The case of Charles R. Mattenson v....

Clarifying Title VII Pleading Standards: KOLUPA v. Roselle Park District

Date: Feb 11, 2006

Clarifying Title VII Pleading Standards: KOLUPA v. Roselle Park District Introduction In Christopher KOLUPA v. Roselle Park District, 438 F.3d 713 (7th Cir. 2006), the United States Court of Appeals...

Honest Services Fraud as Predicate Offense for Money Laundering Affirmed by Seventh Circuit

Date: Feb 9, 2006

Honest Services Fraud as Predicate Offense for Money Laundering Affirmed by Seventh Circuit Introduction In the landmark case of UNITED STATES of America v. Nick S. Boscarino, 437 F.3d 634 (7th Cir....

Affirmation of Summary Judgment in Reverse Race Discrimination Case: Hague v. Thompson Distribution Co.

Date: Feb 8, 2006

Affirmation of Summary Judgment in Reverse Race Discrimination Case: Hague v. Thompson Distribution Co. Introduction The case of Mark Hague, Cynthia Hague, Mark Brown, et al. v. Thompson Distribution...

Statute of Limitations and Tolling in Antitrust Litigation: Insights from In re COPPER ANTITRUST LITIGATION

Date: Feb 7, 2006

Statute of Limitations and Tolling in Antitrust Litigation: Insights from In re COPPER ANTITRUST LITIGATION Introduction The case of In re COPPER ANTITRUST LITIGATION, 436 F.3d 782 (7th Cir. 2006),...

Standard of Review and Discovery Limitations under ERISA: Semien v. Life Insurance Company of North America

Date: Feb 7, 2006

Standard of Review and Discovery Limitations under ERISA: Semien v. Life Insurance Company of North America Introduction The case of Kathleen Semien v. Life Insurance Company of North America (LINA)...

Reaffirmation of Constructive Possession and Pinkerton Liability in Drug Conspiracy Convictions

Date: Feb 3, 2006

Reaffirmation of Constructive Possession and Pinkerton Liability in Drug Conspiracy Convictions Introduction The case of United States of America v. Rodney McLee and Vicki Murph-Jackson (436 F.3d...

FC Credit Corporation v. Aliano Brothers General Contractors: Enforcing Forum Selection Clauses in Commercial Contracts

Date: Feb 2, 2006

FC Credit Corporation v. Aliano Brothers General Contractors: Enforcing Forum Selection Clauses in Commercial Contracts Introduction FC Credit Corporation v. Aliano Brothers General Contractors, Inc....

Elevated Pleading Standards Under PSLRA: Insights from Makor Issues Rights, Ltd. v. Tellabs, Inc.

Date: Jan 26, 2006

Elevated Pleading Standards Under PSLRA: Insights from Makor Issues Rights, Ltd. v. Tellabs, Inc. Introduction The case of Makor Issues Rights, Ltd., et al., Plaintiffs-Appellants, v. Tellabs, Inc.,...

Constructive Discharge and Procedural Barriers in 42 U.S.C. § 1983 Claims: Analysis of Gerhard Witte v. Wisconsin Department of Corrections

Date: Jan 24, 2006

Constructive Discharge and Procedural Barriers in 42 U.S.C. § 1983 Claims: Analysis of Gerhard Witte v. Wisconsin Department of Corrections Introduction In Gerhard Witte v. Wisconsin Department of...

Sornberger v. Dually: Affirming Rights against Unlawful Arrest, Coerced Confessions, and Municipal Liability under §1983

Date: Jan 21, 2006

Sornberger v. Dually: Affirming Rights against Unlawful Arrest, Coerced Confessions, and Municipal Liability under §1983 Introduction In Sornberger v. Dually, the United States Court of Appeals for...

Conrad v. Barnhart: Upholding the Substantial Justification Standard in EAJA Fee Awards

Date: Jan 20, 2006

Conrad v. Barnhart: Upholding the Substantial Justification Standard in EAJA Fee Awards Introduction In the landmark case of Maria Conrad v. Jo Anne B. Barnhart, adjudicated by the United States...