Judge Easterbrook and his colleagues on the U.S. Court of Appeals for the Seventh Circuit aren’t about to exercise jurisdiction over a civil action of interpleader merely on credit or promises to pay. The plaintiff has to pony up the goods.
7th Circuit Court of Appeals Creates Expansive Definition of “Referral” Under the Anti-Kickback Statute
On February 10, 2015, in United States v. Patel (Case No. 14-2607), the Seventh Circuit Court of Appeals ruled that a physician makes a “referral” within the meaning of the federal health care programs Anti-Kickback Statute (AKS) when the physician makes a certification and recertification for Medicare-reimbursed home health services even without playing any role in the patient’s selection of the provider.
When the court makes an evidentiary ruling off the record, it is required to enter on the record an explanation of the reasoning behind its decision.
Seventh Circuit Holds That EEOC Can Pursue Employers’ Other Businesses for Violations of Federal Employment Law by Dissolved Entities
In EEOC v. Northern Star Hospitality, Inc., No. 14-1660, 2015 WL 353997 (7th Cir. Jan. 29, 2015), the U.S. Court of Appeals for the Seventh Circuit held that companies under common ownership can be liable as successor entities to companies that are incapable of paying judgments in federal employment actions if there is continuity between the operations and workforce of the entity that is incapable of paying the judgment and another of the employer’s businesses.
The Seventh Circuit’s docket appears to be rife with cases involving little errors that turn out to have not-so-little effects.
On January 12, the Seventh Circuit Court of Appeals refused Motorola Mobility LLC’s petition for a rehearing en banc of its price-fixing claims against foreign manufacturers of liquid crystal display (LCD) panels. Motorola Mobility LLC v. AU Optronics Corp., et al., case number 14-8003.
The Seventh Circuit Interprets Wisconsin Exemption Law On College Savings Accounts and Retirement Annuities, but Did It Have Jurisdiction?
In re Bronk (Cirilli v. Bronk), No. 13-1123 (7th Cir. Jan. 5, 2015), resolved a couple of “questions of first impression,” slip op. at 1, under Wisconsin’s exemption statute in a case where a bankruptcy trustee sought to upset a debtor’s pre-filing “exemption planning.”
For years United Airlines has asked its customers to “Fly the Friendly Skies,” but a dispute with one of its frequent flyers turned decidedly unfriendly and became the subject of a recent case before the Seventh Circuit in Lagen v. United Continental Holdings, Inc., No. 14-1375 (7th Cir. Dec. 22, 2014).
International arbitration can be tricky, and it’s not often that the Seventh Circuit has an opportunity to analyze the grounds for its jurisdiction in this area.
Seventh Circuit Chides Plaintiffs’ Lawyers for Selling Out Class Members, Shedding “Crocodile Tears” in Class Action Settlement
In most settlement negotiations, it is taken for granted that the parties’ self-interest will lead them to advocate aggressively for their positions and against their opponents. After all, every dollar that the plaintiff obtains is one more dollar that the defendant must give up.