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Fair Debt Collection Practices Act Collector Liability
The issue in this appeal is whether a collector of consumer debts that violated the venue provision of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692i(a)(2) (“the FDCPA” or “the Act”), can avoid liability on the ground that it was relying on Newsom as controlling circuit precedent interpreting the statute when it committed the violation.
Sentencing Guidelines
This appeal illustrates why, when an arcane and arbitrary issue arises under the Sentencing Guidelines, the sentencing judge should ask, “Why should I care?”
Court Error – Damages Awarded
This appeal is before us once more, this time not on the merits but on plaintiff Charles Murphy’s petition for an award of attorney fees on appeal as a prevailing party pursuant to 42 U.S.C. § 1988(b).
Court Error – Habeas Corpus Relief
In 1997, a jury in the District of Kansas found Jimmy Davis guilty of robbing a bank, 18 U.S.C. § 2113(a), possessing a firearm as a felon, id. § 922(g)(1), and aiding and abetting his confederate’s use of a firearm during the robbery, id. § 924(c).
Weekly Case Digests — July 24 to July 28, 2017
7th Circuit Digests 7th Circuit Court of Appeals Case Name: Anne E. Scheurer v. Fromm Family Foods LLC Case No.: 16-3327 Officials: KANNE, SYKES, and HAMILTON, Circuit Judges. Focus: Motion Denied – Arbitration Plaintiff Anne Scheurer filed this sexual harassment and retaliation suit under Title VII of the Civil Rights Act of 1964 against defendant […]
Appeals court upholds 1996 decision, letting pit accept clean-fill materials
Thanks to a recent Wisconsin Court of Appeals decision, landowners who are looking to use their land for the disposal of “clean fill” have no reason to worry about local governments standing in their way.
Court Error – Suppression Motion Denied
Jimmane Pittman appeals a criminal judgment that convicted him of one felony and two misdemeanor charges.
Court Error – Sufficiency of Evidence
Milton Warren appeals two related judgments convicting him of being party to the crime of possession with intent to deliver more than 50 grams of heroin, a second or subsequent offense of possession of THC, and contributing to the delinquency of a minor.
Denial of Post-verdict Motions
Dean Health Systems, Inc., terminated the employment of physician-employee Donald Bukstein “without cause,” pursuant to an “at-will” provision in a written employment agreement between Dean and Bukstein. Bukstein sued Dean for breach of contract and breach of the duty of good faith and fair dealing in connection with the termination.
Violation of Equal Protection and Due Process Clauses
Adams Outdoor Advertising Limited Partnership (“Adams”) appeals a summary judgment in favor of the City of Madison (“the City”).
Court Error – Ineffective Assistance of Counsel
Clarence Taylor appeals a judgment of conviction for armed robbery as party to a crime and an order denying postconviction relief.
Court Error – Jury Instructions and Sufficiency of Evidence
While he was attending a house party in Rockford, Illinois, Andrei Byrd engaged in conduct that led to his arrest by local police on a charge of assault under Illinois criminal law.
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WLJ People
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