Federal Judge Subject to In-Court Death Threat by Criminal Defendant Not Required to Recuse Himself from Sentencing, Holds Split Seventh Circuit Panel

In United States v. Walsh, No. 21-1220 (7th Cir. Aug. 24, 2022), a 2-1 panel holds that a federal district court did not abuse its discretion in denying recusal from sentencing a criminal defendant who made a direct and credible death threat against the judge, his family, and court employees in court. “At 71 yearsContinue reading “Federal Judge Subject to In-Court Death Threat by Criminal Defendant Not Required to Recuse Himself from Sentencing, Holds Split Seventh Circuit Panel”

Seventh Circuit Affirms Dismissal of RICO Lawsuit Because It Would Require Intrusion on the “Motives of Individual State Legislators” in Passing a Utility Rate Hike, Citing the Rule of Fletcher v. Peck

In South Branch LLC v.  Commonwealth Edison Co., No. 21-2861 (7th Cir. Aug. 22, 2022), a potentially massive Racketeer Influenced and Corrupt Organizations Act (RICO) civil case challenging corrupt influence in the Illinois General Assembly, ends at the pleading stage. The panel cites both the “filed rate doctrine” that precludes judicial review of utility ratesContinue reading “Seventh Circuit Affirms Dismissal of RICO Lawsuit Because It Would Require Intrusion on the “Motives of Individual State Legislators” in Passing a Utility Rate Hike, Citing the Rule of Fletcher v. Peck”

Seventh Circuit Notes Important Difference Between Rejected Fed. R. Civ. P 68 Offer and Non-Rule 68 Settlement Offer in Determining Reasonable Attorney’s Fee

In Cooper v.  Retrieval Masters Creditors, No. 18-2358 (7th Cir. July 29, 2022), the Seventh Circuit vacates and remands an attorney’s fee award that was improperly reduced in a Fair Debt Collection Practices Act (FDCPA) case in reliance on a rejected, non-Rule 68 settlement offer in a mediation. “In February 2016, defendant Retrieval‐Masters Creditors BureauContinue reading “Seventh Circuit Notes Important Difference Between Rejected Fed. R. Civ. P 68 Offer and Non-Rule 68 Settlement Offer in Determining Reasonable Attorney’s Fee”

Seventh Circuit Busts Plaintiffs for “Judge Shopping,” Vacates and Remands Second Case to Be Reassigned to the Original Judge

In Ewing v. Carrier, No. 21-2890 (7th Cir. May 25, 2022), the Seventh Circuit skips a decision on the merits of a fraud and breach or contract case, finding that it was related to a pending case and should not have been filed as a new matter in front of a second judge. It vacatesContinue reading “Seventh Circuit Busts Plaintiffs for “Judge Shopping,” Vacates and Remands Second Case to Be Reassigned to the Original Judge”

Class Counsel Incurs Seventh Circuit Criticism for Calling Objector’s Counsel A “Notorious Professional Objector” in a Brief

In Petri v. Stericycle, Inc. No. 20-2055 (7th Cir. May 19, 2022), the Seventh Circuit vacates and remands a 25% class-action fee award in a securities case, ordering reconsideration of evidence that lead class counsel benefitted from prior litigation and other factors, and—in a parting shot—criticizes lead counsel for going after the objector’s lawyer individuallyContinue reading “Class Counsel Incurs Seventh Circuit Criticism for Calling Objector’s Counsel A “Notorious Professional Objector” in a Brief”

Third Party Could Not Intervene in Settled Individual Civil Rights Case to Turn It into a Rule 23 Class Action, Seventh Circuit Holds

In Ali v. City of Chicago, No. 21-1536 (7th Cir. May 17, 2022), the Seventh Circuit holds that a district court did not abuse its discretion by refusing to grant Fed. R. Civ. P. 24 intervention into an existing but settled individual § 1983 claim with the intention of converting it into a Fed. R. Civ.Continue reading “Third Party Could Not Intervene in Settled Individual Civil Rights Case to Turn It into a Rule 23 Class Action, Seventh Circuit Holds”

Pro Hac Vice Admission Fees Are Not a Taxable Cost Under 28 U.S.C. § 1920, Holds Seventh Circuit

In Canter v.  AT&T Umbrella Benefit Plan, No. 21-1514 (7th Cir. May 11, 2022), the Seventh Circuit holds in an issue of first impression in the circuit that a prevailing defendant may not tax pro hac vice admission fees for out-of-state lawyers as a “cost” under Fed. R. Civ. P. 54(d) and 28 U.S.C. §Continue reading “Pro Hac Vice Admission Fees Are Not a Taxable Cost Under 28 U.S.C. § 1920, Holds Seventh Circuit”

Fed. R. Civ. P. 27 Pre-Filing Deposition Is Not a Vehicle for Jurisdictional Discovery, Holds Seventh Circuit

In Qin v. Deslongchamps, No. 21-1873 (7th Cir. Apr. 14, 2022), the Seventh Circuit affirms the denial of a petition to take a Fed. R. Civ. P. 27 deposition of a member of a limited liability corporation (LLC) to ascertain their citizenship before filing a diversity suit in federal court. For federal diversity purposes, LLCsContinue reading “Fed. R. Civ. P. 27 Pre-Filing Deposition Is Not a Vehicle for Jurisdictional Discovery, Holds Seventh Circuit”

Another Court of Appeals Has to Write an Opinion Reminding Litigants That Fed. R. Evid. 702 Applies to Nearly All Cases in Federal Court Involving Expert Testimony

In Love v. United States, No. 20-3534 (7th Cir. Nov. 4, 2021), the Seventh Circuit issues a short opinion devoted entirely to knocking down an argument that state rather than federal expert-witness evidence rules apply to a case governed by state law. This mirrors a recent Second Circuit opinion from October 6, 2021. Plaintiff VargasContinue reading “Another Court of Appeals Has to Write an Opinion Reminding Litigants That Fed. R. Evid. 702 Applies to Nearly All Cases in Federal Court Involving Expert Testimony”

Seventh Circuit Criticizes District Court’s Delay in Issuing Its Merits Opinion Months After Ordering Dismissal of the Case, Citing Fed. R. App. P. 4(a)(7)(A)(ii)

In The Association of American Physicians & Surgeons v. American Board of Medical Specialties, No. 20-3072 (7th Cir. Oct. 10., 2021), affirming dismissal of an antitrust complaint brought under § 1 of the Sherman Act, the Seventh Circuit criticizes the district court’s delay in issuing the final opinion—a practice that in other circumstances cold “risk[]Continue reading “Seventh Circuit Criticizes District Court’s Delay in Issuing Its Merits Opinion Months After Ordering Dismissal of the Case, Citing Fed. R. App. P. 4(a)(7)(A)(ii)”