Articles

In contamination case, 7th Circuit cleans up messy preclusion fight

Even though none of the businesses disagreed over who contaminated a manufacturing site, the question of who should pay for the cleanup became a fight over claim preclusion that ended with the 7th Circuit Court of Appeals offering instructions on how the lawsuit should have been defended.

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Reversal: USDA farm wetlands ruling arbitrary and capricious

A Hancock County farm family denied U.S. Department of Agriculture benefits since the removal of nine trees from their farm in the 1990s prevailed in litigation against the agency. The 7th Circuit Court of Appeals entered judgment for the family, finding USDA’s rulings in the case arbitrary and capricious.

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Maley: Contempt order shows electronic case filing e-notice risks

For years now, all federal courts have been using ECF electronic filing along with electronic service of filings and court orders. This system offers great convenience and efficiencies, but in today’s litigation practices, with the seemingly nonstop, never-ending inflow of email, the risks of missing a court order are increased. This proved painful in a recent 7th Circuit decision.

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Whether armed robber ‘physically restrained’ victims splits 7th Circuit

The question of whether an armed robber can be said to have physically restrained his victims as an enhancement under federal sentencing guidelines split the 7th Circuit Court of Appeals on Thursday. The ruling also deepened a wide circuit split on the issue, with judges answering the question by employing a classic legal maxim: It depends.

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