Monthly Archives: April 2015

Document Retention Policy Saves the Day

Aircraft Check Services Co. v. Verizon Wireless | 14-2301

April 2015

Next time you are meeting with the general counsel of your favorite  corporate client and trying to impress upon her the importance of an established document retention policy, pull out Aircraft Check Services Co. v. Verizon Wireless, 14-2301. Aircraft Check Services had the potential to be a huge, consuming antitrust class action lawsuit involving the pricing of text messages. Read More >>

Time to Raise Timeliness

Hillman Health Center of Rochester v. Abbott Laboratories
14-2282 & 14-2909

April 2015

In Hillman Health Center of Rochester v. Abbott Laboratories, a civil RICO case based on alleged off-label promotion of certain pharmaceuticals, the Seventh Circuit reaffirmed its view that dismissal of a complaint based on statute of limitations “at the pleading stage is an unusual step, since a complaint need not anticipate and overcome affirmative defenses, such as statute of limitations.” Read More >>

“Self-Critical Analysis Privilege” Nonexistent in Illinois State Courts

Harris v. One Hope United, Inc. | 2015 IL 117200

April 2015

Although our focus is Seventh Circuit jurisprudence, occasionally we come across a case that is so significant that we are compelled to bring it to your attention. Harris v. One Hope United, Inc., 2015 IL 117200, is such a case.  In Harris, the Illinois Supreme Court found that the “self-critical analysis privilege” does not exist in Illinois courts. Therefore, a private social service agency’s internal review of an infant’s death while the infant and her family were under the agency’s care was not privileged, and consequently discoverable in civil litigation.Read More >>

Developing Second Amendment Jurisprudence

Friedman v. City of Highland Park | 14-3091

April 2015

Most of us do not spend a significant (if any) amount of time litigating Second Amendment issues, but it is one of those hot button political issues that some like to use to infuriate your favorite liberal friend or NRA member.  In Friedman v. City of Highland Park, 14-3091, a split panel considered Highland Park’s complete ban on possession of assault weapons or large-capacity magazines (accepting more than 10 rounds), including AR-15’s and AK-47’s. Read More >>

Use and Misuse of IRS Administrative Subpoenas

United States v. Procknow | 14-1398

April 2015

In United States v. Procknow, 14-1398, the Seventh Circuit reviewed the appropriate use of administrative subpoenas by the IRS to further a criminal investigation. In Procknow, IRS agents issued administrative subpoenas to initiate a criminal investigation based on information provided by the local police. After issuing the administrative summonses, and after receiving some responsive documents, a Department of Justice criminal investigation was opened. The agents then destroyed any records received from the administrative subpoena, issuing grand jury subpoenas in their stead. Read More >>

When the Judge Knows More Than the Attorneys

United States v. Modjewski | 13-3012

April 2015

Have you ever presented an expert witness and the direct goes swimmingly?  Opposing counsel’s cross does not get much mileage, and you slowly exhale thinking all went well, when the judge utters those few, dangerous words, “Excuse me, I just have a few questions.”

In United States v. Modjewski, the Seventh Circuit explored the appropriate limits of a trial judge engaging in questioning during a sentencing hearing. Read More >>

Keep the Door Closed

United States v. Curtis | 14-2069

April 2015

In U.S. v. Curtis, after an expensive divorce and some looting by a former law partner, Curtis fell behind on his taxes. The IRS worked cooperatively with Curtis over the next decade but eventually referred the matter for criminal investigation. Curtis was charged with three misdemeanor counts of willfully failing to pay taxes in 2007, 2008, and 2009 in violation of 26 U.S.C. § 7203. The only issue at trial was whether he acted willfully. Read More >>