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  • Commentaries
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7th Circuit Case Commentaries

BIPA Section 20 (2024) Damages Amendment Applies Retroactively as a Remedial/Procedural Change

BIPA Section 20 (2024) Damages Amendment Applies Retroactively as a Remedial/Procedural Change

Date: Apr 4, 2026
BIPA Section 20 (2024) Damages Amendment Applies Retroactively as a Remedial/Procedural Change I. Introduction In Reginald Clay v. Union Pacific Railroad Company (consolidated with Brandon Willis v....
All Writs Act Transport Orders Require a Particularized Nexus to Admissible § 2254 Evidence or a Defined Equitable-Tolling Theory

All Writs Act Transport Orders Require a Particularized Nexus to Admissible § 2254 Evidence or a Defined Equitable-Tolling Theory

Date: Apr 4, 2026
All Writs Act Transport Orders Require a Particularized Nexus to Admissible § 2254 Evidence or a Defined Equitable-Tolling Theory Introduction William Clyde Gibson III v. Ron Neal (7th Cir. Mar. 31,...
Plain-Error Upholding of a Rule 11(c)(1)(C) Guilty Plea Despite a One-Day Exploding Offer and Interpreter/Fluency Complaints Raised for the First Time on Appeal

Plain-Error Upholding of a Rule 11(c)(1)(C) Guilty Plea Despite a One-Day Exploding Offer and Interpreter/Fluency Complaints Raised for the First Time on Appeal

Date: Apr 4, 2026
Plain-Error Upholding of a Rule 11(c)(1)(C) Guilty Plea Despite a One-Day Exploding Offer and Interpreter/Fluency Complaints Raised for the First Time on Appeal 1. Introduction In United States v....
Schedule A Personal Jurisdiction Requires Evidence of Completed Forum Sales, Not Mere “Ship-to-Illinois” Website Screenshots

Schedule A Personal Jurisdiction Requires Evidence of Completed Forum Sales, Not Mere “Ship-to-Illinois” Website Screenshots

Date: Apr 4, 2026
Schedule A Personal Jurisdiction Requires Evidence of Completed Forum Sales, Not Mere “Ship-to-Illinois” Website Screenshots 1. Introduction Yinnv Liu v. Monthly, et al. is a Seventh Circuit decision...
Indiana Rule: Unexercised “Floating” Pipeline Easement Rights Do Not Become Fixed by Time, Practice, or Acquiescence

Indiana Rule: Unexercised “Floating” Pipeline Easement Rights Do Not Become Fixed by Time, Practice, or Acquiescence

Date: Apr 4, 2026
Indiana Rule: Unexercised “Floating” Pipeline Easement Rights Do Not Become Fixed by Time, Practice, or Acquiescence I. Introduction In Close Armstrong, LLC v. Trunkline Gas Company, LLC (7th Cir....
Nonexistent Governing Law Defeats Mutual Assent to FAA Delegation and Arbitration

Nonexistent Governing Law Defeats Mutual Assent to FAA Delegation and Arbitration

Date: Apr 4, 2026
Nonexistent Governing Law Defeats Mutual Assent to FAA Delegation and Arbitration Case: Joshua Harris v. W6LS, Inc., No. 24-2056 (7th Cir. Mar. 31, 2026) Court: United States Court of Appeals for the...
Temporary Felony “Wants” Are Not Home-Entry Warrants: Probable Cause Does Not Cure Warrantless Residential Entry Under Payton

Temporary Felony “Wants” Are Not Home-Entry Warrants: Probable Cause Does Not Cure Warrantless Residential Entry Under Payton

Date: Apr 3, 2026
Temporary Felony “Wants” Are Not Home-Entry Warrants: Probable Cause Does Not Cure Warrantless Residential Entry Under Payton I. Introduction In Ryan Milbeck v. Allison George (7th Cir. Mar. 30,...
“No Court Shall Have Jurisdiction” Means No Review of § 1182(a)(9)(B)(v) Waiver Decisions—including Eligibility Determinations

“No Court Shall Have Jurisdiction” Means No Review of § 1182(a)(9)(B)(v) Waiver Decisions—including Eligibility Determinations

Date: Apr 3, 2026
“No Court Shall Have Jurisdiction” Means No Review of § 1182(a)(9)(B)(v) Waiver Decisions—including Eligibility Determinations Case: Danuta Dec v. Markwayne Mullin Court: Seventh Circuit Date: March...
AEDPA Deference Applies When State Court Treats Excluded Defense Evidence as Cumulative (No Constitutional Error), and Conceded Attorney Mistakes Still Require Strickland Prejudice

AEDPA Deference Applies When State Court Treats Excluded Defense Evidence as Cumulative (No Constitutional Error), and Conceded Attorney Mistakes Still Require Strickland Prejudice

Date: Apr 3, 2026
AEDPA Deference Applies When State Court Treats Excluded Defense Evidence as Cumulative (No Constitutional Error), and Conceded Attorney Mistakes Still Require Strickland Prejudice Case: Maurice Holt...
26 U.S.C. § 6201(a)(4)(A) Authorizes IRS Assessment and Immediate Civil Collection of Criminal Tax Restitution for Title 18 Offenses, Unconstrained by Sentencing Payment Schedules

26 U.S.C. § 6201(a)(4)(A) Authorizes IRS Assessment and Immediate Civil Collection of Criminal Tax Restitution for Title 18 Offenses, Unconstrained by Sentencing Payment Schedules

Date: Apr 3, 2026
26 U.S.C. § 6201(a)(4)(A) Authorizes IRS Assessment and Immediate Civil Collection of Criminal Tax Restitution for Title 18 Offenses, Unconstrained by Sentencing Payment Schedules Case: Paul M....
AEDPA Deference: No Federal Habeas Relief for Evidence-Suppression/Destruction Misconduct Absent a Clearly Established Supreme Court Rule Requiring a Different Remedy

AEDPA Deference: No Federal Habeas Relief for Evidence-Suppression/Destruction Misconduct Absent a Clearly Established Supreme Court Rule Requiring a Different Remedy

Date: Mar 26, 2026
AEDPA Deference: No Federal Habeas Relief for Evidence-Suppression/Destruction Misconduct Absent a Clearly Established Supreme Court Rule Requiring a Different Remedy Case: Chong Lee v. Bradley...
Steinhoff v. Malovrh: Fact Disputes Over Alleged Rifle-Strike Deadly Force Defeat Summary Judgment, While Drug-Raid Takedown Receives Qualified Immunity Absent Fact-Specific Clearly Established Law

Steinhoff v. Malovrh: Fact Disputes Over Alleged Rifle-Strike Deadly Force Defeat Summary Judgment, While Drug-Raid Takedown Receives Qualified Immunity Absent Fact-Specific Clearly Established Law

Date: Mar 26, 2026
Steinhoff v. Malovrh: Fact Disputes Over Alleged Rifle-Strike Deadly Force Defeat Summary Judgment, While Drug-Raid Takedown Receives Qualified Immunity Absent Fact-Specific Clearly Established Law...
Reaffirming the “Strategic Placement” Nexus Under 18 U.S.C. § 924(c): An Unloaded Firearm in a Closet Can Further Drug Trafficking When Kept Adjacent to a Drug Workstation

Reaffirming the “Strategic Placement” Nexus Under 18 U.S.C. § 924(c): An Unloaded Firearm in a Closet Can Further Drug Trafficking When Kept Adjacent to a Drug Workstation

Date: Mar 26, 2026
Reaffirming the “Strategic Placement” Nexus Under 18 U.S.C. § 924(c): An Unloaded Firearm in a Closet Can Further Drug Trafficking When Kept Adjacent to a Drug Workstation Introduction In United...
§ 1983 False-Arrest Claims: “Any Crime” Probable Cause and Flexible Jury Instructions on Illinois Obstruction/Resistance

§ 1983 False-Arrest Claims: “Any Crime” Probable Cause and Flexible Jury Instructions on Illinois Obstruction/Resistance

Date: Mar 26, 2026
§ 1983 False-Arrest Claims: “Any Crime” Probable Cause and Flexible Jury Instructions on Illinois Obstruction/Resistance Introduction In Marion Thomas v. Daniel McAuliffe (7th Cir. Mar. 23, 2026),...
Waiver of New Factual Theories on Appeal in U.S.S.G. § 2D1.1(b)(1) Firearm-Enhancement Litigation

Waiver of New Factual Theories on Appeal in U.S.S.G. § 2D1.1(b)(1) Firearm-Enhancement Litigation

Date: Mar 26, 2026
Waiver of New Factual Theories on Appeal in U.S.S.G. § 2D1.1(b)(1) Firearm-Enhancement Litigation I. Introduction In United States v. Tommie L. Haney (7th Cir. Mar. 23, 2026) (nonprecedential), the...
United States v. Adam Power — No Plain-Error Relief for Rule 11 Factual-Basis Claims Without a Showing of Prejudice; Below-Guidelines “De Facto Life” and Disparity Challenges Fail Absent a Developed District-Court Record

United States v. Adam Power — No Plain-Error Relief for Rule 11 Factual-Basis Claims Without a Showing of Prejudice; Below-Guidelines “De Facto Life” and Disparity Challenges Fail Absent a Developed District-Court Record

Date: Mar 25, 2026
No Plain-Error Relief for Rule 11(b)(3) Factual-Basis Defects Absent Concrete Prejudice; Below-Guidelines “De Facto Life” and Disparity Challenges Are Unavailing Without Record Support Introduction...
Minimal-Articulation Deference: ALJs May Discount Treating Psychologists When Inconsistent, Poorly Supported, and Not Required to Address Every Regulatory Factor Explicitly

Minimal-Articulation Deference: ALJs May Discount Treating Psychologists When Inconsistent, Poorly Supported, and Not Required to Address Every Regulatory Factor Explicitly

Date: Mar 24, 2026
Minimal-Articulation Deference: ALJs May Discount Treating Psychologists When Inconsistent, Poorly Supported, and Not Required to Address Every Regulatory Factor Explicitly Case: Laurie Yokosh v....
Ignoring an Express Contractual Post-Award Punitive-Damages Review Exceeds Arbitral Authority Under FAA § 10(a)(4)

Ignoring an Express Contractual Post-Award Punitive-Damages Review Exceeds Arbitral Authority Under FAA § 10(a)(4)

Date: Mar 24, 2026
Ignoring an Express Contractual Post-Award Punitive-Damages Review Exceeds Arbitral Authority Under FAA § 10(a)(4) I. Introduction In USAA Savings Bank v. Michael Goff, the Seventh Circuit addressed...
Seventh Circuit Maintains “Informal, Non-Adversarial” Due Process as Sufficient for Disciplinary Segregation Transfers (Post-Torres)

Seventh Circuit Maintains “Informal, Non-Adversarial” Due Process as Sufficient for Disciplinary Segregation Transfers (Post-Torres)

Date: Mar 20, 2026
Seventh Circuit Maintains “Informal, Non-Adversarial” Due Process as Sufficient for Disciplinary Segregation Transfers (Post-Torres) Case: Norberto Torres v. Kent Brookman (with Jason Hart) Court:...
Revocation Sentencing: Serious Violations May Justify Statutory-Maximum Reimprisonment Despite Chapter 7 Range

Revocation Sentencing: Serious Violations May Justify Statutory-Maximum Reimprisonment Despite Chapter 7 Range

Date: Mar 20, 2026
Revocation Sentencing: Serious Violations May Justify Statutory-Maximum Reimprisonment Despite Chapter 7 Range Introduction In United States v. Steven Bradford (7th Cir. Mar. 18, 2026), the Seventh...
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