It has come to my attention that the nomination of University of Wisconsin law professor Victoria Nourse to the 7th Circuit is unlikely to be approved by the U.S. Senate.
Tag Archives: 7th Circuit
‘Sexual activity’ requires contact
Arguably, any 18-year-old in Wisconsin who uses the Internet to arrange a consensual sexual encounter with a 17-year-old faces 10 years to life in federal prison.
Read More »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.
Read More »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.
Read More »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 ...
Read More »Attorney’s words come back to haunt him
Attorneys need to be careful what they tell their witnesses, lest it come back to haunt them in the form of impeachment evidence.
Read More »THE DARK SIDE: 7th Circuit needs to enter the 20th Century
I arrived at work the other morning, all caffeinated and nicotined-up, excited about corrupting the youth of Milwaukee, the same as I do every other day.
Read More »State seat belt suits not preempted
Federal law doesn’t preempt state tort suits alleging seatbelts were negligently designed.
Read More »Substantial bankruptcy sanction upheld
It is common knowledge that student loans are nearly impossible to discharge in bankruptcy.
Read More »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.
Read More »Posner writes ‘review’ of The Bluebook
If you are working on a brief for a case in the 7th Circuit and you can't find your copy of The Bluebook, consider yourself in luck.
Read More »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.
Read More »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?
Read More »Prosecutors can’t sue for age discrimination
State prosecutors cannot sue for age discrimination under federal law.
Read More »No remedy for online defamation
A website cannot be compelled to remove defamation posted by another.
Read More »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.
Read More »7th Circuit criticizes, but follows binding precedents
The 7th Circuit has reluctantly upheld a 20-year mandatory minimum sentence for distributing drugs.
Read More »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."
Read More »Public records request is not discovery
Wisconsin's public records laws can't be subverted by seeking a stay of the action in federal court.
Read More »In immunity, court lacks jurisdiction
A prosecutor's absolute immunity defense cannot be decided without first deciding whether there was probable cause against the plaintiff.
Read More »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.
Read More »Probation officer shouldn’t testify
A defendant's prior conviction can be unfairly prejudicial even if the jury only learns of it through inference.
Read More »Trademark law limited to commerce
A vanity search on the Internet may result in some dismaying hits. But it is not the basis for a federal lawsuit.
Read More »Doctor can’t be sued for cybersquatting
Within three days, the 7th Circuit issued two different opinions addressing whether an out-of-state business could be sued for cybersquatting.
Read More »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.