7th Circuit Case Commentaries

“Need to Come Inside” Is Not Per Se Coercive: Seventh Circuit Affirms Third‑Party Consent and Defines Scope During Domestic‑Violence Welfare Checks

Date: Oct 10, 2025

“Need to Come Inside” Is Not Per Se Coercive: Seventh Circuit Affirms Third‑Party Consent and Defines Scope During Domestic‑Violence Welfare Checks Introduction In United States v. Jaison L. Coleman,...

Seventh Circuit Clarifies Martin: No Independent Duty for a Second ALJ to Address a Prior ALJ’s Findings on Remand; Substantial Evidence Controls

Date: Oct 10, 2025

Seventh Circuit Clarifies Martin: No Independent Duty for a Second ALJ to Address a Prior ALJ’s Findings on Remand; Substantial Evidence Controls Introduction This commentary analyzes the Seventh...

Waiver-by-Acquiescence at Sentencing and the Near-Irrebuttable Presumption for Below-Guidelines Terms: United States v. Petre (7th Cir. 2025)

Date: Oct 9, 2025

Waiver-by-Acquiescence at Sentencing and the Near-Irrebuttable Presumption for Below-Guidelines Terms: United States v. Petre (7th Cir. 2025) Court: United States Court of Appeals for the Seventh...

Sham Affidavits, Video Overrides, and Strict Wisconsin Notice-of-Claim: Seventh Circuit’s Nonprecedential Affirmance in Alvarado v. Ithier

Date: Oct 2, 2025

Sham Affidavits, Video Overrides, and Strict Wisconsin Notice-of-Claim: Seventh Circuit’s Nonprecedential Affirmance in Alvarado v. Ithier Introduction In Ramon Alvarado, Jr. v. Julio Ithier and...

United States v. Luciano: Seventh Circuit Reaffirms Boundaries of Anders Review and Common Trial/Sentencing Claims in a Nonprecedential Disposition

Date: Oct 1, 2025

United States v. Luciano: Seventh Circuit Reaffirms Boundaries of Anders Review and Common Trial/Sentencing Claims in a Nonprecedential Disposition Introduction This commentary examines the Seventh...

Seventh Circuit Reaffirms Reliability-Over-Suggestiveness for Single-Photo Identifications, Proper Venue in Conspiracy Cases, and Presumptive Reasonableness of Below-Guidelines Sentences in an Anders Dismissal

Date: Oct 1, 2025

Seventh Circuit Reaffirms Reliability-Over-Suggestiveness for Single-Photo Identifications, Proper Venue in Conspiracy Cases, and Presumptive Reasonableness of Below-Guidelines Sentences in an Anders...

Refusal Is Not a Shield: Seventh Circuit Confirms That “Reasonably Calculated” Notice, Including Alternative Delivery and Judicial Notice of Associated Addresses, Satisfies OSHA Service for Summary Enforcement

Date: Oct 1, 2025

Refusal Is Not a Shield: Seventh Circuit Confirms That “Reasonably Calculated” Notice, Including Alternative Delivery and Judicial Notice of Associated Addresses, Satisfies OSHA Service for Summary...

Confidential Oversight Is Not “Public Disclosure,” and Undersheriffs Receive Absolute Immunity for On‑Duty Statements: A Commentary on Patrick Jones Jr. v. Lake County Sheriff’s Office (7th Cir. 2025)

Date: Oct 1, 2025

Confidential Oversight Is Not “Public Disclosure,” and Undersheriffs Receive Absolute Immunity for On‑Duty Statements Case: Patrick Jones Jr. v. Lake County Sheriff’s Office & Lawrence Oliver Court:...

Harmless Error Permits Reliance on a Dismissed Co‑Defendant’s Expert Disclosure: Seventh Circuit Affirms Summary Judgment Where Opponent Had Notice and Opportunity to Respond

Date: Sep 30, 2025

Harmless Error Permits Reliance on a Dismissed Co‑Defendant’s Expert Disclosure Seventh Circuit Affirms Summary Judgment Where Opponent Had Notice and Opportunity to Respond Introduction In a...

Systemwide Conditions Are Not “Adverse Employment Actions” Absent Individualized Harm After Muldrow: Commentary on Bowman v. City of Chicago Board of Education (7th Cir. 2025)

Date: Sep 30, 2025

Systemwide Conditions Are Not “Adverse Employment Actions” Absent Individualized Harm After Muldrow Commentary on Bowman v. City of Chicago Board of Education (7th Cir. Sept. 29, 2025) Introduction...

Reasonable Misperception of a Drawn Gun Supports Qualified Immunity Even with Inconclusive Bodycam Footage

Date: Sep 27, 2025

Reasonable Misperception of a Drawn Gun Supports Qualified Immunity Even with Inconclusive Bodycam Footage Introduction This commentary analyzes the Seventh Circuit’s decision in Earnise Pam v. City...

Preserving Johnson-Based AEDPA Timeliness Arguments: Seventh Circuit Affirms Forfeiture and Emphasizes Deference on Sentencing-Reliance Claims

Date: Sep 26, 2025

Preserving Johnson-Based AEDPA Timeliness Arguments: Seventh Circuit Affirms Forfeiture and Emphasizes Deference on Sentencing-Reliance Claims Case: Devin Seats v. Mindi Nurse (Warden) — United...

No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses — NHC LLC v. Centaur Construction Co.

Date: Sep 26, 2025

No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses Case: NHC LLC v. Centaur Construction Company Inc., et al. Court: United...

No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments in Elion v. United States

Date: Sep 26, 2025

No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments Introduction In Otis R. Elion v. United States, No. 24-3014 (7th...

No Federal Do‑Over: Postconviction Counsel’s Inaction Bars § 2254 Evidentiary Development; State “Missing‑Evidence” Inference Not Cognizable Under § 2254(d)(1)

Date: Sep 24, 2025

No Federal Do‑Over: Postconviction Counsel’s Inaction Bars § 2254 Evidentiary Development; State “Missing‑Evidence” Inference Not Cognizable Under § 2254(d)(1) Introduction This Seventh Circuit...

Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill

Date: Sep 13, 2025

Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill Introduction United States v. John P. Seiwert is the...

AMP Means Price Realized: Seventh Circuit Holds Wholesaler Clawbacks Must Be Included and Are Not Bona Fide Service Fees under the Medicaid Drug Rebate Program

Date: Sep 12, 2025

AMP Means Price Realized: Seventh Circuit Holds Wholesaler Clawbacks Must Be Included and Are Not Bona Fide Service Fees under the Medicaid Drug Rebate Program Introduction In a sweeping False Claims...

“Price Realized Means Price Paid”: Seventh Circuit Requires AMP to Include Clawbacks and Clarifies FCA Falsity, Scienter, and Materiality

Date: Sep 12, 2025

“Price Realized Means Price Paid”: Seventh Circuit Requires AMP to Include Clawbacks and Clarifies FCA Falsity, Scienter, and Materiality Case: United States, et al., ex rel. Ronald J. Streck v. Eli...

“AMP Means the Price Actually Realized”: Seventh Circuit Requires Inclusion of Wholesaler Clawbacks and Clarifies Objective Falsity Under the FCA

Date: Sep 12, 2025

“AMP Means the Price Actually Realized”: Seventh Circuit Requires Inclusion of Wholesaler Clawbacks and Clarifies Objective Falsity Under the FCA Introduction In United States, et al., ex rel. Ronald...

AMP Means the Price Realized: Seventh Circuit Holds Post‑Sale “Clawbacks” Must Be Included and Are Not Bona Fide Service Fees (United States ex rel. Streck v. Eli Lilly)

Date: Sep 12, 2025

AMP Means the Price Realized: Post‑Sale “Clawbacks” Must Be Included and Are Not Bona Fide Service Fees United States ex rel. Streck v. Eli Lilly and Company (7th Cir. Sept. 11, 2025) Introduction...