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  • Commentaries
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7th Circuit Case Commentaries

Certification of Illinois Law on Permitted Emissions and the CGL Pollution Exclusion

Certification of Illinois Law on Permitted Emissions and the CGL Pollution Exclusion

Date: Apr 12, 2025
Certification of Illinois Law on Permitted Emissions and the CGL Pollution Exclusion Introduction In Sterigenics U.S., LLC v. National Union Fire Insurance Company of Pittsburgh, PA, the United...
Waiver of Relevant Conduct Challenges and Deference to Sentencing Findings in Plea Agreements

Waiver of Relevant Conduct Challenges and Deference to Sentencing Findings in Plea Agreements

Date: Apr 10, 2025
Waiver of Relevant Conduct Challenges and Deference to Sentencing Findings in Plea Agreements Introduction United States v. Larry Jones, decided by the Seventh Circuit on April 9, 2025, addresses two...
Deference to Medical Judgment and Administrative Considerations in Eighth Amendment Deliberate Indifference Claims

Deference to Medical Judgment and Administrative Considerations in Eighth Amendment Deliberate Indifference Claims

Date: Apr 4, 2025
Deference to Medical Judgment and Administrative Considerations in Eighth Amendment Deliberate Indifference Claims Introduction Isaiah Jordan, a Wisconsin state prisoner suffering from multiple...
Establishing Temporal Nexus and Defining Protected Activity Under the Whistleblower Protection Act: Smith v. MSPB

Establishing Temporal Nexus and Defining Protected Activity Under the Whistleblower Protection Act: Smith v. MSPB

Date: Apr 4, 2025
Establishing Temporal Nexus and Defining Protected Activity Under the Whistleblower Protection Act: Smith v. MSPB Introduction Janel N. Smith, an analyst with the Bureau of Alcohol, Tobacco, Firearms...
Rooker-Feldman’s Limits and Equitable Estoppel Tolling in §1983 Pretrial-Release Claims

Rooker-Feldman’s Limits and Equitable Estoppel Tolling in §1983 Pretrial-Release Claims

Date: Apr 4, 2025
Rooker-Feldman’s Limits and Equitable Estoppel Tolling in §1983 Pretrial-Release Claims Introduction Xihai Wang sued the City of Indianapolis and three police officers after state criminal charges...
Norweathers v. United States: Clarifying the Public Authority and Entrapment-by-Estoppel Defenses and Standards for §2255 Ineffective Assistance Claims

Norweathers v. United States: Clarifying the Public Authority and Entrapment-by-Estoppel Defenses and Standards for §2255 Ineffective Assistance Claims

Date: Apr 4, 2025
Norweathers v. United States: Clarifying the Public Authority and Entrapment-by-Estoppel Defenses and Standards for §2255 Ineffective Assistance Claims Introduction Ronald Norweathers was convicted...
Ensuring Administrative Exhaustion Under the PLRA: Mandatory Pavey Hearings for Factual Disputes

Ensuring Administrative Exhaustion Under the PLRA: Mandatory Pavey Hearings for Factual Disputes

Date: Apr 4, 2025
Ensuring Administrative Exhaustion Under the PLRA: Mandatory Pavey Hearings for Factual Disputes Introduction In Brandon L. Johnson v. Larry Haskell, No. 24-1156 (7th Cir. Apr. 3, 2025), the Seventh...
Defendant-Specific Exhaustion and Delegation in Eighth Amendment Claims

Defendant-Specific Exhaustion and Delegation in Eighth Amendment Claims

Date: Apr 4, 2025
Defendant-Specific Exhaustion and Delegation in Eighth Amendment Claims Introduction Torry v. Albrecht, decided on April 3, 2025, by the United States Court of Appeals for the Seventh Circuit,...
Defining Societas Europaea as a “Corporation” for Diversity Jurisdiction and Insuring Statutory Fees as “Ultimate Net Loss”

Defining Societas Europaea as a “Corporation” for Diversity Jurisdiction and Insuring Statutory Fees as “Ultimate Net Loss”

Date: Apr 3, 2025
Defining Societas Europaea as a “Corporation” for Diversity Jurisdiction and Insuring Statutory Fees as “Ultimate Net Loss” 1. Introduction In Starstone Insurance SE v. City of Chicago, 23-2712 (7th...
Medical Examination Under the ADA as Discrimination on the Basis of Disability and Entitlement to Back Pay

Medical Examination Under the ADA as Discrimination on the Basis of Disability and Entitlement to Back Pay

Date: Apr 2, 2025
Medical Examination Under the ADA as Discrimination on the Basis of Disability and Entitlement to Back Pay Introduction John Nawara, a correctional officer employed by the Cook County Sheriff’s...
Entitlement to Back Pay for ADA Medical-Inquiry Violations Under §12112(d)(4)(A)

Entitlement to Back Pay for ADA Medical-Inquiry Violations Under §12112(d)(4)(A)

Date: Apr 2, 2025
Entitlement to Back Pay for ADA Medical-Inquiry Violations Under §12112(d)(4)(A) Introduction This commentary examines the Seventh Circuit’s 2025 decision in John Nawara v. Cook County Municipality,...
ADA §12112(d)(4) Medical Inquiries as Disability Discrimination: Back Pay Entitlement Clarified

ADA §12112(d)(4) Medical Inquiries as Disability Discrimination: Back Pay Entitlement Clarified

Date: Apr 2, 2025
ADA §12112(d)(4) Medical Inquiries as Disability Discrimination: Back Pay Entitlement Clarified Introduction John Nawara, a Cook County correctional officer, initiated heated workplace altercations...
Recognition of Medical Examinations as Disability Discrimination Under the ADA: Back Pay Remedies in Nawara v. Cook County

Recognition of Medical Examinations as Disability Discrimination Under the ADA: Back Pay Remedies in Nawara v. Cook County

Date: Apr 2, 2025
Recognition of Medical Examinations as Disability Discrimination Under the ADA: Back Pay Remedies in Nawara v. Cook County Introduction John Nawara v. Cook County Municipality (7th Cir. April 1,...
Affirmation of Reasonable Suspicion and Probable Cause in Traffic Stops: Harris v. Melchor

Affirmation of Reasonable Suspicion and Probable Cause in Traffic Stops: Harris v. Melchor

Date: Apr 2, 2025
Affirmation of Reasonable Suspicion and Probable Cause in Traffic Stops: Harris v. Melchor Introduction Rakeem Harris v. Hector Melchor et al., decided April 1, 2025 by the United States Court of...
United States v. Quinones: Adequacy of Sentencing Explanations for Upward Variances under § 3553(a)

United States v. Quinones: Adequacy of Sentencing Explanations for Upward Variances under § 3553(a)

Date: Apr 2, 2025
United States v. Quinones: Adequacy of Sentencing Explanations for Upward Variances under § 3553(a) Introduction The Seventh Circuit’s decision in United States v. Joseph Quinones, No. 24-2539 (7th...
No Per Se Deliberate Indifference from DAA Rationing: Individual‑Capacity Liability Requires Personal Knowledge and Causation

No Per Se Deliberate Indifference from DAA Rationing: Individual‑Capacity Liability Requires Personal Knowledge and Causation

Date: Apr 1, 2025
No Per Se Deliberate Indifference from DAA Rationing: Individual‑Capacity Liability Requires Personal Knowledge and Causation Introduction In Skyler Tackett v. Kristen Dauss, No. 23-2246 (7th Cir....
Seventh Circuit (Nonprecedential) Reaffirms: No Prisoner Preliminary Injunction Without Concrete, Imminent Threat; No Interlocutory Appeal of Sanctions

Seventh Circuit (Nonprecedential) Reaffirms: No Prisoner Preliminary Injunction Without Concrete, Imminent Threat; No Interlocutory Appeal of Sanctions

Date: Apr 1, 2025
Seventh Circuit (Nonprecedential) Reaffirms: No Prisoner Preliminary Injunction Without Concrete, Imminent Threat; No Interlocutory Appeal of Sanctions Case: Sean Forester‑Hoare v. John Kind, et al....
Requiring a Longitudinal, SSR 12‑2p-Compliant Evaluation of Fibromyalgia Symptoms in RFC Determinations

Requiring a Longitudinal, SSR 12‑2p-Compliant Evaluation of Fibromyalgia Symptoms in RFC Determinations

Date: Apr 1, 2025
Requiring a Longitudinal, SSR 12‑2p-Compliant Evaluation of Fibromyalgia Symptoms in RFC Determinations Introduction In Christine Swiecichowski v. Leland Dudek, Acting Commissioner of Social...
“Wax and Wane Requires a Long View”: Seventh Circuit Mandates Longitudinal Analysis of Fibromyalgia Under SSR 12-2p

“Wax and Wane Requires a Long View”: Seventh Circuit Mandates Longitudinal Analysis of Fibromyalgia Under SSR 12-2p

Date: Apr 1, 2025
“Wax and Wane Requires a Long View”: Seventh Circuit Mandates Longitudinal Analysis of Fibromyalgia Under SSR 12-2p Case: Christine Swiecichowski v. Leland Dudek, No. 22-2011 (7th Cir. Mar. 31, 2025)...
Seventh Circuit Holds: Subscribing to Any Service From a Video Provider—Even Free, Non‑Video Services—Creates “Consumer” Status Under the VPPA

Seventh Circuit Holds: Subscribing to Any Service From a Video Provider—Even Free, Non‑Video Services—Creates “Consumer” Status Under the VPPA

Date: Mar 29, 2025
Seventh Circuit Holds: Subscribing to Any Service From a Video Provider—Even Free, Non‑Video Services—Creates “Consumer” Status Under the VPPA Introduction In David Vance Gardner v. MeTV, the United...
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