7th Circuit Court News News - U.S. Seventh Circuit
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Recent Court News Decisions

Prison Starvation Case to Go Forward

Nicholas Glisson made the mistake of selling a prescription pill to his confidant, who turned out to be an informant.

The Wayne County judge made the mistake of sending Glisson to prison, disregarding doctors' recommendations for house arrest because of his poor health.

The Indiana Department of Corrections made the mistake of not treating his condition, and Glisson died of starvation and acute renal failure 37 days later.

"'I'm sorry to tell you your son passed," Alma Glisson recalled of a phone call from the prison. "I said, 'Oh my God, you killed my son!'"

7th Circuit Snuffs Out Indiana's Vaping Law

To say that Indiana's vaping law was overreaching would be an understatement.

In snuffing out portions of the state's law, the Seventh Circuit Court of Appeals said that it could not find a single case in 200 years of precedent to support Indiana's legislation as it affected business in the state and beyond. The court said the law basically put everybody out of business except one company.

"These circumstances raise obvious concerns about protectionist purposes and what looks very much like a legislative grant of monopoly," Judge David Hamilton wrote for the unanimous court.

The Indiana legislature enacted the law in 2015, requiring vaping businesses that manufacture e-liquids to contract with a security company in order to obtain a state permit. The law was so restrictive, a dozen Indiana vaping companies soon closed their shops. Only one company -- Mulhaupt's Inc., located in Lafayette -- survived.

Court: Cable Company Not Liable for Keeping Customer's Personal Data

A federal appeals court has rejected a consumer's suit against Time Warner Cable for retaining personal information he gave the company when he subscribed to its services.

The Seventh Circuit Court of Appeal said the plaintiff did not have any damages or standing to sue the cable company. The plaintiff claimed the company violated the Cable Communications Policy Act, which provides that a cable operator "shall destroy personally identifiable information if the information is no longer necessary."

The appellate court said the act also imposes a duty on cable operators to retain rather than destroy subscriber information for specified reasons. Affirming a dismissal of the case for lack of standing, the justices said the plaintiff had not shown any plausible risk of harm.

7th Circuit Shoots Down Firing Range Laws

The Seventh Circuit Court of Appeals shot down key provisions of Chicago's embattled gun laws, striking down a 500-foot zoning restriction for shooting ranges and a ban on children from entering them.

The decision marked another defeat for Chicago in its fight over gun use since the U.S. Supreme Court threw out its ban on handguns in 2010. The city responded by outlawing shooting ranges, but the Seventh Circuit invalidated that law.

"Range training is not categorically outside the Second Amendment," the court said. "To the contrary, it lies close to the core of the individual right of armed defense."

If you've ever run into the so-called 'sovereign citizen' theory of the law, you know that it is, well, complete BS. The sovereign citizen movement is based on a strange interpretation of common law, the Uniform Commercial Code, and maritime law, which followers believe allows them to avoid taxes and pretty much all legal authorities. It's a movement based out of conspiracy, confusion, and a paranoid view of reality. It's just nuts.

But Seventh Circuit Judge Richard Posner is taking some heat from his colleagues for saying as much in court. Faced with a pro se sovereign citizen defendant in 2015, Posner showed little patience for the man's arguments, calling them "complete bullshit." Now his colleagues are considering whether Posner's frustration denied the man a fair trial.

No Part-Time Vacation at Red Lobster, Court Rules

A federal appeals court has rejected a class action claim that Red Lobster, Olive Garden, and other restaurants failed to pay part-timers vacation pay.

The Seventh Circuit Court of Appeals said that two employees failed to qualify for class action status because they were not proper representatives, particularly because they were part-time employees and vacation was offered only to full-time employees. Under Illinois wage laws, the court said, the restaurants were not required to pay part-time employees vacation benefits.

7th Circuit Upholds Ban on Robocalls

It's not easy being a machine. Put another way, robots do not have free speech rights. Or in other words, you can't use robocalls to convey political messages. Or perhaps even better said, as a federal appeals court said after listening to arguments that a ban on robocalls discriminated against political speech:

"We don't get it," the Seventh Circuit Court of Appeals said. "Nothing in the statute ... disfavors political speech."

Acquitted Attorney Can't Sue Prosecutors, 7th Cir. Rules

No good deed goes unpunished, and you can't even sue for it.

That's a summary of the Seventh Circuit Court of Appeals' decision in Katz-Crank v. Haskett, which says an acquitted lawyer is barred from suing government officials who unsuccessfully prosecuted her. Here's what happened:

An attorney discovered her client was committing fraud and reported him to authorities. But they already knew about it and were investigating whether the attorney was involved. They charged her with aiding and abetting, and she was acquitted. She sued, and a judge dismissed. The court of appeals affirmed.

Meanith Huon's battle with blogs will continue after the Seventh Circuit revived his lawsuit against Jezebel this week. Huon, an Illinois attorney, began his battle with Jezebel, once part of the Gawker network, and the legal blog Above the Law over their coverage of a rape accusation against him. Huon sued the blogs for defamation based on their portrayal of him as a serial rapist.

Huon's suit against Jezebel was originally dismissed in district court but was given new life on Monday, when the Seventh Circuit ruled that Huon's accusations regarding the blog's comments were strong enough to withstand summary judgement, particularly given Huon's claims that user comments were created and developed with the help of Jezebel's staff.

'Rats. This case is about rats.' And so begins Seventh Circuit Judge Frank Easterbrook's finest judicial opinion, his Marbury v. Madison, his Brown v. Board of Ed., his Fisher v. Lowe.

Well, maybe that's going a bit far. But for a case about rats, this one from Easterbrook is pretty good.