7th Circuit Case Commentaries

Enforcing Mortgage Promises Under the Statute of Frauds: The Imperative of Definitive Writings

Date: Mar 13, 2025

Enforcing Mortgage Promises Under the Statute of Frauds: The Imperative of Definitive Writings Introduction The case of Charles Bich and Bruno Bich Trust v. WW3 LLC and Curt D. Waldvogel, decided by...

Affirming NFA Registration Requirements: Upholding Miller in the Post‐Bruen Era

Date: Mar 13, 2025

Affirming NFA Registration Requirements: Upholding Miller in the Post‐Bruen Era Introduction In the case United States of America v. Jamond M. Rush, the Seventh Circuit was tasked with addressing a...

Affirming Intentional Waiver: A Landmark Clarification on Supervised Release Conditions

Date: Mar 13, 2025

Affirming Intentional Waiver: A Landmark Clarification on Supervised Release Conditions Introduction The case of United States of America v. Edward Gibbs represents a significant development in the...

Garcetti Does Not Bar First Amendment Protection for Public University Teaching: Academic Speech Proceeds Under Connick–Pickering

Date: Mar 13, 2025

Garcetti Does Not Bar First Amendment Protection for Public University Teaching: Academic Speech Proceeds Under Connick–Pickering Case: Jason Kilborn v. Michael Amiridis Court: United States Court of...

Seventh Circuit: Sentencing Commission Cannot Use U.S.S.G. § 1B1.13(b)(6) to Treat First Step Act § 924(c) Anti-Stacking Change as an “Extraordinary and Compelling” Reason

Date: Mar 12, 2025

Seventh Circuit: Sentencing Commission Cannot Use U.S.S.G. § 1B1.13(b)(6) to Treat First Step Act § 924(c) Anti-Stacking Change as an “Extraordinary and Compelling” Reason Introduction United States...

Sentencing Commission Cannot Authorize Compassionate Release Based on First Step Act § 924(c) Anti-Stacking in the Seventh Circuit (Thacker Controls over U.S.S.G. § 1B1.13(b)(6))

Date: Mar 12, 2025

Sentencing Commission Cannot Authorize Compassionate Release Based on First Step Act § 924(c) Anti-Stacking in the Seventh Circuit (Thacker Controls over U.S.S.G. § 1B1.13(b)(6)) 1. Introduction...

Seventh Circuit Invalidates U.S.S.G. § 1B1.13(b)(6) as Applied to First Step Act § 924(c) Anti-Stacking: Commission Cannot Use Compassionate Release to Create De Facto Retroactivity

Date: Mar 12, 2025

Seventh Circuit Invalidates U.S.S.G. § 1B1.13(b)(6) as Applied to First Step Act § 924(c) Anti-Stacking: Commission Cannot Use Compassionate Release to Create De Facto Retroactivity I. Introduction...

The Imperative of Documented Medical Justification for Reasonable Accommodations under the Rehabilitation Act

Date: Mar 11, 2025

The Imperative of Documented Medical Justification for Reasonable Accommodations under the Rehabilitation Act Introduction The case of Bradley T. Ellerman v. Brooke L. Rollins, United States...

Judicial Recognition of Exhaustion Evidence in Prisoner Grievance Proceedings: The Titus Henderson Standard

Date: Mar 11, 2025

Judicial Recognition of Exhaustion Evidence in Prisoner Grievance Proceedings: The Titus Henderson Standard Introduction This commentary examines the recent decision in Titus Henderson v. Jason...

Preservation of Appellate Issues: Golden v. Cox and the Imperative of Timely Objections

Date: Mar 11, 2025

Preservation of Appellate Issues: Golden v. Cox and the Imperative of Timely Objections Introduction The case of ERIC GOLDEN, Plaintiff-Appellant, v. IAN COX, et al., Defendants-Appellees, decided by...

Establishing Reasonable Foreseeability in Wire Fraud: The Gustafson Precedent

Date: Mar 11, 2025

Establishing Reasonable Foreseeability in Wire Fraud: The Gustafson Precedent Introduction The case of United States of America v. Brian Gustafson, decided by the United States Court of Appeals for...

“Backed by the Land” Is a Mortgage: Wisconsin Statute of Frauds Requires a Signed Writing Identifying the Conveyed Security Interest

Date: Mar 11, 2025

“Backed by the Land” Is a Mortgage: Wisconsin Statute of Frauds Requires a Signed Writing Identifying the Conveyed Security Interest Introduction In Charles Bich v. WW3 LLC (7th Cir. Mar. 10, 2025),...

Post-Bruen Validity of NFA Registration for Short-Barreled Rifles: Miller Remains Controlling

Date: Mar 11, 2025

Post-Bruen Validity of NFA Registration for Short-Barreled Rifles: Miller Remains Controlling I. Introduction United States v. Jamond Rush (7th Cir. Mar. 10, 2025) addresses whether 26 U.S.C....

Seventh Circuit: Tax Injunction Act/Comity Bar Federal § 1983 Tax Challenges, but Wisconsin Certiorari Dismissal Does Not Preclude § 1983 Road-Taking/Retaliation Claims

Date: Mar 11, 2025

Seventh Circuit: Tax Injunction Act/Comity Bar Federal § 1983 Tax Challenges, but Wisconsin Certiorari Dismissal Does Not Preclude § 1983 Road-Taking/Retaliation Claims 1. Introduction Thomas Ghelf...

Upholding Judicial Impartiality While Limiting Equitable Tolling: A Clarification of Recusal and Bias Standards

Date: Mar 6, 2025

Upholding Judicial Impartiality While Limiting Equitable Tolling: A Clarification of Recusal and Bias Standards Introduction In the recent case of Kevin Pettis, Petitioner-Appellant, v. United States...

Incorporation by Reference: Clarifying the Judicial Use of Proposed Conditions in Supervised Release Revocation

Date: Mar 6, 2025

Incorporation by Reference: Clarifying the Judicial Use of Proposed Conditions in Supervised Release Revocation Introduction In the case of United States of America v. Anthony Moneyham, the United...

Clarifying Prior Conviction Validity in Sentencing: The Plain Error Threshold and Its Implications

Date: Mar 6, 2025

Clarifying Prior Conviction Validity in Sentencing: The Plain Error Threshold and Its Implications Introduction In the case of UNITED STATES OF AMERICA v. RALPH THOMPSON (Case No. 24-1390), the...

Revocation Sentencing and Permissible Considerations: Balancing Procedural Integrity and Public Safety

Date: Mar 6, 2025

Revocation Sentencing and Permissible Considerations: Balancing Procedural Integrity and Public Safety Introduction The recent judgment in United States of America v. Brian D. Broadfield (Case No....

Clarifying Deliberate Indifference: Reinforcing the Subjective Knowledge Requirement in Prison Suicide Claims

Date: Feb 28, 2025

Clarifying Deliberate Indifference: Reinforcing the Subjective Knowledge Requirement in Prison Suicide Claims Introduction The case of Dequarius D. Fitzpatrick v. Delmar Fairchild serves as a...

Establishing the Limits of Reasonable Suspicion in Jail Strip Searches

Date: Feb 28, 2025

Establishing the Limits of Reasonable Suspicion in Jail Strip Searches Introduction The case of Raquel Haro v. Porter County, Indiana, Darrolyn S. Bradley, and Porter County Sheriff's Department...