7th Circuit Case Commentaries

No Unsupported Facts: Seventh Circuit Clarifies Standing, Government Proof Duties, and the Scope of Supervised‑Release Searches in United States v. Dixon

Date: May 8, 2025

No Unsupported Facts: Seventh Circuit Clarifies Standing, Government Proof Duties, and the Scope of Supervised‑Release Searches in United States v. Dixon Introduction In United States v. Marcus T....

Seventh Circuit reaffirms: Treatment disagreements and unsupported delay allegations do not establish Eighth Amendment deliberate indifference absent verifying harm

Date: May 8, 2025

Seventh Circuit reaffirms: Treatment disagreements and unsupported delay allegations do not establish Eighth Amendment deliberate indifference absent verifying harm Case: Jatavious Webster v. Barry...

Ollison v. Gossett: Seventh Circuit tightens limits on constructive amendments at summary judgment and demands fact‑specific pleadings for systemic deliberate indifference against wardens

Date: May 8, 2025

Ollison v. Gossett: Seventh Circuit tightens limits on constructive amendments at summary judgment and demands fact‑specific pleadings for systemic deliberate indifference against wardens...

Ferrari v. Link: Permissibility of Police‐Escort Requirements in Public Buildings Absent Viewpoint Discrimination

Date: May 6, 2025

Ferrari v. Link: Permissibility of Police‐Escort Requirements in Public Buildings Absent Viewpoint Discrimination Introduction In Patrick M. Ferrari v. Todd Link, the Seventh Circuit addressed...

Establishing Knowing Possession of Child Pornography Through Cached Thumbnails and Circumstantial Evidence

Date: May 6, 2025

Establishing Knowing Possession of Child Pornography Through Cached Thumbnails and Circumstantial Evidence 1. Introduction This commentary examines the Seventh Circuit’s decision in United States v....

Cached Thumbnails as Evidence of Knowing Possession in Child Pornography Prosecutions

Date: May 6, 2025

Cached Thumbnails as Evidence of Knowing Possession in Child Pornography Prosecutions Introduction United States v. Edward C. Brown is a Seventh Circuit decision upholding a conviction for possession...

Consent Threshold for Eighth Amendment Prison Sexual Abuse Claims

Date: May 3, 2025

Consent Threshold for Eighth Amendment Prison Sexual Abuse Claims Introduction David C.L. Walton, a state prisoner in Wisconsin, sued prison nurse Ashley Nehls under 42 U.S.C. § 1983, alleging that...

Clarifying Attorney Disclosure Obligations and Proximate Cause in Legal Malpractice: Signal Funding v. Sugar Felsenthal

Date: May 3, 2025

Clarifying Attorney Disclosure Obligations and Proximate Cause in Legal Malpractice: Signal Funding v. Sugar Felsenthal Introduction Signal Funding, LLC (“Signal”) is a pre-settlement...

Clarifying Insurer Duty to Defend BIPA Claims: Access or Disclosure vs. Statutory Violations Exclusions

Date: May 3, 2025

Clarifying Insurer Duty to Defend BIPA Claims: Access or Disclosure vs. Statutory Violations Exclusions Introduction This commentary examines Citizens Insurance Company of America v. Mullins Food...

Signal Funding v. Sugar Felsenthal: Clarifying Fraudulent Concealment and Disclosure Duties in Attorney-Client Relations

Date: May 3, 2025

Signal Funding v. Sugar Felsenthal: Clarifying Fraudulent Concealment and Disclosure Duties in Attorney-Client Relations Introduction In Signal Funding, LLC v. Sugar Felsenthal Grais & Helsinger LLP,...

Reaffirming Deference to Sentencing Guidelines Commentary under Stinson: Inclusion of Intended Loss in U.S.S.G. §2B1.1 Calculations

Date: May 1, 2025

Reaffirming Deference to Sentencing Guidelines Commentary under Stinson: Inclusion of Intended Loss in U.S.S.G. §2B1.1 Calculations Introduction United States v. Eric Upchurch is a Seventh Circuit...

Jurisdictional Boundaries for Voluntary Dismissals and Contractual Fee Awards Post-Rule 41(a)(1)(A)(i)

Date: Apr 30, 2025

Jurisdictional Boundaries for Voluntary Dismissals and Contractual Fee Awards Post-Rule 41(a)(1)(A)(i) Introduction AAA Gaming LLC and Illinois Gaming Investments, LLC (“Plaintiffs”) entered into a...

Harmless Procedural Error and Sentencing Discretion Under §3553(a) and §5G1.2: United States v. Rogers

Date: Apr 30, 2025

Harmless Procedural Error and Sentencing Discretion Under §3553(a) and §5G1.2: United States v. Rogers Introduction In United States v. Patrick D. Rogers, No. 24-2125 (7th Cir. Apr. 29, 2025), the...

Qualified Immunity Shields Child Protective Workers and Medical Consultants in Emergency Seizures

Date: Apr 29, 2025

Qualified Immunity Shields Child Protective Workers and Medical Consultants in Emergency Seizures Introduction Erika Mabes and Brian Mabes brought suit under 42 U.S.C. § 1983 after the Indiana...

Qualified Immunity in Child Welfare Proceedings: Individualized Analysis of Medical Consultants and Caseworkers

Date: Apr 29, 2025

Qualified Immunity in Child Welfare Proceedings: Individualized Analysis of Medical Consultants and Caseworkers Introduction Erika Mabes v. Angela McFeeley is a Seventh Circuit decision clarifying...

Expanding “Consumer” in Lanham Act False Advertising & Reinforcing Trade Dress Protections: Republic Technologies v. BBK Tobacco & Foods

Date: Apr 26, 2025

Expanding “Consumer” in Lanham Act False Advertising & Reinforcing Trade Dress Protections: Republic Technologies v. BBK Tobacco & Foods Introduction In Republic Technologies (NA), LLC v. BBK Tobacco...

Expanding “Consumer” in False Advertising & Affirming Trade Dress Infringement: Republic Technologies v. BBK Tobacco

Date: Apr 26, 2025

Expanding “Consumer” in False Advertising & Affirming Trade Dress Infringement: Republic Technologies (NA), LLC v. BBK Tobacco & Foods, LLP Introduction In Republic Technologies (NA), LLC v. BBK...

Amendment to U.S.S.G. §4A1.3(b)(1) Advisory: No Mandate for Downward Variance Based on Minor Marijuana Conviction

Date: Apr 26, 2025

Amendment to U.S.S.G. §4A1.3(b)(1) Advisory: No Mandate for Downward Variance Based on Minor Marijuana Conviction Introduction United States v. Carlos Estrada, Nos. 23-3370 & 23-3378 (7th Cir. Apr....

Application Note 1 Remains Authoritative: Upholding Auer Deference to Sentencing Guidelines Commentary After Kisor and Loper Bright

Date: Apr 26, 2025

Application Note 1 Remains Authoritative: Upholding Auer Deference to Sentencing Guidelines Commentary After Kisor and Loper Bright Introduction United States v. Raymond Poore is a Seventh Circuit...

Clarifying Downward Variances Under Revised U.S.S.G. §4A1.3: United States v. Carlos Estrada

Date: Apr 26, 2025

Clarifying Downward Variances Under Revised U.S.S.G. §4A1.3: United States v. Carlos Estrada Introduction This commentary examines the Seventh Circuit’s April 25, 2025 decision in United States v....