7th Circuit Case Commentaries

Seventh Circuit Holds: Subscribing to Any Service From a Video Provider—Even Free, Non‑Video Services—Creates “Consumer” Status Under the VPPA

Date: Mar 29, 2025

Seventh Circuit Holds: Subscribing to Any Service From a Video Provider—Even Free, Non‑Video Services—Creates “Consumer” Status Under the VPPA Introduction In David Vance Gardner v. MeTV, the United...

Refining Standards for Pseudonymous Litigation in Title IX Proceedings

Date: Mar 28, 2025

Refining Standards for Pseudonymous Litigation in Title IX Proceedings Introduction This case arises from John Doe’s challenge to the University of Illinois’s Title IX investigation and dismissal of...

Implausibility Is Not Enough: Seventh Circuit Reaffirms Deference to District Courts’ Franks Credibility Findings and Cautions Against “Bound to Credit” Language

Date: Mar 27, 2025

Implausibility Is Not Enough: Seventh Circuit Reaffirms Deference to District Courts’ Franks Credibility Findings and Cautions Against “Bound to Credit” Language Introduction In United States v....

Indemnification Tips the Scale: Seventh Circuit Holds Indiana Prosecutor’s Offices Are Arms of the State for Employment Decisions; Title VII’s 90-Day Clock Starts Upon Notice of Right-to-Sue Letter

Date: Mar 27, 2025

Indemnification Tips the Scale: Seventh Circuit Holds Indiana Prosecutor’s Offices Are Arms of the State for Employment Decisions; Title VII’s 90-Day Clock Starts Upon Notice of Right-to-Sue Letter...

Revocation Sentences Are Part of the Original “Covered Offense” for First Step Act §404 Relief; Concurrency Alone Does Not Create an Aggregate Sentence

Date: Mar 27, 2025

Revocation Sentences Are Part of the Original “Covered Offense” for First Step Act §404 Relief; Concurrency Alone Does Not Create an Aggregate Sentence Introduction In United States v. John Johnson,...

“Same-Risk” Foreseeability in Negligent-Security Claims: Seventh Circuit Holds Targeted, Unprovoked Drive‑Thru Shooting at Wendy’s Unforeseeable as a Matter of Law

Date: Mar 26, 2025

“Same-Risk” Foreseeability in Negligent-Security Claims: Seventh Circuit Holds Targeted, Unprovoked Drive‑Thru Shooting at Wendy’s Unforeseeable as a Matter of Law Introduction This appeal arises...

AVAA Assessments Are Mandatory, Amounts Must Be Individually Reasoned: Seventh Circuit Clarifies § 2259A in United States v. Gregory Johnson

Date: Mar 26, 2025

AVAA Assessments Are Mandatory, Amounts Must Be Individually Reasoned: Seventh Circuit Clarifies § 2259A Introduction In United States v. Gregory Johnson, the Seventh Circuit addressed a recurring...

Stepwise “Chain-of-Events” Proof in CAT Claims: Seventh Circuit (Nonprecedential) Endorses Link-by-Link Analysis and Clarifies that Forced Labor to Repay a Cartel Debt, Without More, Is Not Torture

Date: Mar 26, 2025

Stepwise “Chain-of-Events” Proof in CAT Claims: Seventh Circuit (Nonprecedential) Endorses Link-by-Link Analysis and Clarifies that Forced Labor to Repay a Cartel Debt, Without More, Is Not Torture...

Retrospective Competency on Habeas: Trial Demeanor and Counsel’s Observations Can Outweigh Low IQ and Mental Illness (Powers v. Noble, 7th Cir. 2025)

Date: Mar 26, 2025

Retrospective Competency on Habeas: Trial Demeanor and Counsel’s Observations Can Outweigh Low IQ and Mental Illness Case: Jacob Alan Powers v. Jon Noble Court: United States Court of Appeals for the...

No Automatic Fee-Shifting After Bad-Faith Trusteeships: Seventh Circuit Reaffirms Highly Deferential Review of Equitable Attorneys’ Fees Awards

Date: Mar 25, 2025

No Automatic Fee-Shifting After Bad-Faith Trusteeships: Seventh Circuit Reaffirms Highly Deferential Review of Equitable Attorneys’ Fees Awards Introduction In Raza Siddiqui v. National Association...

Intrinsically Violent Kidnapping and Statutory Minimum Sentencing: A New Precedent from United States v. Lamar E. Sanders

Date: Mar 24, 2025

Intrinsically Violent Kidnapping and Statutory Minimum Sentencing: A New Precedent from United States v. Lamar E. Sanders Introduction United States v. Lamar E. Sanders is a significant case rendered...

Clarifying the Limits of Investigatory Stops and Frisk: A New Precedent on Unlawful Detention and Qualified Immunity

Date: Mar 24, 2025

Clarifying the Limits of Investigatory Stops and Frisk: A New Precedent on Unlawful Detention and Qualified Immunity Introduction The case of Isaiah Taylor, Plaintiff-Appellant, v. Justin...

New Precedent: Equitable Imposition of Constructive Trust to Prevent Unjust Enrichment in Commission Disputes

Date: Mar 24, 2025

New Precedent: Equitable Imposition of Constructive Trust to Prevent Unjust Enrichment in Commission Disputes Introduction The case of LQD BUSINESS FINANCE, LLC v. AKF, INC., et al. marks an...

Refining Pretrial Challenges and Sentencing Adjustments: The Seventh Circuit’s Stovall Decision

Date: Mar 24, 2025

Refining Pretrial Challenges and Sentencing Adjustments: The Seventh Circuit’s Stovall Decision Introduction The judgment in UNITED STATES OF AMERICA v. Bashiek Stovall, decided on March 17, 2025, by...

Reinterpreting "Telephone Solicitation": Emphasizing Caller Intent in the TCPA

Date: Mar 24, 2025

Reinterpreting "Telephone Solicitation": Emphasizing Caller Intent in the TCPA Introduction This commentary examines the United States Court of Appeals, Seventh Circuit’s decision in the case of...

Defining Generic Arson Under 18 U.S.C. §844(i): Revolutionizing the Categorization of Arson Offenses in Career Offender Convictions

Date: Mar 24, 2025

Defining Generic Arson Under 18 U.S.C. §844(i): Revolutionizing the Categorization of Arson Offenses in Career Offender Convictions Introduction The case, United States of America v. Quintin T....

Clarifying Deliberate Indifference Standards in Prisoner Medical Claims: Personal Involvement and COVID-19 Delays

Date: Mar 22, 2025

Clarifying Deliberate Indifference Standards in Prisoner Medical Claims: Personal Involvement and COVID-19 Delays Introduction Laquan Perkins, an inmate at Pinckneyville Correctional Center in...

Automated Administrative Credentials and Equal Protection: No §1983 Liability Absent Discriminatory Intent

Date: Mar 22, 2025

Automated Administrative Credentials and Equal Protection: No §1983 Liability Absent Discriminatory Intent Introduction In John Covington v. Andrea Chasteen, No. 24-1429 (7th Cir. Mar. 21, 2025), the...

Clarifying Standards for Waiver of Counsel and Anders‐Review in Fraud Prosecutions

Date: Mar 22, 2025

Clarifying Standards for Waiver of Counsel and Anders‐Review in Fraud Prosecutions 1. Introduction The Seventh Circuit’s nonprecedential decision in United States v. Francis Burns addresses two...

Clarifying §1983 Accrual and Immunity: State-Action, Timeliness, and Witness/Prosecutorial Protection in Kirkpatrick v. Williamson County

Date: Mar 22, 2025

Clarifying §1983 Accrual and Immunity: State-Action, Timeliness, and Witness/Prosecutorial Protection in Kirkpatrick v. Williamson County Introduction Elisa Kirkpatrick, a former Illinois‐licensed...