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

March 2017 News

Home Depot Faces Trial in Worker's Murder

A federal appeals court said that Home Depot must face trial for a supervisor's off-duty murder of a company employee.

The U.S. Seventh Circuit Court of Appeals said employers are responsible for workers who tortiously abuse their supervisory authority -- even when it occurs away from work. The appellate panel said it is the same as when a worker drives a company car.

"Both entrustment with a chattel and entrustment with supervisory authority set employees apart from the general public," Judge David Hamilton wrote in Anicich v. Home Depot. "In both situations, employers have the ability and incentive to consider and monitor the employees whom they are trusting and how that trust is used."

Throwing Rocks at Armed Israeli Soldiers Deemed a Terrorist Act

A Palestinian man lost his petition to immigrate to the United States because he threw rocks at Israel soldiers when he was 13 years old, a federal appeals court said.

The U.S. Seventh Circuit Court of Appeals said the man's childhood act was "admittedly minor, when compared with the worst terrorists acts," but also said its hands were effectively tied. The appellate panel said that it had limited authority to review the consular's discretionary decision in Hazama v. Tillerson.

"This was a discretionary call, and it would not have been outside the consular officer's discretion to consider this as an act of juvenile rebellion rather than an act of terrorism," Judge Diane Wood wrote for the court.

Judge Posner isn't just one of the judiciary's most influential jurists, he's also a noted cat fancier. His puss, an eight-year-old Maine Coon named Pixie, is one of the most famous legal pets around. Both "beautiful and very intelligent," according to Posner, Pixie is also the first cat "actually to like me."

Posner's love of cats, and perhaps his frustration with their pickiness, made its way into a recent decision in an eye-drop class action suit. Posner vacated class certification and ended the suit, but not until he'd gone on a lengthy tangent about pedigree cats, their fancy kibble and their taste for fine water fountains, a digression that took up about 20 percent of the brief opinion.

A U.S. district court in Chicago recently denied a warrant that would have allowed the government to compel any individual at the searched location to unlock his iPhone, iPad, or other Apple electronic device that was protected Touch ID. The warrant application raises serious Fourth and Fifth Amendment concerns, the court explained, and fails to establish sufficient probable cause for the request that "is neither limited to a particular person nor a particular device."

Last summer, the U.S. government obtained a similar warrant to compel anyone in a building in California to unlock their phones with their fingerprints, but the recent ruling out of Illinois shows how such requests can meet resistance.