Monthly Archives: June 2015

Material World?

United States v. Clark | 14-1251

June 2015

In United States v. Clark, 14-1251, the Court confirmed that, like Madonna, it is “living in a material world” when it comes to prosecutions under 18 U.S.C. §1001, reversing a §1001 conviction based on lack of materiality of the false statement. Read More >>

Psychoanalysis from the Bench

United States v. Macias | 13-2166

June 2015

The Seventh Circuit has repeatedly warned that the deliberate indifference instruction (also known as the “ostrich instruction”) should be given in relatively limited circumstances. United States v. Macias, 13-2166, was not one of those limited circumstances, and thus the Court reversed the conviction. Read More >>

Your Honor, May I Try Again?

Childress v. Walker | 14-1204
Runnion v. Girl Scouts of Greater Chicago
and Northwest Indiana | 14-1729

June 2015

In Childress v. Walker, 14-1204 and Runnion v. Girl Scouts of Greater Chicago and Northwest Indiana, No. 14-1729, the Court considered the standards under Federal Rule of Civil Procedure 15 for leave to amend a complaint. Read More >>

The Meaning of “Willful”

Dukane Precast v. Perez | 14-3156

June 2015

OSHA investigations are not usually the source of significant legal developments, but Dukane Precast v. Perez, 14-3156, bucks the trend. After a Dukane Precast worker was seriously injured, OSHA investigated and cited the company with three serious violations, and one willful violation of OSHA regulations, which an administrative law judge upheld. Dukane appealed the findings, arguing inter alia  that willful violation was not in fact “willful.” Read More >>

Revocation Proceedings: When It is Better to Say Something Than Nothing At All

United States v. Boutlinghouse | 14-2764
United States v. Downs | 14-3157

June 2015

In United States v. Boutlinghouse, 14-2764 and United States v. Downs, 14-3157, the Seventh Circuit considered various issues regarding revocation proceedings. Read More >>

A New Route for Post-Conviction Sentencing Challenges

Webster v. Daniels 14-1049

June 2015

In Webster v. Daniels No. 14-1049, a sharply divided en banc court tried to clarify the confusing jurisprudence around habeas petitions. Read More >>