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

June 2011 News

Sears Class Action Lawsuit Sent Back to 7th Circuit Court of Appeals

When are class actions appropriate? This question has been addressed by many courts and most recently, by the U.S. Supreme Court.

The U.S. Supreme Court took a look at a Seventh Circuit Court of Appeals case to answer that question, reports Chicago Business. The case involved the sale of Sears dryers, which were advertised to be made of "all stainless steel". The lawsuit was brought by Chicago class action attorney Clinton Krislov, on behalf of himself and half a million other dryer-buyers.

Ex-East Chicago Mayor George Pabey Asks 7th Circuit for New Trial

Illinois political corruption is in the news again. This week, in a brief filed before the 7th Circuit Court of Appeals, former East Chicago Mayor George Pabey argued that he deserved a new trial.

In his brief, he also argued that he deserved a new sentence of a maximum of one year. Pabey was sentenced to five years in prison for using city employees and city money for the renovations of his house. He was convicted last year on one count of theft and one count of conspiring against the U.S. government. A former engineering supervisor, Jose Camacho, was also convicted.

Now, George Pabey is pointing the finger at Camacho in an attempt to relitigate issues of the case before the 7th Circuit.

Lies and Prosecutorial Misconduct: 7th Circuit Orders New Trial

The Seventh Circuit Court of Appeals upheld a district court ruling involving a witness who lied on the stand and the prosecutorial misconduct involved.

The lower court ruled that the federal prosecutors knew that a star witness was committing perjury during the course of a five week long drug conspiracy trial, reports the Chicago Tribune.

Chicago Public School Teachers' Victory Short Lived

Earlier this week, the Seventh Circuit Court of Appeals vacated a prior opinion in an employment lawsuit involving Board of Education of the City of Chicago and the alleged improper firing of nearly 750 teachers from Chicago public schools.

The case was previously ruled on by the Seventh Circuit Court of Appeals, but the Board had requested that the case be retried, claiming that the court had erred with regards to its application of Illinois law.

Chicago Businessman Veluchamy to Hand Over Passport

Be warned: If you owe the bank, your passport could be seized!

There’s obviously more to it than that but in the case of Mr. and Mrs. Veluchamy, the bank came after more than just the shirts off their backs when they defaulted on a $39 million loan from Bank of America.

Pethinaidu and Paremeswari Veluchamy, of the multi-million dollar Veluchamy Enterprises in Chicago, defaulted back in 2009, on a massive loan from Bank of America. BoA sued them for breach of contract and the district court entered a judgment against the Veluchamys in 2010.

7th Circuit Says Disparity in Cocaine Penalties Constitutional

Is crack cocaine more powerful than powder cocaine?

While that issue wasn’t for the 7th Circuit Court of Appeals to decide, the court did decide on whether the more severe penalty imposed on a defendant for distributing crack cocaine was a violation of Due Process and Equal Protection.

The question before the court, in simple terms, was this: Do the excessively more severe crack cocaine penalties violate the constitution?

Afraid of Heights? 7th Circuit Says You May Have ADA Lawsuit

Is the 7th Circuit Court of Appeals saying that fear of heights is a disability, under the Americans With Disabilities Act?

In a May 10th decision, the 7th Circuit is certainly not ruling out that possibility in the case of an acrophobic bridge worker who brought an ADA lawsuit against the Illinois Department of Transportation.

7th Circuit Court of Appeals Reprimands Hogan Lovell Attorneys

Judges want their courtrooms to be respected and they can demand a high level of professionalism from those who appear before them. If you're ever appearing before Judge Richard Posner, pay attention to detail! A three-judge panel of 7th Circuit Court of Appeals reprimanded attorneys for filing an allegedly misleading and unprofessional brief.

The attorneys identified in the decision, Kenneth Kirschner and Lyndon Tretter, came from the firm of Hogan Lovells and the U.S. Court of Appeals for the Seventh Circuit on Tuesday issued a decision criticizing the firm for a brief it filed on behalf of the Girl Scouts of the United States.

According to Thomson Reuters News & Insight, the panel of the 7th Circuit drew particular attention to the fact that the attorneys from Hogan Lovells had misrepresented precedent in their brief.

SCOTUS Keeps 7th Circuit Convictions For Conrad Black

Last October, the U.S. Court of Appeals for the Seventh Circuit overturned two mail and wire fraud convictions against media mogul Conrad Black. These decisions came after the U.S. Supreme Court sent Black's four convictions back to the 7th Circuit, for a ruling on the "Honest Services" issue.

Black's second bid to the U.S. Supreme Court, however, was not as fruitful. This week, the United States Supreme Court rejected an appeal challenging Black's two remaining convictions on fraud and obstruction of justice, reports Canadian Business.