7th Circuit Case Commentaries

Application of the Doctrine of Laches in Lanham Act False Advertising Cases: Hot Wax, Inc. v. Turtle Wax, Inc.

Date: Sep 16, 1999

Application of the Doctrine of Laches in Lanham Act False Advertising Cases: Hot Wax, Inc. v. Turtle Wax, Inc. Introduction The case of Hot Wax, Inc. v. Turtle Wax, Inc. (191 F.3d 813) presents a...

Enhancing Whistleblower Protections and Fee-Shifting Under the False Claims Act: NEAL v. HONEYWELL INC.

Date: Sep 16, 1999

Enhancing Whistleblower Protections and Fee-Shifting Under the False Claims Act: NEAL v. HONEYWELL INC. Introduction Judith A. NEAL v. HONEYWELL INC. and Alliant Techsystems Inc. (191 F.3d 827, 7th...

Liu v. T H Machine, Inc.: Affirming Commission Agreements and Reassignment under the Illinois Sales Representative Act

Date: Sep 15, 1999

Liu v. T H Machine, Inc.: Affirming Commission Agreements and Reassignment under the Illinois Sales Representative Act Introduction In Liu v. T H Machine, Inc., the United States Court of Appeals for...

Affirmation of Dismissal: Classification of Hedge-to-Arrive Contracts under the Commodity Exchange Act

Date: Sep 14, 1999

Affirmation of Dismissal: Classification of Hedge-to-Arrive Contracts under the Commodity Exchange Act Introduction In the case of TOM LACHMUND v. ADM INVESTOR SERVICES, INCORPORATED et al.,...

Defining 'Fame' in Trade Dress Dilution: Seventh Circuit Sets New Standards for Niche Market Recognition

Date: Sep 14, 1999

Defining 'Fame' in Trade Dress Dilution: Seventh Circuit Sets New Standards for Niche Market Recognition Introduction The case of Syndicate Sales, Incorporated v. Hampshire Paper Corporation...

Affirming the Independent Contractor Classification: Usha Vakharia v. Swedish Covenant Hospital and Its Implications on Employment Discrimination Claims

Date: Sep 10, 1999

Affirming the Independent Contractor Classification: Usha Vakharia v. Swedish Covenant Hospital and Its Implications on Employment Discrimination Claims Introduction In the case of Usha Vakharia,...

Affirmation of Qualified Immunity in Contempt of Court Arrests

Date: Sep 3, 1999

Affirmation of Qualified Immunity in Contempt of Court Arrests: Wollin v. Gondert et al. Introduction In the case of Gerald R. Wollin v. Bruce Gondert, Joseph Seidel, and Jefferson County, the United...

Waiver of Issues in Social Security Disability Appeals: Johnson v. Apfel

Date: Aug 31, 1999

Waiver of Issues in Social Security Disability Appeals: Johnson v. Apfel Introduction The case Walter Johnson v. Kenneth S. Apfel, decided by the United States Court of Appeals for the Seventh...

Affirmation of FCA Claims Dismissal in Durcholz v. FKW Inc.: Implications for Government Contracting Oversight

Date: Aug 28, 1999

Affirmation of FCA Claims Dismissal in Durcholz v. FKW Inc.: Implications for Government Contracting Oversight Introduction In the case of UNITED STATES of America ex rel. Robert A. Durcholz, and...

Reversing Summary Judgment in Smith v. Sheahan: Establishing Employer Liability for Hostile Work Environments Under Title VII

Date: Aug 28, 1999

Reversing Summary Judgment in Smith v. Sheahan: Establishing Employer Liability for Hostile Work Environments Under Title VII Introduction The case of Valeria Smith v. Michael F. Sheahan, adjudicated...

Discretionary Stays of Deportation Under Transitional IIRIRA: Insights from Ioan Sofinet v. INS

Date: Aug 24, 1999

Discretionary Stays of Deportation Under Transitional IIRIRA: Insights from Ioan Sofinet v. INS Introduction Ioan Sofinet v. Immigration and Naturalization Service (INS) is a pivotal case adjudicated...

Strict Adherence to Procedural Default Under AEDPA Affirmed in Schaff v. Snyder

Date: Aug 21, 1999

Strict Adherence to Procedural Default Under AEDPA Affirmed in Schaff v. Snyder Introduction Schaff v. Snyder, adjudicated by the United States Court of Appeals for the Seventh Circuit on August 20,...

Enhanced Reasonable Suspicion Standards in Traffic Stops: United States v. Brown

Date: Aug 19, 1999

Enhanced Reasonable Suspicion Standards in Traffic Stops: United States v. Brown Introduction United States of America v. Ronald D. Brown, Jr., 188 F.3d 860 (7th Cir. 1999), is a pivotal appellate...

Affirmation of Procedural Default in Federal Habeas Corpus: Franklin v. Gilmore

Date: Aug 19, 1999

Affirmation of Procedural Default in Federal Habeas Corpus: Franklin v. Gilmore Introduction William Franklin, Petitioner-Appellant, v. Jerry D. Gilmore, Respondent-Appellee. (188 F.3d 877) is a...

Extending FLSA Retaliation Protections Beyond Employer Coverage: Sapperstein v. Hager

Date: Aug 18, 1999

Extending FLSA Retaliation Protections Beyond Employer Coverage: Sapperstein v. Hager Introduction Case: William Sapperstein, Plaintiff-Appellant, v. Robert Hager and Patricia Hager doing business as...

Clarifying Fourth and Fifth Amendment Protections in Investigatory Detentions: United States v. Scheets

Date: Aug 17, 1999

Clarifying Fourth and Fifth Amendment Protections in Investigatory Detentions: United States v. Scheets Introduction United States of America v. Randall P. Scheets, 188 F.3d 829 (7th Cir. 1999),...

Reaffirmation of 'Some Evidence' Standard in Prison Disciplinary Due Process: McPherson v. McBride

Date: Aug 14, 1999

Reaffirmation of 'Some Evidence' Standard in Prison Disciplinary Due Process: McPherson v. McBride Introduction The case of Monte McPherson v. Daniel R. McBride (188 F.3d 784) addressed critical...

Health Cost Controls v. Washington: Defining ERISA Fiduciary Status for Claim Administrators

Date: Aug 11, 1999

Health Cost Controls v. Washington: Defining ERISA Fiduciary Status for Claim Administrators Introduction Health Cost Controls of Illinois, Inc. v. Valerie Washington (187 F.3d 703) is a seminal case...

Comprehensive Commentary on Elizabeth Karlin, M.D. v. Foust: Establishing Clarity in Abortion Informed Consent Laws

Date: Aug 10, 1999

Comprehensive Commentary on Elizabeth Karlin, M.D. v. Foust: Establishing Clarity in Abortion Informed Consent Laws Introduction The case of Elizabeth Karlin, M.D.; Planned Parenthood of Wisconsin,...

Affirmation of Nonexclusive Licensing Rights in Copyright Agreements: Edwin Kennedy v. National Juvenile Detention Association

Date: Aug 10, 1999

Affirmation of Nonexclusive Licensing Rights in Copyright Agreements: Edwin Kennedy v. National Juvenile Detention Association Introduction In the case of Edwin Kennedy v. National Juvenile Detention...