7th Circuit Case Commentaries

Expressive Elements in Software Forms: Bucklew v. Hawkins Decision

Date: May 28, 2003

Expressive Elements in Software Forms: Bucklew v. Hawkins Decision Introduction In Stephen L. Bucklew v. Hawkins, Ash, Bapte & Co., LLP, and HAB, Inc. (329 F.3d 923, 2003), the United States Court of...

Seizure Defined: The Limits of the Fourth Amendment in Governing Conditional Release of Impounded Vehicles

Date: May 23, 2003

Seizure Defined: The Limits of the Fourth Amendment in Governing Conditional Release of Impounded Vehicles Introduction In the landmark case of Mark A. Lee v. City of Chicago, 330 F.3d 456 (7th Cir....

Enhanced Scrutiny of Asylum Claims: Georgis v. Ashcroft Analysis

Date: May 21, 2003

Enhanced Scrutiny of Asylum Claims: Georgis v. Ashcroft Analysis Introduction In the landmark case Zebenework Haile Georgis v. John Ashcroft, 328 F.3d 962 (7th Cir. 2003), the United States Court of...

Narrowing the Scope of Discovery: Insights from Sanyo Laser Products, Inc. v. Record Companies

Date: May 21, 2003

Narrowing the Scope of Discovery: Insights from Sanyo Laser Products, Inc. v. Record Companies Introduction Sanyo Laser Products, Inc. v. Record Companies is a pivotal case adjudicated in the United...

Seventh Circuit Affirms Competency to Stand Trial Despite Defendant's Unorthodox Legal Beliefs in U.S. v. Frederick R. James

Date: May 15, 2003

Seventh Circuit Affirms Competency to Stand Trial Despite Defendant's Unorthodox Legal Beliefs in U.S. v. Frederick R. James Introduction The case of United States of America v. Frederick R. James,...

Personal Involvement in Bivens Claims: Insights from Alejo v. Heller

Date: May 14, 2003

Personal Involvement in Bivens Claims: Insights from Alejo v. Heller Introduction Alejo v. Heller is a seminal case decided by the United States Court of Appeals for the Seventh Circuit on May 13,...

Byrne v. Avon Products: Clarifying Employee Protections under the ADA and FMLA

Date: May 10, 2003

Byrne v. Avon Products: Clarifying Employee Protections under the ADA and FMLA Introduction In the landmark case of John Byrne v. Avon Products, Inc., the United States Court of Appeals for the...

Strict Particularity Requirements for Fraud Pleadings under the False Claims Act: Insights from United States v. Lockheed-Martin Corporation

Date: May 9, 2003

Strict Particularity Requirements for Fraud Pleadings under the False Claims Act: Insights from United States v. Lockheed-Martin Corporation Introduction In United States v. Lockheed-Martin...

Establishing the Foundation for Vocational Expert Testimony: McKinnie v. Barnhart

Date: May 2, 2003

Establishing the Foundation for Vocational Expert Testimony: McKinnie v. Barnhart Introduction Festus M. McKINNIE v. Jo Anne B. BARNHART, Commissioner of Social Security is a pivotal case decided by...

Affirmation of Summary Judgment in Palmer v. Marion County: Deliberate Indifference and Municipal Liability Under 42 U.S.C. § 1983

Date: May 2, 2003

Affirmation of Summary Judgment in Palmer v. Marion County: Deliberate Indifference and Municipal Liability Under 42 U.S.C. § 1983 Introduction Palmer v. Marion County is a significant case...

Probable Cause Established Through Experienced Narcotics Enforcement: Funches v. United States (327 F.3d 582)

Date: Apr 30, 2003

Probable Cause Established Through Experienced Narcotics Enforcement: Funches v. United States (327 F.3d 582) Introduction In the landmark case of United States v. Lorenzo Funches, Juan Carlos Toro,...

Age Discrimination in Employment: Summary Judgment Affirms Lucent Technologies' Restructuring Decision

Date: Apr 29, 2003

Age Discrimination in Employment: Summary Judgment Affirms Lucent Technologies' Restructuring Decision Introduction In the case of Paul Schuster v. Lucent Technologies, Inc., adjudicated by the...

Affirmation of Dismissal in Derek Case v. Milewski: Clarifying 'Color of Law' and Applicability of HECK v. HUMPHREY

Date: Apr 26, 2003

Affirmation of Dismissal in Derek Case v. Milewski: Clarifying 'Color of Law' and Applicability of HECK v. HUMPHREY Introduction Derek Case v. Michael Milewski, Michael Hoyle, and John Knowlton is a...

Reaffirming EMTALA’s Stabilization Requirement in Psychiatric Cases: Thomas v. Christ Hospital

Date: Apr 26, 2003

Reaffirming EMTALA’s Stabilization Requirement in Psychiatric Cases: Thomas v. Christ Hospital Introduction In Richard Thomas v. Christ Hospital and Medical Center (328 F.3d 890, 7th Cir. 2003), the...

Procedural Default and Ineffective Assistance of Counsel in Habeas Corpus: Analysis of Lee v. Davis

Date: Apr 26, 2003

Procedural Default and Ineffective Assistance of Counsel in Habeas Corpus: Analysis of Lee v. Davis Introduction Theodore Lee, Jr. appealed the denial of his petition for a writ of habeas corpus...

Mootness Doctrine and 'Prevailing Party' Criteria Reinforced in Federation of Advertising Industry Representatives, Inc. v. City of Chicago

Date: Apr 26, 2003

Mootness Doctrine and 'Prevailing Party' Criteria Reinforced in Federation of Advertising Industry Representatives, Inc. v. City of Chicago Introduction In the case of Federation of Advertising...

Sec. 363(f) Prevails Over Sec. 365(h): Bankruptcy Sale Free of Lessee's Possessory Interest

Date: Apr 24, 2003

Sec. 363(f) Prevails Over Sec. 365(h): Bankruptcy Sale Free of Lessee's Possessory Interest Introduction The case of Precision Industries, Inc. and Circo Leasing Co., LLC v. Qualitech Steel SBQ, LLC...

Reversing Summary Judgment in Hawkins v. First Union: Establishing Standards for Disability Determinations under ERISA

Date: Apr 23, 2003

Reversing Summary Judgment in Hawkins v. First Union: Establishing Standards for Disability Determinations under ERISA Introduction The case of Mark C. Hawkins v. First Union Corporation Long-Term...

Affirmation of Summary Judgment in ADEA Age Discrimination Claims: Balderston and Gabriel v. Fairbanks Morse Engine Division

Date: Apr 18, 2003

Affirmation of Summary Judgment in ADEA Age Discrimination Claims: Balderston and Gabriel v. Fairbanks Morse Engine Division Introduction In the case of John Balderston and John Gabriel v. Fairbanks...

Affirming Qualified Immunity in Child Welfare Searches: A Comprehensive Analysis of Doe v. Child Welfare Caseworkers

Date: Apr 17, 2003

Affirming Qualified Immunity in Child Welfare Searches: A Comprehensive Analysis of Doe v. Child Welfare Caseworkers Introduction The case of John Doe and Jane Doe, indi v. Dually et al. (327 F.3d...