It’s rare that a party to a contract can breach it but not be liable for a remedy.
The U.S. Court of Appeals for the Seventh Circuit could entertain arguments on what “capacity” equipment must have to be considered an autodialer under the Telephone Consumer Protection Act (TCPA).
In a case decided last Friday, KDC Foods v. Gray, Plant, Mooty, Mooty & Bennett, P.A., No. 13-3678 (7th Cir. Aug. 15, 2014), the Seventh Circuit warned companies not to expect much leeway from statutes of limitation under Wisconsin law.
This case pitted Fortres Grand, seller of software under the mark “Clean Slate,” against Warner Bros. which, in 2012, released the last Batman film, The Dark Knight Rises.
Two weeks ago, in an order given wide publicity nationally, federal District Judge Mark Bennett of the Northern District of Iowa issued sanctions in Security National Bank v. Abbott Laboratories, addressing what Judge Bennett perceived as abusive discovery conduct in a case over which he had presided.
Putting together all the Seventh Circuit’s decisions from the last few decades on subject-matter jurisdiction would yield an impressive textbook on the subject.
Seventh Circuit Holds Federal Agencies Can Be Sued for Public Nuisance, but Affirms Dismissal of Claim
On July 14, 2014, the Seventh Circuit decided Michigan et al. v. U.S. Army Corps of Engineers et al. (Wood, C.J., writing for a unanimous panel).
It’s Not a Federal Question: 7th Circuit Sends Case Involving Affordable Care Act Funds Back to State Court
What is or what is not a federal question under Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005), is an issue that continues to perplex lawyers, judges, and law students alike.
Wary of Class Action Abuses, Seventh Circuit Slams ‘Scandalous’ Settlement Over Allegedly Defective Windows
Recently, a District Court approved a class action settlement of an action against a manufacturer of allegedly defective windows.
One of the prominent cases in which a products liability class action has been certified in recent years is Pella Corp. v. Saltzman, 606 F.3d 391 (7th Cir. 2010), involving windows that allegedly contained a design defect that allowed water infiltration.