In United States v. Bowyer, No. 23-3169 (7th Cir. Sept. 18, 2024), a 2-1 panel upheld a conviction over an argument that a district court judge effectively deprived the defendant of his right to allocution, dominating the procedure by his own bench comments. Judge Jackson-Akiwumi files a dissent. “Andre Bowyer, a national of Jamaica, pleadedContinue reading “Federal Judge Who Spoke Over 80% of Defendant’s Allocution Did Not Commit Plain Error, Split Seventh Circuit Panel Holds”
Tag Archives: Seventh Circuit
Alleged Shoving Match Between Counsel at a Deposition Leads to Sanctions and an Appeal to the Seventh Circuit
In Vega v. Chicago Bd. of Ed., No. 23-1183 (7th Cir. July 29, 2024), the Seventh Circuit affirms in part and reverses in part sanctions awarded by the district court under 28 U.S.C. § 1927 and the court’s inherent authority after an acrimonious deposition that allegedly led to a physical confrontation. “On July 13, 2017,Continue reading “Alleged Shoving Match Between Counsel at a Deposition Leads to Sanctions and an Appeal to the Seventh Circuit”
Seventh Circuit Questions Standard of Review for Orders Declining to Exercise Ancillary Enforcement Jurisdiction
In Continental Indem. Co. v. BII, Inc., N. 23-1648 (7th Cir. June 12, 2024), the Seventh Circuit affirms dismissal of an action filed under Fed. R. Civ. P. 69 by an insurer against an alleged garnishee, holding that it fell outside the court’s ancillary enforcement jurisdiction. The panel, though, reserves for future consideration whether theContinue reading “Seventh Circuit Questions Standard of Review for Orders Declining to Exercise Ancillary Enforcement Jurisdiction”
Seventh Circuit Takes Time Out to Berate Bernhard Modern Font
In Asimah v. CBL & Assoc. Mgt, Inc., No. 23-2495 (7th Cir. June 3, 2024), a decision otherwise dismissing a case based on a defect in the notice of appeal, the Seventh Circuit devotes a couple of pages to typography. “We are publishing this opinion . . . to urge all lawyers to read andContinue reading “Seventh Circuit Takes Time Out to Berate Bernhard Modern Font”
Risk Posed by Contaminated Baby Formula Alone Was Not Enough to Constitute Concrete Injury for Article III Standing, Holds Seventh Circuit
In Economic Loss Plaintiffs v. Abbott Laboratories, No. 23-2525 (7th Cir. Apr. 2, 2024), the Seventh Circuit holds that “a potential class of consumers who purchased infant formula manufactured by Abbott Laboratories at a facility later deemed unsanitary” failed to establish Article III standing based on “potential risk of injury.” “Abbott Laboratories produces powdered infantContinue reading “Risk Posed by Contaminated Baby Formula Alone Was Not Enough to Constitute Concrete Injury for Article III Standing, Holds Seventh Circuit”
Seventh Circuit Holds That Even a Brief Interruption of Self-Employment Can Be An Injury For Article III Purposes, But It Must Be Proven Factually
In Brown v. CACH, Inc., No. 23-1308 (7th Cir. Feb. 29, 2024), the Seventh Circuit observes that a self-employed person may argue, as an Article III injury, that they were interrupted from remunerative work – even briefly – but that the injury must be proven, not assumed. In response to a call at home aboutContinue reading “Seventh Circuit Holds That Even a Brief Interruption of Self-Employment Can Be An Injury For Article III Purposes, But It Must Be Proven Factually”
Seventh Circuit Holds That Lawyer Has No Article III Standing to Appeal Court Order Revoking His Pro Hac Vice Admission Where Case Below Is Settled and Dismissed with Prejudice
In Bailey v. Worthington Cylinder Corp., No. 22-2111 (7th Cir. Jan. 22, 2024), the Seventh Circuit dismisses an out-of-state lawyer’s appeal of a lower order revoking his pro hac vice admission, holding that his reputational interest alone does not present a redressable interest to support Article III standing. Appellant counsel “is an attorney licensed toContinue reading “Seventh Circuit Holds That Lawyer Has No Article III Standing to Appeal Court Order Revoking His Pro Hac Vice Admission Where Case Below Is Settled and Dismissed with Prejudice”
Seventh Circuit Holds That It Is Not Always Appropriate, in Making an Erie Prediction of a State’s Highest Court, for a Federal Court to Avoid Expansion of State Law
In Green Plains Trade Group, LLC v. Archer Daniels Midland Co., No. 23-1185 (7th Cir. Jan. 12, 2024), the Seventh Circuit vacates and remands a judgment dismissing a complaint in a diversity tortious-interference case, holding that the district court was possibly too cautious in its prediction of Nebraska law. Plaintiff “Green Plains based its claimContinue reading “Seventh Circuit Holds That It Is Not Always Appropriate, in Making an Erie Prediction of a State’s Highest Court, for a Federal Court to Avoid Expansion of State Law”
Concurring Judge Urges Seventh Circuit to Revisit Spousal Testimonial Privilege as Applied to Co-Conspirators
In United States v. Diggs, No. 22-1502 (7th Cir. Sept. 5, 2023), a concurring judge in an opinion otherwise affirming a criminal conviction urges that the circuit revisit its stance on the spousal testimonial privilege as applied to alleged co-conspirators, holding that the standing circuit law was overruled by Trammel v. United States, 445 U.S.Continue reading “Concurring Judge Urges Seventh Circuit to Revisit Spousal Testimonial Privilege as Applied to Co-Conspirators”
Seventh Circuit Wades into Circuit Split About Whether District Courts Have Discretion to Allow Amendment of a Complaint Through Summary Judgment Briefing
In Schmees v. HC1.com, Inc., No. 22-1214 (7th Cir. Aug. 8, 2023), the Seventh Circuit addresses the “muddled” law of whether district courts may treat new claims raised by a plaintiff for the first time in summary judgment briefing as a constructive amendment to the complaint. The court holds they may, although it does notContinue reading “Seventh Circuit Wades into Circuit Split About Whether District Courts Have Discretion to Allow Amendment of a Complaint Through Summary Judgment Briefing”
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