U.S. Seventh Circuit - FindLaw

U.S. Seventh Circuit - The FindLaw 7th Circuit Court of Appeals Opinion Summaries Blog


The Sixth Circuit is not alone in consolidating appeals of same sex marriage cases within the circuit: last week, the Seventh Circuit consolidated two same sex marriage cases.

The Seventh Circuit also recently decided a case affecting all of the states surrounding the Great Lakes, and is going to hear a case about an Indiana law regulating the sale of cold beer. Finally, our favorite benchslapper speaks out.

Read on for details on all of these stories.

There's some interesting summer action happening in the Seventh Circuit -- summer time is no time for fun and games, apparently. As things heat up outside, they are heating up headlines and court rooms as we wait on some key decisions.

Read on to find out more on John Doe Probes, Rod Blagojovich and the latest trend in contraception mandate litigation.

The Seventh Circuit recently heard a case involving the works of Arthur Conan Doyle, better known as the creator of our favorite British detectives Sherlock Holmes and Dr. Watson, reports The Washington Post. The question before the court was whether copyright protection, which had already expired, can be extended because the author later "altered the character in a subsequent work."

As Judge Posner explains, it's all "elementary."

Earlier in May, we noted that a case originating in the Seventh Circuit, Elmsbrook School District v. John Doe was languishing in certiorari purgatory, as the case -- at that time -- had already been distributed for conference eight times.

After supplemental briefs were filed, the case was distributed for conference four more times. The twelfth time was a charm apparently, as the Court finally decided whether to grant or deny cert.

Has anyone ever time-lined Judge Posner's benchslaps? I wonder what the longest time frame sans benchslap has been. Probably not very long, and on Monday, he made the latest benchslap to a judge, attorney and plaintiff -- no one was safe.

Obviously, the parties didn't read our post on how to avoid a benchslap, or about that attorney who faked an illness because this case is the most deserving -- that we've read -- that called for benchslaps all around.

The Seventh Circuit has seen a lot of action dealing with Wisconsin campaign finance in the past few weeks. First, the circuit court swiftly stepped in to stay a district court's order granting a preliminary injunction.

Next, the Seventh Circuit found that much of Wisconsin's existing campaign finance laws are unconstitutional in light of the Supreme Court's recent political speech jurisprudence.

The Seventh Circuit has important cases up and down the pipeline to the Supreme Court, all dealing with sensitive issues that pit people on either side of lines drawn in the proverbial sand.

Recently, the Seventh Circuit put to rest a case that has been litigated for 28 years, and denied an en banc rehearing -- with the next step almost certainly being a bid for cert. review.

All that while an Establishment Clause case languishes in perpetual conference.

On Monday, the Supreme Court decided a case that had circuit court of appeals split, that is, whether property, as defined by the Mandatory Victims Restitution Act of 1996 ("Act"), is "'returned' when a victim takes title to collateral securing a loan that an offender fraudulently obtained from the victim."

The Supreme Court clarified its stance, and affirmed the Seventh Circuit's opinion.

The Seventh Circuit is known for delivering benchslaps, so much so that it's acquired the nickname "Benchslappy" (hat tip to Above the Law). Well, they're not the only slap happy bunch around, you can add us now. Let's call it a blogslap.

Why would we be handing out a blogslap? Because the Seventh Circuit website sucks leaves much to be desired, especially when compared with other circuit court websites.

The protests, and dramatic exit of Wisconsin State Senate Democrats, surrounding the legislation of Wisconsin's Act 10 in 2011 are still fresh in our memory, yet they occurred three years ago. The controversial act has already been before the Seventh Circuit on constitutional grounds, and the challenges failed.

This week, in a second case, the Seventh Circuit again found that Wisconsin's Act 10 is constitutional.