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

November 2013 News

We know Obamacare has provoked litigation regarding its legality and application, but even robocall statutes? It seems the Affordable Care Act is full of litigious inspiration.

Indiana Robocall Law

Indiana has taken a strong stand against robocallers -- it has prohibited the use of automatic dialing devices except in limited circumstances where a person consents (directly or impliedly) to receiving the message. Patriotic Veterans, Inc. ("Veterans") uses robocalls for political speech -- and in the event that gave rise to the present litigation -- to notify veterans and seniors about the passage of Obamacare resulting in cuts to Medicare.

While there's a special place in hell for women who don't help women, there's also a special place for people who prey on the sick and dying. While her meeting with her maker may not be not near, the Seventh Circuit used their powers to make sure Maisha Hamilton's Fourth Amendment claims did not survive.

In the battle of the Cracker Barrels, the Seventh Circuit affirmed the district court's grant of preliminary injunctive relief against Cracker Barrel Old Country Store, Inc. ("CBOCS"), reports the Chicago Tribune.

The Cracker Barrel Names

Kraft has been selling low-cost, processed cheese under the Cracker Barrel name for over 50 years, to thousands of grocery stores across the country. CBOCS is a chain restaurant with 620 locations across the country. When Kraft learned that CBOCS planned to sell prepared foods to grocery stores under the CBOCS name, Kraft initiated a trademark infringement suit under the Lanham Act, and requested a preliminary injunction. The district court granted Kraft's motion, and CBOCS appealed.

"I've got this thing and it's f------ golden ... And I'm just not giving it up for f------ nothing." Blagojevich's own words, as reported by seattlepi.com, sum up the reason for his conviction on 18 counts of corruption.

Rod Blagojevich was tried and convicted by a jury of 18 counts: 14 wire fraud, 6 conspiracy, one attempted bribery, and one making false statements. As a result, he was ordered to pay $200,000 in fines and sentenced to 14 years imprisonment.

Now in his second year, of a 14-year prison term, Blagojevich, and prosecutors, have filed their appellate briefs to the Seventh Circuit Court of Appeals, reports the Chicago Tribune.

With religious challenges to the Patient Protection and Affordable Care Act's contraception mandate popping up all over the country, the Seventh Circuit has taken a stance -- and has even taken it a step further than other courts.

The Seventh Circuit has determined that people and their secular, for-profit companies can challenge the contraception mandate on religious grounds, and remanded with instructions to enter preliminary injunctions preventing enforcement of the contraception mandate.

While other courts have come to similar conclusions, the Seventh Circuit is the only one to instruct the district court to issue injunctions.

It's not often that a circuit court addresses a question of first impression in its circuit, getting the opportunity to weigh in on a circuit split, but last week, that is what happened in the Seventh Circuit.

Further deepening the divide among the circuits, the Seventh held that Title II of the Americans with Disabilities Act does not apply to public employment discrimination-based claims.

Wouldn't it be great if you could get paid to get ready for work? Imagine if the time you spent showering and getting changed (or as the courts like to say "donning and doffing") would be considered "work." Sounds crazy at first -- until you realize the types of chemicals and compounds that some workers are exposed to, and the necessity of showering and changing.

In that instance, it seems perfectly logical.

All states have different ways of handling abandoned, or unclaimed, property. Last week, the Seventh Circuit had to examine Indiana law, and reached a conclusion contrary to the district courts. In doing so, Judge Posner also pointed out an area of the law that may need additional legislation.