7th Circuit Court

Posner Opinion Hits ‘Dreadful Muddle’ of Vague Judicial Terminology, Takes a Swipe at Cat’s Paw

A federal appeals court has reversed an employment verdict in an opinion that blames “vague judicial terminology” for adding confusion to workplace bias cases. The opinion (PDF) by Judge Richard Posner of the Chicago-based 7th U.S. Circuit Court of Appeals reversed a verdict for an employer because of an “unsound”…

Mar 13, 2012 10:30 AM CDT

Cops Can Obtain Number from Cellphone Without Warrant, Posner Opinion Says

A Chicago-based appeals court has ruled that police may search a cellphone for its number without obtaining a warrant. The number on the phone, seized during the defendant’s arrest at a drug bust, was used to subpoena the owner’s call history, revealing conversations with co-conspirators, according to the Wall Street…

Mar 1, 2012 3:48 PM CST

Good Cop, Bad Citizen? As Cellphone Recording Increases, Officers Are Uneasy

Walking past Boston Common, the city’s august park, in 2007, attorney Simon Glik noticed several police officers arresting a young man. Glik heard another bystander say he thought the police were using excessive force. So he pulled out his cellphone and began shooting video of the incident. After arresting the…

Mar 1, 2012 9:40 AM CST

7th Circuit Revives Suit Claiming Girls Basketball Denied ‘Prime-Time’ Scheduling

A three-judge panel of the 7th U.S. Circuit Court of appeals has revived a lawsuit that claims a girls basketball team in Indiana gets less desirable scheduling than the boys team in violation of Title IX. The Chicago-based panel held that the Franklin County, Ind., school system should face trial…

Feb 3, 2012 3:38 PM CST

Unknown Knowns: Torture Suits Against Rumsfeld May Revive a 40-Year-Old Liability Case

Asked in 2002 whether there was any evidence that Iraq had supplied terrorists with weapons of mass destruction, then-Defense Secretary Donald Rumsfeld famously opined: “As we know, there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say, we…

Feb 1, 2012 9:40 AM CST

Ex-Lawyer Gets 15 Years for Misleading Sellers in Mortgage-Rescue Scheme

A disbarred Illinois lawyer has been sentenced to a 15-year federal prison term for participating in a fraudulent mortgage-rescue scheme. The U..S. Attorney’s office says Norton Helton, 50, received above-market fees for serving as a closing attorney at over 100 transactions, in which sellers who had falsely been assured that…

Jan 20, 2012 9:22 PM CST

Posner Gets Creative with Photos Again, Pictures Bob Marley in Prisoner Rights Opinion

The federal appeals judge who pictured an ostrich in an opinion has turned to photography again, this time in a decision on a prisoner’s suit over shorn dreadlocks. “Dreadlocks can attain a formidable length and density,” the Jan. 13 opinion (PDF) says. A photo of the late reggae musician Bob…

Jan 17, 2012 11:30 AM CST

Bank of America to Pay Record $335M to Settle Claims of Countrywide Mortgage Lending Bias

Updated: Bank of America Corp. has agreed to pay a $335 million to settle claims that the Countrywide Financial unit it purchased discriminated against minorities by giving them mortgages with less favorable terms than the ones granted to whites. An independent monitor will be appointed to determine how the settlement…

Dec 21, 2011 9:31 PM CST

Federal Judge Calls Blago Lawyer’s New-Trial Motion ‘Harebrained,’ Says Contempt Ruling Could Result

Updated: A federal judge today sharply scolded a lawyer for pointing a finger at the forewoman of a jury that convicted former Illinois governor Rod Blagojevich in a political corruption case, reports the Chicago Tribune. A motion signed by Lauren Kaeseberg that sought a new trial for Blagojevich based on…

Dec 19, 2011 5:59 PM CST

Federal Judge OKs Crime Victim’s Suit Against ‘I Am the Prize’ DA Who Sent Her Racy Text Messages

A crime victim who says she was denied equal protection because the local district attorney sexually harassed her while prosecuting her boyfriend has been given the green light by a federal judge to to proceed with a civil rights suit. Stephanie Van Groll, 27, was described as a “tall, young,…

Dec 13, 2011 12:44 PM CST

Impeached Ex-Illinois Governor Rod Blagojevich Gets 14 Years in Federal Corruption Case

Impeached former Illinois governor Rod Blagojevich finally admitted his guilt today at sentencing and apologized, telling U.S. District Judge James Zagel he made “terrible mistakes” and is “unbelievably sorry.” Zagel, who was asked by federal prosecutors to sentence the former governor to a 15- to 20-year term in the Chicago…

Dec 7, 2011 6:01 PM CST

Crowell Client Asked in July re Use of Trust Account By Ex-Counsel Now Accused of Stealing

Accused in September of mishandling millions in client trust money, a now-former counsel of Crowell & Moring traveled to Hong Kong and, at last report, was awaiting extradition back to the United States. But a CEO of another Crowell & Moring client says he sent an email to the firm’s…

Dec 2, 2011 7:16 PM CST

Posner Opinion Includes Ostrich Photo to Portray Lawyers Who Ignore Precedent

Updated: A federal appeals court is criticizing lawyers who ignore or downplay precedent in an opinion that includes two photos to illustrate: One picture is of an ostrich and the other is of a man dressed in a suit with his head buried in the sand. The opinion by Judge…

Nov 28, 2011 12:00 PM CST

7th Circuit Nixes Class Action Over Junk Faxes, Criticizes How Plaintiffs’ Counsel Obtained Clients

Reversing a trial court’s green light for a would-be class action, a federal court of appeals yesterday nixed the expansion of a case over junk faxes. In doing so, the court criticized the way Chicago-based Bock & Hatch lined up clients for the case, Reuters reports. Promising confidentiality to a…

Nov 23, 2011 6:52 PM CST

Tootsie Roll Sues Footzyroll, Claims Likelihood of Confusion Between Candy Bar and Soft Shoe Brand

At first glance, a soft, roll-up slipper might not seem likely to be confused with a famous candy bar brand. But the Footzyrolls made by Rollashoes not only free-ride on the more than 100-year-old Tootsie Roll Industries name but might well be thought to be an affiliated product, contends a…

Nov 21, 2011 9:44 PM CST