7th Circuit Case Commentaries

Attorney's Knowledge of Bar Date Precludes Relief for Late Proof of Claim: Kmart Corp. v. Simmons

Date: Aug 28, 2004

Attorney's Knowledge of Bar Date Precludes Relief for Late Proof of Claim: Kmart Corp. v. Simmons Introduction In In the matter of: Kmart Corporation, et al., Debtors-Appellees, Appeal of: Wilhemina...

Reinterpreting Retaliatory Discharge: Insights from Guardsmark v. Thomas

Date: Aug 28, 2004

Reinterpreting Retaliatory Discharge: Insights from Guardsmark v. Thomas Introduction In the seminal case of Carl E. Thomas v. Guardsmark, Inc., 381 F.3d 701 (7th Cir. 2004), the United States Court...

Enhanced Scrutiny on Seizure Frequency in Disability Claims: Barnett v. Barnhart

Date: Aug 26, 2004

Enhanced Scrutiny on Seizure Frequency in Disability Claims: Barnett v. Barnhart Introduction In the case of Joanne Barnett v. Jo Anne B. Barnhart, Commissioner of Social Security (381 F.3d 664), the...

Appointing Counsel for Indigent Inmates in Eighth Amendment Medical Negligence Claims: Gil v. Reed

Date: Aug 26, 2004

Appointing Counsel for Indigent Inmates in Eighth Amendment Medical Negligence Claims: Gil v. Reed Introduction Case: Diego Gil v. James Reed, Jaime Penaflor, and United States of America. Court:...

Clarifying Habeas Corpus Applicability in Prison Disciplinary Sanctions: Cochran v. Buss

Date: Aug 25, 2004

Clarifying Habeas Corpus Applicability in Prison Disciplinary Sanctions: Cochran v. Buss Introduction Cochran v. Buss is a pivotal case decided by the United States Court of Appeals for the Seventh...

Affirmation of Habeas Corpus Denial: Strickland Standard and AEDPA in Assessing Ineffective Assistance of Counsel and Evidentiary Rulings

Date: Aug 24, 2004

Affirmation of Habeas Corpus Denial: Strickland Standard and AEDPA in Assessing Ineffective Assistance of Counsel and Evidentiary Rulings Introduction The case of Linnell Harding v. Jerry L. S....

Legal Commentary on McKenzie v. Milwaukee County: Reassignment and Discrimination Claims Under Scrutiny

Date: Aug 24, 2004

Legal Commentary on McKenzie v. Milwaukee County: Reassignment and Discrimination Claims Under Scrutiny Introduction In the landmark case of Kerri A. McKenzie v. Milwaukee County, et al., decided by...

Massaro Standard Affirmed: Ineffective Assistance of Counsel in Child Pornography Cases

Date: Aug 17, 2004

Massaro Standard Affirmed: Ineffective Assistance of Counsel in Child Pornography Cases Introduction The case of Thomas Richardson v. United States of America (379 F.3d 485) represents a significant...

Affirming Regulatory Pooling in Milk Marketing under AMAA: Lamers Dairy Inc. v. USDA

Date: Aug 14, 2004

Affirming Regulatory Pooling in Milk Marketing under AMAA: Lamers Dairy Inc. v. USDA Introduction The case of Lamers Dairy Incorporated v. United States Department of Agriculture (379 F.3d 466)...

Access to Courts and Quasi-Judicial Immunity: Insights from Snyder v. Nolen

Date: Aug 14, 2004

Access to Courts and Quasi-Judicial Immunity: Insights from Snyder v. Nolen Introduction JAMES R. SNYDER, Plaintiff-Appellant v. JACK T. NOLEN, Defendant-Appellee is a pivotal case adjudicated by the...

Seventh Circuit Upholds Employer Immunity in Title VII Sexual Harassment Case

Date: Aug 12, 2004

Seventh Circuit Upholds Employer Immunity in Title VII Sexual Harassment Case Introduction In the case of Leslie D. McPherson v. City of Waukegan, the United States Court of Appeals for the Seventh...

Affirming Procedural Due Process and Limiting Free Speech Claims in Academic Dismissals: Pugel v. Board of Trustees of the University of Illinois

Date: Aug 7, 2004

Affirming Procedural Due Process and Limiting Free Speech Claims in Academic Dismissals: Pugel v. Board of Trustees of the University of Illinois Introduction In Pugel v. Board of Trustees of the...

Affirmation of Summary Judgment in Municipal Employment Due Process Case

Date: Aug 7, 2004

Affirmation of Summary Judgment in Municipal Employment Due Process Case Introduction The case of William D. Burrell v. City of Mattoon et al. (378 F.3d 642) dealt with Burrell's allegations of...

Reaffirming Counsel's Strategic Decisions in Ineffective Assistance Claims: Cooper v. United States

Date: Aug 6, 2004

Reaffirming Counsel's Strategic Decisions in Ineffective Assistance Claims: Cooper v. United States Introduction The case of Brian W. Cooper v. United States of America, adjudicated by the United...

Seventh Circuit Affirms Dismissal of TILA Rescission Claims: Permissible Margin of Finance Charge Under TILA

Date: Aug 5, 2004

Seventh Circuit Affirms Dismissal of TILA Rescission Claims: Permissible Margin of Finance Charge Under TILA Introduction In the case of Carroll Guise, Regina Guise, and Mildred Guise v. BWM...

Numerical Restrictions on Adult Entertainment: First Amendment Implications

Date: Aug 5, 2004

Numerical Restrictions on Adult Entertainment: First Amendment Implications Case: Eric Joelner, Fish, Inc. d/b/a XXXtreme Entertainment, Free Speech, Inc., and First Amendment, Inc. v. Village of...

Denying Leave to Amend: Seventh Circuit Reverses District Court in ComEd Employment Discrimination Case

Date: Aug 3, 2004

Denying Leave to Amend: Seventh Circuit Reverses District Court in ComEd Employment Discrimination Case Introduction The case of Dennis J. Dubicz, Robert B. Magolan, and William Marsh v. Commonwealth...

Balancing Public Safety and Constitutional Rights: Doe v. City of Lafayette

Date: Jul 31, 2004

Balancing Public Safety and Constitutional Rights: Doe v. City of Lafayette Introduction In the landmark case of John Doe v. City of Lafayette, Indiana (377 F.3d 757, 2004), the United States Court...

Seventh Circuit Limits Safe Harbor Protection for Misleading Forward-Looking Statements under PSLRA

Date: Jul 30, 2004

Seventh Circuit Limits Safe Harbor Protection for Misleading Forward-Looking Statements under the Private Securities Litigation Reform Act Introduction The case of Brian Asher, et al. v. Baxter...

Affirmation of Racial Discrimination and Retaliation Claims in Public Employment: Harvey & Clark v. Office of Banks and Real Estate

Date: Jul 27, 2004

Affirmation of Racial Discrimination and Retaliation Claims in Public Employment: Harvey & Clark v. Office of Banks and Real Estate Introduction The case of Renard J. Harvey and Robbie Clark v....