Issue Exhaustion and CAT Deferral: Waiver for Not Challenging “Particularly Serious Crime” Findings Before the BIA; Generalized Country Conditions and Non-Acquiescing Governments Do Not Suffice 1....
LMRA § 301 Complete Preemption of State Tort Claims That Require CBA Interpretation (Including “Publication” for Defamation and “Outrageousness” for IIED) 1. Introduction Case: Pete Szmurlo v. TK...
Rule 3(c)(4) “Merger” and Local-Rule Admissions: Interlocutory Orders Reviewable on Appeal and Unrebutted Facts Supporting Summary Judgment in an ADA Termination Case 1. Introduction In Jacqualine...
ADEA Claims Challenging Federal Contract “Suitability” Decisions Require Age-Causation Evidence; Undisclosed Comparators and Non-Decisionmaker Remarks (Even with Alleged Cat’s Paw) Are Insufficient...
Estates with Multiple Beneficiaries Must Appear Through Counsel in Federal Court; Persistent Failure to Retain Counsel Warrants Rule 41(b) Dismissal With Prejudice (and a Belated Rule 54(b) Judgment...
Contract Duration at the Pleading Stage: “In Effect” Covenants Survive Patent Expiration Unless Expiration Is Compelled as a Matter of Law Case: Teva Pharmaceuticals USA, Inc. v. Eli Lilly and...
Koehler v. Infosys: Rule 702 Requires Proven Reliability for Name-Matching Demographic Proof, and Courts May Exclude It Sua Sponte 1. Introduction In Brenda Koehler v. Infosys Technologies Limited,...
Rule 60(b)(1) Excusable Neglect Requires a Prompt Motion: An 11-Month Delay After Learning of Counsel’s Incapacity Is Unreasonable 1. Introduction In Jav Nikollbibaj v. US Foods, Inc. (7th Cir. July...
Only “Principal” Mitigation Must Be Addressed at Sentencing; Disparity Cannot Be Based on Later-Sentenced Co-Defendants; Below-Guidelines Disparity Challenges Are a “Nonstarter” Case: United States...
Substantial-Evidence Review: No Reversal for Omitted Sleep-Study Discussion When the Record Is Otherwise Addressed and the Omitted Evidence Is Not Materially Different Introduction In Nicole Trost v....
Monitoring, Medical Clearance, and Deference to Jail Medical Staff Defeat Fourth Amendment Medical-Care Liability (and Trigger Qualified Immunity) Introduction Case: Estate of Jason Thomson v. Thomas...
Principle-Based Historical Analogues Permit Targeted Bans on Particularly Dangerous Weapons (AR-15s and 30-Round Magazines) Under Bruen I. Introduction These consolidated appeals arise from...
Rule 8 “Fair Notice” for First Amendment Belief-Retaliation Claims in Public Employment (Spengler v. CESA 7) I. Introduction Becky Spengler v. Cooperative Educational Service Agency 7 (CESA 7) arose...
Pole-Camera Surveillance of Commercial Property Is Not a “Search” When It Uses Common Technology From a Lawful Public Vantage and Captures Activity Observable to Passersby 1. Introduction In United...
Seventh Circuit: Child-Welfare Investigations Rarely Trigger State-Created Danger Liability Absent Plausible Causation and Conscience-Shocking Conduct I. Introduction Joshua Wright v. Department of...
Qualified Immunity for Non-Lethal Impact Rounds in an Armed-Threat Standoff Absent Clearly Established Analogous Precedent I. Introduction Mace Davis v. City of Elgin, Illinois (7th Cir. July 9,...
Principles-Driven Bruen Review: Targeted Bans on Particularly Dangerous Arms (AR-15s and 30-Round Magazines) Are Constitutional 1. Introduction Federal Firearms Licensees of Illinois v. Jay Robert...
Targeted Bans on AR-15s and 30-Round Magazines Survive Bruen: “Particularly Dangerous Weapons” Tradition and the Limits of Facial Second Amendment Challenges I. Introduction The Seventh Circuit’s...
Prior Work Exclusions Are Enforceable Under Illinois Law When They Do Not Eliminate All Completed-Operations Coverage 1. Introduction Nautilus Insurance Company v. Bee Quality Inc. (7th Cir. July 9,...
Barnett v. Raoul: Assault-Weapon and Large-Capacity Magazine Bans Upheld Under Bruen’s “Principles of Regulatory Tradition” and Salerno Facial-Challenge Limits 1. Introduction Caleb Barnett v. Kwame...