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US Supreme Court clarifies bankruptcy discharge standard (access required)

POSTED: Tuesday, May 14th, 2013 at 11:43 am

BY: Pat Murphy, Dolan Media Newswires

The U.S. Supreme Court has clarified that proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing.

Lawyers find ADA circuit split hard to accommodate (access required)

POSTED: Friday, February 22nd, 2013 at 12:36 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

It’s an issue that leaves employment lawyers and their clients scratching their heads: Must an employer reassign a disabled employee to a vacant position that would have otherwise been filled by a competitive process?

Repeated Taser use may have been excessive, rules 7th Circuit (access required)

POSTED: Monday, February 4th, 2013 at 1:01 pm

BY: Pat Murphy, Dolan Media Newswires

Police may have violated a woman’s civil rights when they shot her twice with a Taser for allegedly interfering with the arrest of her son, the 7th Circuit has ruled in reversing judgment.

High court fight looms over right to carry a gun

POSTED: Monday, December 17th, 2012 at 8:57 am

BY: Associated Press

The next big issue in the national debate over guns — whether people have a right to be armed in public — is moving closer to Supreme Court review.

Illinois conceal-carry law unconstitutional, says 7th Circuit (access required)

POSTED: Friday, December 14th, 2012 at 11:40 am

BY: Pat Murphy, Dolan Media Newswires

An Illinois law prohibiting individuals from carrying loaded guns outside the home violates the Second Amendment right to bear arms, the 7th Circuit has ruled in reversing judgment.

Judge allows electronic poker at Madison Ho-Chunk casino

POSTED: Thursday, December 6th, 2012 at 8:51 am

BY: Associated Press

A federal judge says the Ho-Chunk tribe can continue to offer electronic poker at its Madison casino.

Asbestos manufacturer may have immunity, says 7th Circuit (access required)

POSTED: Wednesday, December 5th, 2012 at 2:41 pm

BY: Pat Murphy, Dolan Media Newswires

A manufacturer that supplied turbines to the U.S. Navy may be immune from a former seaman’s asbestos claims, the 7th Circuit has ruled in reversing judgment.

Former Wis. Supreme Court Justice Coffey dies at 90 (access required)

POSTED: Monday, November 12th, 2012 at 3:32 pm

BY: Joe Yovino, joe.yovino@wislawjournal.com


Former Wisconsin Supreme Court Justice John L. Coffey died Saturday at the age of 90.

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.

Mother can’t sue state for son’s suicide, rules 7th Circuit (access required)

POSTED: Wednesday, October 24th, 2012 at 2:06 pm

BY: Correy Stephenson, Dolan Newswires

The duty to take more active anti-suicide measures arises only when the risk is imminent, the 7th Circuit has ruled, affirming summary judgment for state officials who treated a teenager who hung himself while in a youth detention facility.

Employers push back on FMLA abuse (access required)

POSTED: Friday, October 5th, 2012 at 1:32 pm

BY: Correy Stephenson, Dolan Newswires

In an effort to root out employee abuse of Family and Medical Leave Act violations, employers are increasingly relying upon the “honest suspicion” defense – and winning.

7th Circuit: Disabled employees entitled to reassignment (access required)

POSTED: Thursday, September 13th, 2012 at 1:07 pm

BY: Pat Murphy, Dolan Media Newswires

United Airline workers who lose their jobs due to disability are entitled reassignment to vacant positions for which they are qualified, the 7th Circuit has ruled in reversing judgment.

Transgender-inmate ruling is movement’s latest win

POSTED: Thursday, September 6th, 2012 at 9:25 am

BY: Associated Press

A court ruling that ordered Massachusetts to pay for an inmate’s sex-change surgery is being seen as another milestone for transgender people.

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.

Atheist faces new setback in suit over Ill. cross

POSTED: Friday, June 8th, 2012 at 1:25 pm

BY: Associated Press

An atheist said Friday he may take his legal fight over state funds used to renovate a towering southern Illinois cross to the U.S. Supreme Court now that his latest federal appeal has failed.

7th Circuit: Investors can’t sue medical device manufacturer (access required)

POSTED: Wednesday, June 6th, 2012 at 1:24 pm

BY: Pat Murphy, Dolan Media Newswires

Investors could not sue a medical device manufacturer for fraudulently downplaying the significance of one surgeon’s report that one of the company’s hip replacement parts had a high failure rate, the 7th Circuit has ruled in affirming a dismissal.

Defense lawyers flub ‘planted gun’ case, rules 7th Circuit (access required)

POSTED: Monday, June 4th, 2012 at 11:39 am

BY: Pat Murphy, Dolan Media Newswires

A convicted felon may get a new trial because his lawyers misread the Fourth Amendment implications of their client’s contention that a gun found on his person was planted by police.

Debt collector can be sued for autodialed cell phone calls, rules 7th Circuit (access required)

POSTED: Wednesday, May 16th, 2012 at 11:50 am

BY: Pat Murphy, Dolan Media Newswires

A debt collector may have violated the Telephone Consumer Protection Act when its automated dialing system contacted cell phone users with reassigned numbers, the 7th Circuit has ruled in affirming judgment.

7th Circuit: Police officers’ use of baton launcher was excessive (access required)

POSTED: Thursday, May 3rd, 2012 at 12:43 pm

BY: Pat Murphy, Dolan Media Newswires

Police used excessive force when they fired a baton launcher four times in order to arrest a nonviolent drunk driver who was mistakenly suspected of being a car thief, the 7th Circuit has ruled in reversing a defense verdict.

Police may be sued for releasing mentally ill detainee, rules 7th Circuit (access required)

POSTED: Wednesday, May 2nd, 2012 at 11:39 am

BY: RENI GERTNER

Police officers who arrested a woman who exhibited symptoms of a mental health disorder in a safe location but released her into a dangerous neighborhood may be sued under §1983, the 7th Circuit has ruled.

Justices tackle credit bidding in bankruptcy ‘cramdown’ plan (access required)

POSTED: Tuesday, April 24th, 2012 at 2:14 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court took up a complicated bankruptcy case Monday, parsing the language of the Bankruptcy Code to determine if a Chapter 11 debtor must give a secured creditor the right to credit bid items being sold at auction.

Obama could alter stance of federal appeals courts

A second term for President Barack Obama would allow him to expand his replacement of Republican-appointed majorities with Democratic ones on the nation’s appeals courts, the final stop for almost all challenged federal court rulings.

Court says convicted pot pilot can appeal

POSTED: Friday, September 16th, 2011 at 12:48 pm

BY: Associated Press

MADISON, Wis. (AP) — An appeals court has ruled that a failed script writer sentenced to more than five years in federal prison for flying $500,000 worth of marijuana to Wisconsin on his private plane should have been allowed to appeal his conviction. Trevor Ryan of Ukiah, Calif., was sentenced by a federal judge in [...]

Police misconduct not grounds for new trial (access required)

POSTED: Friday, September 16th, 2011 at 10:55 am

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

Despite evidence that the police withheld exculpatory evidence and witnesses were not truthful at trial, a state prisoner convicted in 1994 of sexual assault and attempted homicide will not get a new trial.

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 [...]

BLAWG LOG: DiMotto on the roles and duties of a judge with a jury; O’Hear on the 7th Circuit

POSTED: Wednesday, August 31st, 2011 at 1:05 pm

BY: WISCONSIN LAW JOURNAL STAFF

One of the great advantages I have gained from my twitter account is a vast amount of information about juries, jury issues and jury problems.

Striking jurors based on gender is ineffective assistance (access required)

POSTED: Tuesday, August 23rd, 2011 at 9:59 am

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

If a criminal defense attorney uses his peremptory challenges to exclude potential jurors because of race or gender, he violates the Equal Protection Clause, the Rules of Professional Responsibility and provides ineffective assistance of counsel.

Standards set for fast-track adjustments (access required)

POSTED: Monday, July 25th, 2011 at 10:04 am

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

The 7th Circuit has issued standards that a defendant charged with illegal reentry must meet to be considered for a lower sentence based on the lack of a fast-track program.

Government can disqualify counsel of choice (access required)

POSTED: Wednesday, July 13th, 2011 at 11:56 am

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

The government can deny a defendant his counsel of choice, merely by asserting its intent to call his attorney as a witness.

Cocaine base ruling triggers longer penalties (access required)

POSTED: Tuesday, June 14th, 2011 at 11:15 am

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

“All crack is cocaine base but not all cocaine base is crack,” Judge Diane S. Sykes noted in U.S. v. Edwards, 397 F.3d 570 (7th Cir. 2005).

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