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Tag Archives: 7th Circuit

Ruling puts trial courts in tough spot

An April 1 opinion from the 7th Circuit creates a conundrum for state courts when criminal defense attorneys fail to follow the rules for submitting evidence the alleged victim in a sexual assault case has made false allegations before.

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Appellate puts trial courts in tough spot

An April 1 opinion from the 7th Circuit creates a conundrum for state courts when criminal defense attorneys fail to follow the rules for submitting evidence the alleged victim in a sexual assault case has made false allegations before.

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Labor law covers oral complaints

Employees in Wisconsin no longer need to file a written complaint to come within the anti-retaliation provisions of the Fair Labor Standards Act. The U.S. Supreme Court held March 22 that an oral complaint suffices, provided it is “sufficiently clear and detailed for a reasonable employer to understand it, in light of both content and context, as an assertion of ...

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FDCPA claim rejected on appeal

In a Feb. 11 opinion involving the Fair Debt Collection Practices Act, the 7th Circuit put the kibosh on an audacious trap for the unwary debt collector.

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Fiduciary’s debt dischargeable

Under Wisconsin law, officers and directors of corporations owe a fiduciary duty to creditors, if the corporation is both insolvent and no longer a going concern. Beloit Liquidating Trust v. Grade, 2004 WI 39, 270 Wis.2d 356, 361, 677 N.W.2d 298.

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Oral notice from EEOC is insufficient

An employee has 90 days to sue, once the EEOC dismisses a case and issues the employee a right-to-sue letter. But what happens when the employee never gets that letter, and thus fails to file suit within 90 days?

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Plaintiff not entitled to benefits

An ERISA plaintiff was not entitled to accidental death benefits when her husband died following a procedure to remove a broken wire that had been surgically inserted to treat an earlier injury, the 7th Circuit has ruled in affirming judgment.

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Attorney can’t resign from 7th Circuit

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."

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They don’t know what ‘frivolous’ is

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.

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Federal law determines conflict

Wisconsin's conflict of interest rules don't apply in federal court.

On Oct. 5, applying 7th Circuit precedents, U.S. District Judge Barbara B. Crabb denied a motion for disqualification of a law firm, even if, under Wisconsin’s rules, the firm would have to be disqualified from representing its client.

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