7th Circuit Case Commentaries

AMP Must Include Price-Value Clawbacks: The Seventh Circuit’s plain-meaning rule for Medicaid rebate reporting and the limits of “reasonable assumptions” under the FCA

Date: Sep 12, 2025

AMP Must Include Price-Value Clawbacks: The Seventh Circuit’s plain-meaning rule for Medicaid rebate reporting and the limits of “reasonable assumptions” under the FCA Introduction In United States,...

“AMP Means the Price Actually Realized”: Seventh Circuit Rejects Bona Fide Service Fee Treatment of Price-Increase Clawbacks and Affirms FCA Liability

Date: Sep 12, 2025

“AMP Means the Price Actually Realized”: Seventh Circuit Rejects Bona Fide Service Fee Treatment of Price-Increase Clawbacks and Affirms FCA Liability Introduction In United States, et al., ex rel....

Refusal of OSHA Certified Mail Does Not Defeat Service: Alternative Delivery and Judicial Notice of Address Satisfy Due Process

Date: Sep 11, 2025

Refusal of OSHA Certified Mail Does Not Defeat Service: Alternative Delivery and Judicial Notice of Address Satisfy Due Process Introduction In Lori Chavez-DeRemer v. Elmer Miller d/b/a Miller...

Seventh Circuit Reaffirms High Bar for Reversal Based on Closing-Argument Misconduct and Clarifies Evidentiary Predicate for “Future Emotional Distress” Instructions under Illinois Law

Date: Sep 8, 2025

Seventh Circuit Reaffirms High Bar for Reversal Based on Closing-Argument Misconduct and Clarifies Evidentiary Predicate for “Future Emotional Distress” Instructions under Illinois Law Introduction...

Missing a Ruth Categorical Challenge Is Not Per Se Ineffective Assistance: Stage‑Specific Limits and the “Clearly Stronger” Test in Neal v. United States (7th Cir. 2025)

Date: Sep 8, 2025

Missing a Ruth Categorical Challenge Is Not Per Se Ineffective Assistance: Stage‑Specific Limits and the “Clearly Stronger” Test in Neal v. United States (7th Cir. 2025) Introduction In Tyree M....

Reaffirming the “Verifying Medical Evidence” Rule and Expert Causation for Delay-Based Eighth Amendment Claims: Commentary on McMillen v. Wexford Health Sources, Inc. (7th Cir. 2025)

Date: Sep 8, 2025

Reaffirming the “Verifying Medical Evidence” Rule and Expert Causation for Delay-Based Eighth Amendment Claims: Commentary on McMillen v. Wexford Health Sources, Inc. (7th Cir. 2025) Introduction In...

Regulatory Complaints Are Not FCA Notice: Seventh Circuit Clarifies §3730(h) in Off‑Label Marketing and Third‑Party Causation (Lewis v. AbbVie)

Date: Sep 8, 2025

Regulatory Complaints Are Not FCA Notice: Seventh Circuit Clarifies §3730(h) in Off‑Label Marketing and Third‑Party Causation Commentary on Jeffrey Lewis v. AbbVie Inc., Court of Appeals for the...

Reaffirming Key Sex‑Trafficking Sentencing Enhancements and Mandatory Restitution: Seventh Circuit Dismisses Appeal Under Anders in United States v. Arnold

Date: Sep 8, 2025

Reaffirming Key Sex‑Trafficking Sentencing Enhancements and Mandatory Restitution: Seventh Circuit Dismisses Appeal Under Anders in United States v. Arnold Introduction In United States v. Daryl S....

“Crowded-and-Confined” Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Firearm Restriction under Bruen

Date: Sep 4, 2025

“Crowded-and-Confined” Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Firearm Restriction under Bruen Introduction This Seventh Circuit decision addresses whether Illinois may bar...

“Crowded and Confined” as Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Carry Restriction and Articulates a Five-Factor Limiting Principle under Bruen

Date: Sep 4, 2025

“Crowded and Confined” as Sensitive Places: Seventh Circuit Upholds Illinois’s Transit Carry Restriction and Articulates a Five-Factor Limiting Principle under Bruen Introduction In Benjamin...

Seventh Circuit Draws a Line: In ERISA Disability Appeals, a Fundamentally Inconsistent Onset Date Is a New Claim Requiring Exhaustion

Date: Sep 4, 2025

Seventh Circuit Draws a Line: In ERISA Disability Appeals, a Fundamentally Inconsistent Onset Date Is a New Claim Requiring Exhaustion Introduction In Karen Moratz v. Reliance Standard Life Insurance...

Context Matters: Seventh Circuit Holds “I think so, yes” Can Be an Unequivocal Assurance of Juror Impartiality; Law‑Enforcement Family Ties Not Per Se Disqualifying

Date: Sep 4, 2025

Context Matters: Seventh Circuit Holds “I think so, yes” Can Be an Unequivocal Assurance of Juror Impartiality; Law‑Enforcement Family Ties Not Per Se Disqualifying Introduction In United States v....

“Out-of-Order” Means No Reasonable Expectation of Privacy: Seventh Circuit Clarifies Fourth Amendment Limits in Unlocked, Non‑Functional Public Restrooms

Date: Sep 4, 2025

“Out-of-Order” Means No Reasonable Expectation of Privacy: Seventh Circuit Clarifies Fourth Amendment Limits in Unlocked, Non‑Functional Public Restrooms Introduction In United States v. Lapierre...

Seventh Circuit Clarifies: “Middlemen” Who Initiate or Conclude Transactions Are “In the Business of Laundering Funds” Under U.S.S.G. §2S1.1(b)(2)(C)

Date: Sep 4, 2025

Seventh Circuit Clarifies: “Middlemen” Who Initiate or Conclude Transactions Are “In the Business of Laundering Funds” Under U.S.S.G. §2S1.1(b)(2)(C) Introduction In United States v. Miguel...

Seventh Circuit Signals Recognition of ADEA Hostile Work Environment Claims, but Affirms for Lack of Age-Based Evidence

Date: Sep 2, 2025

Seventh Circuit Signals Recognition of ADEA Hostile Work Environment Claims, but Affirms for Lack of Age-Based Evidence Introduction In Tanya Blumenshine v. Bloomington School District No. 87, the...

Expert Evidence, Causation, and Pattern Proof: Seventh Circuit Tightens Eighth Amendment and Monell Paths in Prison Mental-Health Cases

Date: Aug 31, 2025

Expert Evidence, Causation, and Pattern Proof: Seventh Circuit Tightens Eighth Amendment and Monell Paths in Prison Mental-Health Cases Introduction In Cordell Sanders v. Andrea Moss, et al., the...

Protected Advice at Life’s End: Seventh Circuit Holds Indiana’s Funeral-Licensing Ban on Death-Doula Counseling Fails Even Under Intermediate Scrutiny—and Consent Orders Don’t Waive Federal Rights

Date: Aug 31, 2025

Protected Advice at Life’s End: Seventh Circuit Holds Indiana’s Funeral-Licensing Ban on Death-Doula Counseling Fails Even Under Intermediate Scrutiny—and Consent Orders Don’t Waive Federal Rights...

“Promoting the Enactment of Legislation” Qualifies as an Official Act; No Per Se Miranda Rule During Warrant Stops; No Duty to Delay Sentencing for Pending Guidelines Amendments — Commentary on United States v. Weiss (7th Cir. 2025)

Date: Aug 31, 2025

“Promoting the Enactment of Legislation” Qualifies as an Official Act; No Per Se Miranda Rule During Warrant Stops; No Duty to Delay Sentencing for Pending Guidelines Amendments — Commentary on...

No Innocent Construction for Accusations of POA Self‑Dealing; Employee Admissions Admissible to Prove Abuse of Qualified Privilege; Estate-Administrator Access Falls Within PIPA’s Good‑Faith Exception

Date: Aug 31, 2025

No Innocent Construction for Accusations of POA Self‑Dealing; Employee Admissions Admissible to Prove Abuse of Qualified Privilege; Estate-Administrator Access Falls Within PIPA’s Good‑Faith...

Intended Loss Includes Pre‑Scheme Funds Placed at Risk; No Investor‑by‑Investor Tracing Required, and Restitution May Cover All Scheme Victims — United States v. Miller (7th Cir. 2025)

Date: Aug 31, 2025

Intended Loss Includes Pre‑Scheme Funds Placed at Risk; No Investor‑by‑Investor Tracing Required, and Restitution May Cover All Scheme Victims — United States v. Miller (7th Cir. 2025) Introduction...