United States Seventh Circuit - Opinion Summaries

IN RE: WEINHOEFT

Bankruptcy Law
11 USC 522(b)(2)(A), does not exempt from a debtor's bankruptcy estate a settlement of a debtor's employment discrimination claim that "would have"...

SHROPSHEAR v. CORP. COUNSEL OF THE CITY OF CHICAGO

Civil Rights
Under 42 USC 1983, a state law equitable tolling applies to civil rights cases that "borrow" from state law causes of action.

S. AUSTIN COALITION CMTY. COUNCIL v. SBC COMMUNICATIONS, INC.

Antitrust & Trade Regulation, Communications Law
Under 15 USC 18 of the Clayton Act, telephone carriers that merge from non-competing local phone areas are subject to the "common carrier" exception.

CRUZ v. TOWN OF CICERO, ILLINOIS

Constitutional Law, Property Law & Real Estate
Evidence that a city applied inconsistent permit and zoning requirements on plaintiff, and more favorable ones on a third party competitor, because...

HEDRICH v. BD. OF REGENTS OF THE UNIV. OF WISCONSIN SYS.

Labor & Employment Law
Under Wisconsin law, the decision by university chancellor not to recommend tenure for a plaintiff starts the 300-day period to file a complaint with...

WINTERS v. MILLER

Criminal Law & Procedure, Habeas Corpus, Ethics & Professional Responsibility
In a murder case, the failure of defense counsel to raise argument of post-traumatic stress disorder in support of defendant's "defense of others"...

DIMENSKI v. IMMIGRATION & NATURALIZATION SERV.

Injury & Tort Law
An alien who leaves the US during the pendency of immigration proceedings on advance parole and then returns, is still subject to exclusion, rather...

US v. CHEMETCO, INC.

Criminal Law & Procedure, Environmental Law
Under Section 301 of the Clean Water Act, 33 USC 1311(a), the number of violation days is a sentencing factor, not an element of the offense that must...

FINER FOODS, INC. v. US DEP'T OF AGRIC.

Agriculture, Civil Procedure
Under 28 USC 2344 of the Hobbs Act, forwarding of a petition for review by facsimile to the US Department of Agriculture because of security concerns...

GERNETZKE v. KENOSHA UNIFIED SCH. DIST. NO. 1

Constitutional Law, Education Law
20 USC 4071(f) of the Equal Access Act allows a school principal to prohibit a student religious group from painting a religious mural on school...