Monthly Archives: August 2014

Out of Circuit, But Worth a Read

In re: Kellogg Brown & Root | 14-5055
U.S. Court of Appeals for the D.C. Circuit

August 2014

While we like to focus on Seventh Circuit cases, the influential U.S. Court of Appeals for the D.C. Circuit issued an extremely important ruling on the scope of attorney-client privilege in the context of internal investigations. In re: Kellogg Brown & Root, No. 14-5055, the D.C. Circuit reaffirmed that confidential statements made during the course of an internal investigation are privileged. Read More >>

Guilty Pleas by Magistrate Judges

United States v. Harden | 13-1323

August 2014

In United States v. Harden, No. 13-1323, the Seventh Circuit found under the Federal Magistrates Act, 28 U.S.C. §636, that federal magistrates cannot accept Rule 11 guilty pleas to felonies. Read More >>

Revealing Relevance

Wilson v. City of Chicago | 13-1279

August 2014

In Wilson v. City of Chicago, the Court touched on an evidentiary issue that may be fodder next time you are arguing in favor of admission of relevant and damning evidence. Read More >>

Right to Have a Fool for a Client

United States v. Lee | 13-1976

August 2014

In United States v. Lee, No. 13-1976, the Court re-affirmed that a “competent” defendant has the right to represent himself at all phases of a criminal case, including a suppression hearing. Read More >>

Timing is Everything

United States v. Gutierrez | 14-1159

August 2014

Davis v. United States, 131 S. Ct. 2419 (2011) holds that evidence will not be suppressed under the Fourth Amendment if “binding appellate precedent specifically authorize[d]” the officers’ conduct at the time they acted. And United States v. Gutierrez illustrates well the results this can cause.Read More >>

Just the Facts Ma'am

Reeves v. Jewel Food Stores, Inc. | 13-3782

August 2014

In Reeves v. Jewel Food Stores, Inc., 13-3782, the Seventh Circuit re-affirmed an underlying precept of fact pleading.Read More >>

What Are the Facts Ma'am?

Bradner v. Am. Academy of Orthopaedic Surgeons, et al. | 12-3426

August 2014

The next time you face a summary judgment motion in which an opponent has failed to properly support a conclusory allegation, consider citing to Brandner v. American Academy of Orthopaedic Surgeons, No. 12-3426.Read More >>

Putting Civility Back in Civil Litigation

Salata v. Weyerhaeuser Co. | 13-3136

August 2014

Salata v. Weyerhaeuser Co. is a good reference next time you are faced with truly contumacious conduct by opposing counsel. Read More >>

Available Relief for the Unavailable Witness

United States v. Jonassen | 13-1410

August 2014

In United States v. Jonassen, the Seventh Circuit found that a defendant who causes the unavailability of a witness does not reap the benefits of his own misconduct. Read More >>

Sentencing Potpourri

United States v. Chychula | 12-3695

August 2014

In United States v. Chychula, No. 12-3695, the Court reminded litigants and district courts that when an obstruction of justice enhancement is applied (USSG §3C1.1) based on a defendant’s perjurious statements, the district court “should make a finding as to all the factual predicates necessary for a finding of perjury: false testimony, materiality, and willful intent.” Failure to do so is error (although in this case, the failure was harmless).Read More >>