United States Seventh Circuit

District court's summary disposition, sentencing defendant to thirty days for direct criminal contempt of court for directing his fans to send emails on his behalf directly to the court during civil contempt proceedings (for violating the terms of a consent order barring him from misrepresenting the content of any of his books on TV), is vacated and remanded as the district court's summary punishment was an abuse of discretion as defendant's conduct occurred outside the judge's presence as required under Rule 42.

Appellate Information

• Argued 04/08/2010
• Decided 05/20/2010
• Published 05/20/2010

Judges

• TINDER, Circuit Judge., Before MANION, ROVNER, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• David A. O'Toole, Attorney, Federal Trade Commission, Chicago, IL, for Plaintiff.


• For Appellees:
  
• Kimball R. Anderson, Attorney, Winston & Strawn LLP, Chicago, IL, for Defendant-Appellant.