Can federal courts deny a prevailing party litigation costs because it was a close case? According to the Seventh Circuit’s recent opinion in United States ex rel. Pileco, Inc. v. Slurry Systems, Inc., No. 14-1267 (7th Cir. Oct. 28, 2015), written by Judge Richard Posner, the answer is “yes,” though only under limited circumstances, when the loser is indigent.
In Jennifer Trehar v. Brightway Center, Inc., the Seventh District Court of Appeals held that a promissory estoppel claim can lie even without an explicit promise—silence where an ordinary person would make a statement or take action.
For the purposes of the Erie doctrine, which directs federal courts sitting in diversity to apply state substantive law and federal procedural rules, “damages law is substantive law,” and that includes the law that governs judicial approval of settlements with minors, according to In re Williams, Bax & Saltzman, P.C., No. 13-2434 (Nov. 5, 2015), a recent decision from the Seventh Circuit written by Judge Diane S. Sykes.
Insiders who loot their corporate entities often dispose of the cash proceeds in transactions with third parties.
Get Ready for More Class-Action Lawsuits: The Seventh Circuit Finds Potential Future Harm Sufficient for Standing in Data-Breach Class Action
For years, data-breach plaintiffs have faced a huge barrier to obtaining relief in court: many courts have dismissed their complaints because they have been unable to demonstrate actual harm (or “concrete and particularized injury,” in lawyer-speak)—and actual harm is generally a requirement to have standing in federal court.
On October 20, the Seventh Circuit held, in Barrett v. Illinois Department of Corrections, that a former state employee’s Family and Medical Leave Act (“FMLA”) denial of leave claim was untimely because suit was not filed until the employee was fired for her poor attendance record and not within two years of each alleged leave denial.
In two recent cases, the Third Circuit and Seventh Circuit each found an absence of coverage under general liability policies resulting from consumer privacy claims, one for alleged violations of a state ZIP code statute and another for alleged violations of a state unauthorized recording statute.
Are Federal Courts ready to recognize that Title VII’s anti-discrimination prohibition extends to claims of sexual orientation?
Claims by providers seeking to assert the rights of ERISA plan participants have been percolating in courts throughout the country.