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7th Circuit Court of Appeals

POSTED: Monday, April 22nd, 2013 at 9:39 am

BY: carollundberg

Wisconsin Law Journal has been the legal news source for the Wisconsin legal community since 1986. Every day Wisconsin Law Journal brings you legal news and analysis, and specific, practical and helpful information you need to stay up-to-date in your practice. As a subscriber, you’ll not only get the “who, what and when.” You’ll also [...]

Courts to hear challenges to Obama NLRB appointments

POSTED: Thursday, November 29th, 2012 at 3:30 pm

BY: Associated Press

In a major test of presidential power, federal appeals courts are starting to hear legal challenges to President Barack Obama’s decision to bypass the Senate in appointing three members to the National Labor Relations Board.

Civil Procedure — choice of law clauses (access required)

12-3264 Laplant v. the Northwestern Mut. Life Ins. Co.

7th Circuit says life sentence for crack dealer doesn’t violate Eighth Amendment (access required)

POSTED: Monday, October 29th, 2012 at 1:51 pm

BY: Correy Stephenson, Dolan Newswires

The Eighth Amendment’s prohibition against cruel and unusual punishment does not preclude a mandatory life sentence for dealers who possess a smaller quantity of crack cocaine than the quantity of powder cocaine necessary to trigger a similar sentence, the 7th Circuit has ruled.

7th Circuit: Bribes not high enough for conviction

POSTED: Thursday, October 11th, 2012 at 11:13 am

BY: Associated Press

An appeals court has reversed the bribery conviction of a Chicago zoning inspector on grounds the value of two $600 payoffs he received weren’t high enough.

Federal panel hears arguments in collective bargaining case (UPDATE)

POSTED: Monday, September 24th, 2012 at 3:06 pm

BY: Associated Press

A federal appeals court in Chicago heard arguments Monday on the constitutionality of Wisconsin’s law restricting collective bargaining by public employees – one of several related appeals working their way through the courts.

7th Circuit reinstates $3.5M punitive award in Title VII case (access required)

POSTED: Thursday, August 30th, 2012 at 1:58 pm

BY: Pat Murphy, Dolan Media Newswires

A Chrysler employee produced sufficient evidence of recklessness to justify a substantial award of punitive damages in a Title VII hostile environment case, the 7th Circuit has ruled in reinstating a $3.5 million jury verdict.

Employment – ERISA — delegation (access required)

POSTED: Tuesday, July 31st, 2012 at 11:25 am

BY: WISCONSIN LAW JOURNAL STAFF

12-1230 Aschermann v. Aetna Life Ins. Co.

Appeals court: School graduations in Wis. church crossed line

POSTED: Tuesday, July 24th, 2012 at 10:15 am

BY: Associated Press

High school graduations in a southeastern Wisconsin church adorned with religious symbols and literature violated the separation of church and state, a federal appeals court ruled Monday.

Immigration — legalization applications (access required)

POSTED: Thursday, January 12th, 2012 at 10:10 am

BY: WISCONSIN LAW JOURNAL STAFF

09-3912, 10-1282 & 10-3221 Siddiqui v. Holder

Sentencing — sentencing guidelines — discretion (access required)

POSTED: Thursday, January 12th, 2012 at 10:08 am

BY: WISCONSIN LAW JOURNAL STAFF

10-1947 & 10-3914 U.S. v. Redmond

Civil lawsuit against former DA Kratz won’t be dismissed (UPDATE)

A federal sexual harassment lawsuit against former Calumet County District Attorney Ken Kratz will not be thrown out.

Group asks appeals court to revisit Wis. church graduations

MADISON, Wis. (AP) – A group advocating for the separation of church and state has asked a federal appeals court to overturn a ruling allowing public high schools in Wisconsin to hold graduation ceremonies in a church. Americans for Separation of Church and State filed a lawsuit in 2009 objecting to Brookfield Central and Brookfield [...]

Federal court upholds Wis. graduations in church

POSTED: Friday, September 9th, 2011 at 1:54 pm

BY: Associated Press

MADISON, Wis. (AP) – A federal appeals court says two Wisconsin public high schools properly held graduation ceremonies in a church. Brookfield Central and Brookfield East held their graduations at Elmbrook Church for most of the last decade. A group of anonymous students and parents represented by Americans United for Separation of Church and State [...]

Sport associations applaud federal Internet ruling (UPDATE)

POSTED: Thursday, August 25th, 2011 at 2:53 pm

BY: Associated Press

By TODD RICHMOND Associated Press MADISON, Wis. (AP) – High school athletic associations nationwide say a federal appeals court ruling upholding Wisconsin’s right to sell exclusive rights to live-stream games online preserves a lucrative new revenue stream, while newspaper groups fear the ruling could lead to more restrictions on reporting games that entire communities follow. [...]

Federal appellate Judge Evans dies at 71 (UPDATE) (access required)

POSTED: Thursday, August 11th, 2011 at 1:18 pm

BY: Jack Zemlicka, jack.zemlicka@wislawjournal.com

Federal appellate Court Judge Terry Evans passed away Wednesday night after a short battle with a serious respiratory illness.
SHARE YOUR MEMORIES OF JUDGE EVANS

10-1368 Yancick v. Hanna Steel Corp. (access required)

POSTED: Wednesday, August 3rd, 2011 at 1:56 pm

BY: WISCONSIN LAW JOURNAL STAFF

Employment
Hostile work environment

Appeals court rejects gun store license revocation

POSTED: Wednesday, June 8th, 2011 at 9:26 am

BY: Associated Press

SHAWANO, Wis. (AP) — A federal appeals court ruling clears the way for federal officials to stop sales at Shawano Gun & Loan. The 7th Circuit Court of Appeals in Chicago Tuesday rejected an appeal by the gun store which lost its license in 2007. Federal regulators allowed the store to continue to sell guns [...]

Right to counsel of choice violated

POSTED: Tuesday, May 24th, 2011 at 1:02 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

Courts cannot adopt a rule that “new counsel take the case as they find it.”

Fed appeals court upholds Wis. teacher firing

POSTED: Friday, April 29th, 2011 at 2:29 pm

BY: Associated Press

MADISON, Wis. (AP) — A federal appeals court has upheld a Wisconsin school board’s decision to fire a teacher who viewed pornography on his work computer for about a minute on a weekend. The Cedarburg School Board fired science teacher Robert Zellner in 2006. Zellner maintains he was really fired because he was a strong [...]

09-3425 U.S. v. Taylor (access required)

POSTED: Tuesday, March 29th, 2011 at 1:14 pm

BY: WISCONSIN LAW JOURNAL STAFF

United States Court of Appeals Sentencing Obstruction of justice Where a defendant’s trial testimony went beyond general denial of his involvement, his sentence was properly enhanced for obstruction of justice. “In this case, the district court found that Taylor’s testimony went beyond a ‘general denial of his involvement in the drug activity’ and that he [...]

10-2489 Central States, Southeast & Southwest Areas Pension Fund v. Georgia Pacific, LLC (access required)

POSTED: Tuesday, March 29th, 2011 at 1:12 pm

BY: WISCONSIN LAW JOURNAL STAFF

United States Court of Appeals Employment Multiemployer pension plans If a sale of a participant in a multiemployer pension plan had not occurred, everything else had remained the same, and no withdrawal liability would have accrued, then the sale to a buyer that continues the pension contributions does not entail withdrawal liability. “Georgia-Pacific contends that [...]

08-2805 Rubin v. The Islamic Republic of Iran (access required)

POSTED: Tuesday, March 29th, 2011 at 1:11 pm

BY: WISCONSIN LAW JOURNAL STAFF

United States Court of Appeals Civil Procedure FSIA Under 28 U.S.C. 1609 of the FSIA, the property of a foreign state in the United States is presumed immune from attachment and execution. “The immunity inheres in the property and does not depend on an appearance and special pleading by the foreign state itself. The party [...]

Supreme Court won’t hear UW-Madison appeal

POSTED: Monday, March 7th, 2011 at 1:10 pm

BY: Associated Press

MADISON, Wis. (AP) — The U.S. Supreme Court says it won’t hear an appeal of a lower court decision to grant a Catholic student group funding from the University of Wisconsin-Madison. The decision by the high court effectively ends UW-Madison’s appeal process. The university has argued that its funding of Badger Catholic’s religious activities is [...]

Year In Review: Important Opinions 2010

POSTED: Wednesday, January 12th, 2011 at 11:09 am

BY: WISCONSIN LAW JOURNAL STAFF

A comprehensive listing of the Wisconsin Supreme Court and Wisconsin Court of Appeals published opinions from 2010.

Attorney can’t resign from 7th Circuit

POSTED: Tuesday, December 14th, 2010 at 11:11 am

BY: David Ziemer, david.ziemer@wislawjournal.com

Attorneys can’t avoid being disciplined by the 7th Circuit by simply resigning from the bar. If they do, the declaration, “I resign,” will be countered with, “You can’t; we’re disbarring you.”

In immunity, court lacks jurisdiction

POSTED: Monday, November 29th, 2010 at 11:52 am

BY: David Ziemer, david.ziemer@wislawjournal.com

A prosecutor’s absolute immunity defense cannot be decided without first deciding whether there was probable cause against the plaintiff.

They don’t know what ‘frivolous’ is

POSTED: Monday, November 29th, 2010 at 11:16 am

BY: David Ziemer, david.ziemer@wislawjournal.com

This week, The Dark Side is going to do something it has never done before – write something that everyone, even progressives, will agree with – with one small caveat: I don’t expect the judges on the 7th Circuit to agree.

7th Circuit will not rehear public image

The 7th Circuit Court of Appeals decided Tuesday it will not revisit a case that challenged the State Bar of Wisconsin’s use of mandatory dues.

Bar Public Image debate reopens

POSTED: Monday, October 25th, 2010 at 11:42 am

BY: Jack Zemlicka, jack.zemlicka@wislawjournal.com

Three Wisconsin attorneys are asking the 7th Circuit Court of Appeals to revisit its decision which determined that the State Bar of Wisconsin’s use of mandatory dues to fund the Public Image Campaign did not violate the First Amendment.

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