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

April 2012 News

SCOTUS Tells Seventh Cir. to Reconsider Gov. George Ryan's Appeal

Is there a glimmer of hope for disgraced Illinois Governor George Ryan?

The former governor, who is serving time in federal prison for corruption charges, could benefit from the Supreme Court's Wood v. Milyard decision. Monday, the Supreme Court told the Seventh Circuit Court of Appeals to reconsider Ryan's honest services fraud conviction in light of the April 24 opinion.

Bipolar Woman Can Sue Chicago Cops for Release in High-Crime Area

The Seventh Circuit Court of Appeals announced on Thursday that Christina Eilman can sue seven Chicago police officers for releasing her into a violent neighborhood where she was raped and nearly killed, reports the Chicago Tribune.

The decision brings an end to a two-year qualified immunity interlocutory appeal.

Preposterous Federal Removal Attempt? Say Hello to Sanctions

When do sanctions transcend beyond warranted to the rarefied ranks of "richly deserved"? Seventh Circuit Court of Appeals Chief Judge Frank Easterbrook offered a little insight on that topic this week based on an attorney's botched attempt to remove an action for sanctions in a lawsuit to a federal court.

Attorney David Novoselsky, purporting to represent plaintiff MB Financial as guardian of minor Cristina Zvunca's financial interests, sued six defendants in a state court. His suit alleged, among other things, that several of the defendants had abused Zvunca.

Seventh Circuit to FACT Act Plaintiff: What's Your Damage?

The Seventh Circuit Court of Appeals dismissed a class action lawsuit against Shell Oil this week, finding that the company did not willfully violate the Fair and Accurate Credit Transactions Act (FACT Act) by printing the last four digits of customers’ account numbers on gas pump receipts, Reuters reports.

The FACT Act requires that companies truncate credit card numbers on electronically-printed receipts to combat identity theft. The Act states that receipts must not display more than the last five digits of a card number, but it doesn't define “card number.”

Seventh Circuit: Friendship is Not Constitutionally Protected

If you want job stability, stay out of politics.

Politicos aren’t the only ones who risk losing their gigs during election seasons or political coups; their staff can also be constitutionally-canned, according to the Seventh Circuit Court of Appeals.

Lawsuits Make Strange Bedfellows: MPAA, Porn, and Infringement

The Motion Picture Association of America has joined forced with Flava Works, a gay porn production company, in a copyright infringement lawsuit over a website that allowed users to upload embedded links to porn videos. The case is now on appeal to the Seventh Circuit Court of Appeals.

Flava Works claims that myVidster.com, a social video bookmarking site, infringed on its copyrighted material by embedding Flava Works' videos on myVidster and reaping the ad revenue rewards. Last year, a federal judge in Illinois agreed, and ruled that myVidster was not protected under Digital Millennium Copyright Act (DMCA) safe harbor provision.

Seventh Circuit Kicks Eau Claire's Nasty Habit

Some people will tell you that bar brawls add character to a neighborhood drinking hole. Wisconsin, however, classifies alcohol-fueled fisticuffs as grounds to yank an establishment's liquor license under the “disorderly house” statute.

When Eau Claire's Nasty Habit Saloon lost its liquor license in 2006, Scott Hegwood challenged the disorderly house statute, arguing that it was unconstitutionally vague as applied to the Nasty Habit. This week, the Seventh Circuit Court of Appeals rejected that argument, finding that face-kicking, chokeholds, and dog piles of fighting patrons epitomized a disorderly house.

Recording Police v. Recording Citizens Debated in Courts, IL Legislature

While the Seventh Circuit Court of Appeals continues pondering ACLU v. Alvarez , a case challenging the Illinois eavesdropping statute, Illinois is considering new legislation that would give police even more power to record suspects without their consent.

Under the Illinois eavesdropping statute, a person cannot record a conversation unless he has "the consent of all of the parties to such conversation or electronic communication." Last week, the Illinois House of Representatives passed a bill to amend the eavesdropping law to permit undercover cops to make audio recordings of suspected drug dealers without a judge's approval, reports the Chicago Tribune.

Bogus Parking Ticket Victim Can Bring Police Harassment Lawsuit

City parking tickets can result in a police harassment lawsuit, according to the Seventh Circuit Court of Appeals.

Last week, a three-judge panel reinstated Mark Geinosky's lawsuit against the city of Chicago and eight Chicago cops. Geinosky claims the officers singled him out for 24 bogus parking citations over a 14-month period, reports the Chicago Tribune.