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

July 2011 News

Seventh Circuit Rejects Quantum Meruit Claim for Ditched Contract

It's no longer a bus shelter or a trash can. It's "street furniture." The difference? Advertising revenue. Much like other European exports H&M or The Office, street furniture is taking America by storm. Vendors make lucrative bids to cities to secure the rights to street furniture; then they install and maintain the fixtures, which they finance through advertising.

Corporación Europea de Mobiliario Urbano, S.A., a Spanish firm, places street furniture within the European Union. Its Delaware subsidiary, Cemusa, wanted to break into the United States market, so it hired White Pearl Inversiones as a consultant. Together, White Pearl and Cemusa decided to target the ultimate prize in street furniture markets: New York City.

Indiana's Inmate Pen-Pal Ad Ban Stands

The Seventh Circuit Court of Appeals upheld an Indiana Department of Corrections (IDOC) policy this week that prohibits inmates from advertising for pen-pals, finding that the restriction on inmate pen-pals does not violate inmates’ First Amendment rights.

The policy grew out of a 2005 investigation that IDOC launched in response to complaints from family members of an elderly man who had allegedly been defrauded by prisoners. The investigation revealed that a majority of the 350 inmates advertising online for pen-pals had misrepresented themselves to the public on the websites.

7th Cir Says Kiobel Wrong, Corporations Liable Under Alien Tort Law

The Seventh Circuit Court of Appeals ruled this week that corporations can be held liable under the Alien Tort Act, raising the circuit-level are-they-or-aren't-they-liable decision count to 7 to 1. The Second Circuit's Kiobel v. Royal Dutch Petroleum Co. remains the lone outlier.

Writing for a unanimous panel in Flomo v. Firestone Natural Rubber Co., Judge Richard Posner criticized the Kiobel decision's underlying premise that there is no principle of customary international law that binds a corporation as "incorrect." Posner countered that the allied powers dissolved German corporations that assisted the Nazi war effort under the authority of customary international law. Even in the absence of precedent for corporate international law violation sanctions, Posner argued that "there is always a first time for litigation to enforce a norm."

2012-2014 Staff Clerkships at the 7th Circuit Court of Appeals

Here’s a future law job announcement from the Seventh Circuit Court of Appeals.

The Seventh Circuit Court of Appeals has filled its Fall 2011 position for staff clerkships starting in August, but after Labor Day 2011, it will begin considering applications for the 2012-2014 clerkship program, according to the Seventh Circuit Court of Appeals website.

To get an idea of the position, have a look at last year’s posting.

7th Circuit Upholds Wisconsin EPA Law, Rejects Sierra Club

The Wisconsin implementation of the Environmental Protection Agency's rules involving permits for plant modifications was recently upheld by the Seventh Circuit Court of Appeals, reports the Wisconsin State Bar.

The lawsuit was brought by the Natural Resources Defense Council and the Sierra Club. Both groups argued that there would be increased air pollution under the current implementation of the EPA's rules by the State of Wisconsin.

In 2002, the Environmental Protection Agency changed its regulations on permits, particularly in regards to determining when permits would be required when modifying existing facilities that emitted waste.

Indiana Seeks Appeal on Ban of Public Funding for Abortion

A Planned Parenthood lawsuit might make it to the U.S. Supreme Court yet again. The case has already weathered the district court and is now on its way up to the court of appeals.

After U.S. District Judge Tanya Walton Pratt granted an injunction against a new Indiana state law that would essentially cut public funding for abortion via Planned Parenthood, Indiana Attorney General Greg Zoeller filed a notice of appeal with the Seventh Circuit Court of Appeals this week, reports the Associated Press.