U.S. Seventh Circuit - FindLaw

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


Jared Fogle's Latest Pitch: A Plea for a Shorter Sentence

Jared Fogle, the disgraced former Subway pitchman, is attempting to reduce his sentence by pushing an argument that's sure to cause a stir: sex fantasies with minors cannot support an enhanced sentence.

It's an argument that some legal analysts regard with some skepticism, particular when seen in context of the rest of Fogle's conduct, some of which famously includes traveling specifically to engage in sex with an underage girl. Whichever way this turns out, this case will not simply fizzle away.

Posner to Judges: Semper Scribo Simpliciter Sodes

Three cheers for perennially popular federal Circuit Judge Richard Posner of the Seventh Circuit who took the time, once again, to stand again on his soap-box decrying legalese in court opinions. The judge lamented overly prolix sentences and wordplay in court opinions. We admit, the habit is hard to break.

Posner's most recent anti-jargon pontificating comes as no surprise: Posner has long been a maverick in the legal community calling for the abolishment of some of the profession's more prized institutions, the Bluebook.

Can Cops Use iTranslate to Get Consent to Search? Si...

How accurate must a broken translation be in order for actual consent to be granted for a vehicle search? This question was the very center of a recent ruling by the Seventh Circuit which decided that the iPhone's iTranslate app can be used to obtain consent in lieu of warrant for an automobile search.

It does raise a very interesting question, though. What are the limitations on broken speech and consent and what implications will they have on broader civil rights?

7th Circuit Affirms Combined Convictions Against Child Abuser

A divided Seventh Circuit affirmed both child abuse and felony gun use convictions against admitted abuser David Resnick in a split decision that implicates the admissibility of polygraph information -- or rather, evidence of the defendant's refusal to submit to a polygraph.

But although the affirmation may strike many as being the proper outcome, the Fifth Amendment implications the opinion raises should really give even the most casual reader pause.

Wisconsin Polling of Jury During Trial Leads to Mistrial

A criminal defendant is entitled to a polling of the jury after a verdict has been reached and announced. But one slip of how the polling is done could basically necessitate a whole new trial. And this is exactly what happened in a Wisconsin federal district court.

The case below discusses interesting aspects of the Fifth Amendment's "overly coercive" doctrine.

P.F. Chang's Data Hack Case Revived by 7th Circuit

A class action suit against ersatz-Chinese food chain P.F. Chang's is allowed to proceed, said the Seventh Circuit, because two separate plaintiffs had alleged "enough" to meet the Twombly standards of standing in this breach of data case.

The circuit's ruling upholds the 2014 finding that a breach and increased risk of identity theft is "injury" enough for justiciability.

Indianapolis Horse Racing Track Was a Business, 7th Cir. Rules

It turns out that a horse racing track in Indianapolis was a horse racing business and not just a rich man's hobby. But the Seventh Circuit came to this conclusion for reasons altogether different than those used by the lower tax court.

The lower court got the result right, but used erroneous and "goofy" reasoning, according to Judge Posner.

Jail Ignored Inmate's Pain Complaints, Unaware He Had Cancer

When Kevin Dixon entered into Cook County Jail in Illinois, he probably didn't know that the persistent pain in his back and abdomen was cancer. Neither did his jailers.

A mere four months later, he was dead. The subsequent wrongful death lawsuit was recently decided by the Seventh Circuit.

When Wisconsin passed a voter ID law in 2011, requiring voters to present photo identification at the voting booth, opponents argued that the law unfairly punished those who had difficulty obtaining photo IDs. Such laws often make voting disproportionately difficult for minorities and the poor. But when those opponents sued, they lost. The Seventh Circuit ruled that the entire law cannot be enjoined just because "some voters faced undue difficulties."

But in a ruling by Judge Easterbrook on Tuesday, the Seventh Circuit breathed new life into the laws challenge, finding that individuals who faced extreme difficulty in obtaining a photo ID could still challenge the law.

Indiana's Child Services Is Immune From FLSA Suit

In the recent case Martinez v. Indiana Dept. of Child Services, the Seventh Circuit upheld a long held doctrine in the law: sovereign powers cannot be sued in federal court unless there is an alleged violation of the state's constitution or the U.S. Constitution.

Alternatively, the state can consent to being sued, but how often does that happen?