7th Circuit Case Commentaries

Sworn Evidence of Unavailable Grievance Appeals Bars PLRA Exhaustion Summary Judgment; Court Must Use Pavey Hearing or Jury if Merits-Intertwined

Date: Aug 21, 2026

Sworn Evidence of Unavailable Grievance Appeals Bars PLRA Exhaustion Summary Judgment; Court Must Use Pavey Hearing or Jury if Merits-Intertwined Case: Lawrence Burns v. Sterling Polk (and John...

Co-Worker Harassment Under Title VII: Isolated Slurs, Overheard Remarks, and Hearsay Generally Do Not Satisfy the “Severe or Pervasive” Standard

Date: Aug 21, 2026

Co-Worker Harassment Under Title VII: Isolated Slurs, Overheard Remarks, and Hearsay Generally Do Not Satisfy the “Severe or Pervasive” Standard I. Introduction In Michelle Strickland v. Thomas Dart,...

Indiana Cannot Enforce “Aid-or-Assist” Against Truthful Out-of-State Abortion Information and Referrals to Minors: Content/Viewpoint-Based Speech Restriction Fails Strict Scrutiny

Date: Aug 21, 2026

Indiana Cannot Enforce “Aid-or-Assist” Against Truthful Out-of-State Abortion Information and Referrals to Minors: Content/Viewpoint-Based Speech Restriction Fails Strict Scrutiny I. Introduction...

Supervisory “Authorship” Satisfies the Confrontation Clause for Regulatory Examination Memoranda in Bank-Fraud Trials

Date: Aug 21, 2026

Supervisory “Authorship” Satisfies the Confrontation Clause for Regulatory Examination Memoranda in Bank-Fraud Trials I. Introduction United States v. Miroslaw Krejza (7th Cir. Aug. 18, 2026) arises...

Outsider FCA Relators Must Plead Particularized Presentment and Rigorous Materiality—Regulatory “Gray Areas” and Agency Guidance Alone Do Not Suffice

Date: Aug 21, 2026

Outsider FCA Relators Must Plead Particularized Presentment and Rigorous Materiality—Regulatory “Gray Areas” and Agency Guidance Alone Do Not Suffice 1. Introduction In A. Samuel Enloe v. Heritage...

Westfall Act Saving Provision Inapplicable to § 233(c) Deemed-Clinic Malpractice Removals (Reaffirming Evans)

Date: Aug 21, 2026

Westfall Act Saving Provision Inapplicable to § 233(c) Deemed-Clinic Malpractice Removals (Reaffirming Evans) I. Introduction In Irma Herrera v. United States of America (7th Cir. Aug. 14, 2026),...

Qualified Immunity for Arguable Probable Cause and Non–Clearly Established Juvenile Interrogation Tactics; Fair-Trial Fabrication Liability Requires Trial Use of Evidence

Date: Aug 21, 2026

Qualified Immunity for Arguable Probable Cause and Non–Clearly Established Juvenile Interrogation Tactics; Fair-Trial Fabrication Liability Requires Trial Use of Evidence Case: Johnnie Savory v....

Judicial Estoppel Requires Clear Inconsistency and Prior Judicial Acceptance; Rule 23(b)(2) Proper for Reinstatement Injunction with Incidental Reimbursement in Retiree-Health CBA Cases

Date: Aug 21, 2026

Judicial Estoppel Requires Clear Inconsistency and Prior Judicial Acceptance; Rule 23(b)(2) Proper for Reinstatement Injunction with Incidental Reimbursement in Retiree-Health CBA Cases Lynnette...

Rule 10b-5(b) Misstatement Liability Does Not Depend on a “Fraudulent Scheme,” but PSLRA Scienter Still Requires a Cogent Inference; Rule 9(b) Governs Securities Act Claims Sharing the Same Fraud Narrative

Date: Aug 21, 2026

Rule 10b-5(b) Misstatement Liability Does Not Depend on a “Fraudulent Scheme,” but PSLRA Scienter Still Requires a Cogent Inference; Rule 9(b) Governs Securities Act Claims Sharing the Same Fraud...

Harboring “Intent to Safeguard” Under 8 U.S.C. § 1324 May Be Inferred from Coercive Isolation and Exploitative Domestic Labor; Cultural Norms Need Not Mitigate Sentence

Date: Aug 14, 2026

Harboring “Intent to Safeguard” Under 8 U.S.C. § 1324 May Be Inferred from Coercive Isolation and Exploitative Domestic Labor; Cultural Norms Need Not Mitigate Sentence I. Introduction United States...

Pre-Enforcement Standing Requires a Credible, Plaintiff-Specific Threat: “Intellectual Diversity” Laws and Interim University Policies

Date: Aug 14, 2026

Pre-Enforcement Standing Requires a Credible, Plaintiff-Specific Threat: “Intellectual Diversity” Laws and Interim University Policies 1. Introduction David McDonald v. Trustees of Indiana University...

Unpaid Domestic Servitude as “Harboring for Private Financial Gain”: Intent to Shield Inferred from Coercive Control, and Credibility Attacks Rarely Defeat Sufficiency

Date: Aug 14, 2026

Unpaid Domestic Servitude as “Harboring for Private Financial Gain”: Intent to Shield Inferred from Coercive Control, and Credibility Attacks Rarely Defeat Sufficiency 1. Introduction United States...

Post-Release “Registration” Orders Are Unauthorized Absent a Term of Supervised Release

Date: Aug 14, 2026

Post-Release “Registration” Orders Are Unauthorized Absent a Term of Supervised Release United States v. Jerid Hinz (7th Cir. Aug. 13, 2026) 1. Introduction In United States v. Jerid Hinz, the...

§ 1983 Facial Challenges to Illinois Post-Conviction DNA Testing: Standing Against the Prosecutor and No Rooker-Feldman Bar

Date: Aug 14, 2026

§ 1983 Facial Challenges to Illinois Post-Conviction DNA Testing: Standing Against the Prosecutor and No Rooker-Feldman Bar 1. Introduction In Reginald Chapman v. Eileen O'Neill Burke (7th Cir. Aug....

Illinois Reliance-Based Estoppel Limits Nonsignatory Arbitration: “Direct Benefits Estoppel” Rejected Absent Detrimental Reliance

Date: Aug 14, 2026

Illinois Reliance-Based Estoppel Limits Nonsignatory Arbitration: “Direct Benefits Estoppel” Rejected Absent Detrimental Reliance 1. Introduction Sunco International Inc. v. Jiangsu Sunco Boiler Co.,...

Seventh Circuit: No Third-Party Beneficiary or Broker Duty to Non-Insured Claimants to Provide Notice to the Insured’s Professional Liability Carriers

Date: Aug 14, 2026

Seventh Circuit: No Third-Party Beneficiary Status—and No Broker Notice Duty to Non-Insured Claimants—Absent Explicit Contractual Intent Case: Robert Ferguson v. Aon Risk Services Companies, Inc....

Non‑Signatory Enforcement of Delegation Clauses: Courts Decide; State Law Governs Equitable Estoppel Even Under FAA Chapter 2

Date: Aug 14, 2026

Non‑Signatory Enforcement of Delegation Clauses: Courts Decide; State Law Governs Equitable Estoppel Even Under FAA Chapter 2 Case: Taewoo Kim v. Jump Trading, LLC Court: United States Court of...

Harboring Under 8 U.S.C. § 1324: Intent to Shield Can Be Inferred from Concealment Practices and Exploitative Domestic Labor, and Credibility Attacks Rarely Satisfy “Incredible as a Matter of Law”

Date: Aug 14, 2026

Harboring Under 8 U.S.C. § 1324: Intent to Shield Can Be Inferred from Concealment Practices and Exploitative Domestic Labor, and Credibility Attacks Rarely Satisfy “Incredible as a Matter of Law” 1....

Probable Cause to Prosecute Survives Fabrication Allegations When Unchallenged Evidence Independently Supports Constructive Gun Possession

Date: Aug 14, 2026

Probable Cause to Prosecute Survives Fabrication Allegations When Unchallenged Evidence Independently Supports Constructive Gun Possession I. Introduction Case: Jevarreo Kelley-Lomax v. City of...

§ 1983 DNA-Testing Statute Challenges Survive Rooker–Feldman; Standing Lies Against the Prosecutor Who Controls Access

Date: Aug 14, 2026

§ 1983 DNA-Testing Statute Challenges Survive Rooker–Feldman; Standing Lies Against the Prosecutor Who Controls Access 1. Introduction In Reginald Chapman v. Eileen O'Neill Burke (7th Cir. Aug. 13,...