7th Circuit Case Commentaries

Seventh Circuit Establishes FSMA Whistleblower Retaliation Framework: SOX-Style Elements, Actual-Decisionmaker Knowledge, and “Contributing Factor” Causation

Date: Aug 14, 2026

Seventh Circuit Establishes FSMA Whistleblower Retaliation Framework: SOX-Style Elements, Actual-Decisionmaker Knowledge, and “Contributing Factor” Causation I. Introduction Case: Aisha Putnam v....

Independent Counsel Under Illinois Law Requires an Actual Insurer–Insured Conflict; Co-Insured Adversity Alone Is Insufficient

Date: Aug 7, 2026

Independent Counsel Under Illinois Law Requires an Actual Insurer–Insured Conflict; Co-Insured Adversity Alone Is Insufficient 1. Introduction Consolidated Chassis Management LLC v. Northland...

Section 1926(b) Protection Requires Timely, Responsive Service After a Request—Years of Inaction Defeat “Made Available”

Date: Aug 7, 2026

Section 1926(b) Protection Requires Timely, Responsive Service After a Request—Years of Inaction Defeat “Made Available” 1. Introduction Dupont Water Company, Inc. v. City of Madison, Indiana (7th...

Viewpoint-Based Moderation of Open Municipal Website Comment Sections Is Clearly Unconstitutional (No Qualified Immunity)

Date: Aug 7, 2026

Viewpoint-Based Moderation of Open Municipal Website Comment Sections Is Clearly Unconstitutional (No Qualified Immunity) Case: Elizabeth Schulte v. Kenneth J. Leners and Town of Cedar Lake,...

United States v. Pena: Waiver of Rule 32.1 Revocation Protections by Electing to Proceed, and Mandatory Specificity for “Risk-Notification” Supervised-Release Conditions

Date: Aug 7, 2026

United States v. Pena: Waiver of Rule 32.1 Revocation Protections by Electing to Proceed, and Mandatory Specificity for “Risk-Notification” Supervised-Release Conditions Court: U.S. Court of Appeals...

Independent Counsel Under Illinois Law Requires an Actual Insurer–Insured Conflict (Not Mere Co‑Insured Adversity)

Date: Aug 7, 2026

Independent Counsel Under Illinois Law Requires an Actual Insurer–Insured Conflict (Not Mere Co‑Insured Adversity) Case: Consolidated Chassis Management LLC v. Northland Insurance Company Court:...

Cross-Drug Rule 404(b) Evidence Is Inadmissible When It Depends on “Drug Dealer” Propensity; Limited Closing-Rebuttal Framing Is Not a Griffin Comment

Date: Aug 7, 2026

Cross-Drug Rule 404(b) Evidence Is Inadmissible When It Depends on “Drug Dealer” Propensity; Limited Closing-Rebuttal Framing Is Not a Griffin Comment Introduction United States v. Miguel A....

Actual Insurer–Insured Conflict (Not Mere Co-Insured Adversity) Required to Compel Insurer-Funded Independent Counsel Under Illinois Law

Date: Aug 7, 2026

Actual Insurer–Insured Conflict (Not Mere Co-Insured Adversity) Required to Compel Insurer-Funded Independent Counsel Under Illinois Law Case: Consolidated Chassis Management LLC v. Northland...

FCRA § 1681s-2(b): Forfeiture of “Reasonable Investigation” Challenges and When a Furnisher’s Investigation Is “Beyond Question” at Summary Judgment

Date: Jul 26, 2026

FCRA § 1681s-2(b): Forfeiture of “Reasonable Investigation” Challenges and When a Furnisher’s Investigation Is “Beyond Question” at Summary Judgment 1. Introduction In Claudette Jordan v. M&T Bank...

Seventh Circuit: Failure-to-Warn Causation Requires Non-Speculative Proof That an Alternative Label Would Have Changed Medical Feeding Decisions

Date: Jul 25, 2026

Seventh Circuit: Failure-to-Warn Causation Requires Non-Speculative Proof That an Alternative Label Would Have Changed Medical Feeding Decisions Case: Ericka Mar v. Abbott Laboratories (In re: Abbott...

United States v. Barnett K. Fung (7th Cir. July 24, 2026) Commentary

Date: Jul 25, 2026

Pharmacist–Prescriber Communications as Lay Testimony and “Isolated, Inadvertent” Addiction References: Seventh Circuit Guardrails in § 841(a) Prescriber Prosecutions United States v. Barnett K....

Post-Prince/Watson Anders Dismissals: § 922(g)(1) Challenges Are Frivolous for Drug-Delivery Felons and Scrivener’s-Error Indictment Fixes Are Permissible

Date: Jul 25, 2026

Post-Prince/Watson Anders Dismissals: § 922(g)(1) Challenges Are Frivolous for Drug-Delivery Felons and Scrivener’s-Error Indictment Fixes Are Permissible 1. Introduction In United States v. James...

Intervening Misconduct as Superseding Cause and the Evidentiary Limits of “Best Practices” in Eighth Amendment Suicide-Watch Claims

Date: Jul 24, 2026

Intervening Misconduct as Superseding Cause and the Evidentiary Limits of “Best Practices” in Eighth Amendment Suicide-Watch Claims I. Introduction Brad Passwater v. Tricia Pretorius, et al. is a...

Indiana “Unaware Touching” Sexual Battery Is a Guidelines “Forcible Sex Offense” (and Thus a “Crime of Violence”) Under U.S.S.G. § 2K2.1(a)(4)(A)

Date: Jul 24, 2026

Indiana “Unaware Touching” Sexual Battery Is a Guidelines “Forcible Sex Offense” (and Thus a “Crime of Violence”) Under U.S.S.G. § 2K2.1(a)(4)(A) Introduction In United States v. Larry Doss (7th Cir....

Title VII “Single-Pile” Causation Allows Culture-and-Process Evidence to Defeat Summary Judgment; HR Managers’ Reporting Is Protected Opposition Without a Heightened “HR Exception”

Date: Jul 24, 2026

Title VII “Single-Pile” Causation Allows Culture-and-Process Evidence to Defeat Summary Judgment; HR Managers’ Reporting Is Protected Opposition Without a Heightened “HR Exception” Case: Debra Pratt...

Foreclosure-Era Relocation Fees and Good-Faith Lease Renewals Are Not Per Se Takings When They Function as Landlord–Tenant Regulation

Date: Jul 24, 2026

Foreclosure-Era Relocation Fees and Good-Faith Lease Renewals Are Not Per Se Takings When They Function as Landlord–Tenant Regulation I. Introduction In BBLI Edison, LLC v. City of Chicago (7th Cir....

Qualified Immunity Where Protest Crowd-Control Munitions Strike an Unintended Target; Retaliation Requires Evidence of Intentional Targeting

Date: Jul 24, 2026

Qualified Immunity Where Protest Crowd-Control Munitions Strike an Unintended Target; Retaliation Requires Evidence of Intentional Targeting Introduction Alyssa Schukar v. Kenosha County (7th Cir....

U.S.S.G. § 1B1.2(d) Cannot Apply Without a Beyond-a-Reasonable-Doubt Finding That the Defendant Conspired to Each Object Offense

Date: Jul 24, 2026

U.S.S.G. § 1B1.2(d) Cannot Apply Without a Beyond-a-Reasonable-Doubt Finding That the Defendant Conspired to Each Object Offense Case: United States v. Katrail Bridges (7th Cir. July 21, 2026)...

Victim Allegations—Even If Inconsistent—Can Supply Probable Cause; Conditional Assurances Do Not Vitiate Consent to Home Entry

Date: Jul 23, 2026

Victim Allegations—Even If Inconsistent—Can Supply Probable Cause; Conditional Assurances Do Not Vitiate Consent to Home Entry Introduction Charles Friend v. City of Decatur, Illinois (7th Cir. July...

AEDPA Deference to State Brady/Strickland No-Prejudice Findings When Suppressed Evidence Is Cumulative of Disclosed Materials

Date: Jul 22, 2026

AEDPA Deference to State Brady/Strickland No-Prejudice Findings When Suppressed Evidence Is Cumulative of Disclosed Materials I. Introduction Jeffrey Hineman v. Daisy Chase is a federal habeas case...