Seventh Circuit — U.S. Court of Appeals

20 opinions this month · page 2
Friday, August 7, 2026 17 opinions
Slip opinion No. 25-1691

USA v Shawn Pena, 25-1691

U.S. Court of Appeals, Seventh Circuit Criminal Federal Sentencing

  • Seventh Circuit affirms 24-month revocation sentence, exceeding joint recommendation, based on permissible deterrence and public safety concerns
  • Standard supervised release condition requiring notification of 'risks' to third parties held unconstitutionally vague and remanded for revision
  • Useful for federal criminal defense and appellate attorneys handling supervised release revocations, plea agreement breach claims, and vagueness challenges to release conditions
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Slip opinion No. 25-1856

Elizabeth Schulte v Kenneth Leners, 25-1856

U.S. Court of Appeals, Seventh Circuit Civil Civil Rights and Section 1983

  • Seventh Circuit denies qualified immunity for official's viewpoint-based deletion of comments from town website
  • Municipalities cannot pursue interlocutory qualified-immunity appeals; that defense protects only individual officials, not entities
  • Useful for §1983 and First Amendment litigators handling government social media, public comment forums, and qualified immunity defenses
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Slip opinion No. 24-1822

USA v Thomas Duncan, 24-1822

U.S. Court of Appeals, Seventh Circuit Criminal General

  • New opinion from U.S. Court of Appeals, Seventh Circuit
  • Case decided on 2026-08-07
  • See full opinion for details
Full summary → PDF ↗
Slip opinion No. 24-2230

USA v Rishi Shah, 24-2230

U.S. Court of Appeals, Seventh Circuit Civil General

  • New opinion from U.S. Court of Appeals, Seventh Circuit
  • Case decided on 2026-08-07
  • See full opinion for details
Full summary → PDF ↗
Slip opinion No. 24-2236

USA v Shradha Agarwal, 24-2236

U.S. Court of Appeals, Seventh Circuit Criminal White Collar Crime

  • Seventh Circuit affirms fraud convictions, holding untimely Sixth Amendment asset-restraint challenges require plain-error review with defendant's burden of proof.
  • Court finds harmless error in admitting witnesses' grand jury testimony under FRE 801(d)(1)(B) despite improper failure to tailor statements predating fabrication motives.
  • Essential reading for white-collar defense counsel on pretrial asset freezes, counsel-of-choice challenges, and preserving evidentiary objections to grand jury testimony.
Full summary → PDF ↗
Slip opinion No. 24-2744

USA v Damond Wiley, Jr., 24-2744

U.S. Court of Appeals, Seventh Circuit Criminal Criminal Procedure

  • Seventh Circuit holds visible tinted windows alone establish reasonable suspicion for a traffic stop, regardless of officers' inconsistent stated reasons
  • Brief warrantless opening of a car door to retrieve a firearm in plain view was a lawful protective search under Terry/Long/Buie given suspect's flight and safety concerns
  • Useful for criminal defense and Fourth Amendment practitioners litigating suppression motions involving traffic stops, protective vehicle searches, or requests for evidentiary hearings
Full summary → PDF ↗
Slip opinion No. 23-3198

USA v Terry Ferguson, 23-3198

U.S. Court of Appeals, Seventh Circuit Criminal Federal Sentencing

  • Seventh Circuit holds no actual attorney conflict existed years after a stale, unconfirmed investigation into defense counsel's conduct
  • Court reaffirms that § 2255 conflict-of-interest claims require proof of adverse effect on performance, not mere speculation about alternative strategies
  • Useful for federal criminal defense attorneys handling § 2255 ineffective assistance claims and appellate waiver enforcement issues
Full summary → PDF ↗
Slip opinion No. 24-3164

Maria DiFranco v City of Chicago, 24-3164

U.S. Court of Appeals, Seventh Circuit Civil Employment Discrimination

  • Seventh Circuit holds informal, undocumented accommodations satisfy the ADA when they achieve the accommodation's practical 'ends,' not just its procedural 'means.'
  • Court affirms summary judgment where plaintiff attacked witness credibility but offered no affirmative evidence contradicting the employer's account of accommodation timing.
  • Useful for employment defense counsel litigating failure-to-accommodate claims and for civil litigators addressing proximate causation and credibility-based opposition to summary judgment.
Full summary → PDF ↗
Slip opinion No. 25-1120

G. T. v Samsung Electronics America, Incorporated, 25-1120

U.S. Court of Appeals, Seventh Circuit Civil Business Law

  • Seventh Circuit holds BIPA §§ 15(a) and (b) both require a defendant to have gained or exerted actual control over biometric data, not merely provided a tool.
  • Manufacturer that supplies device/software generating and storing biometric data locally on a user's own device does not thereby 'possess,' 'collect,' 'capture,' or 'obtain' that data under BIPA.
  • Useful for defense-side privacy litigators and tech companies facing BIPA claims premised on device features that create biometric data stored locally rather than on company servers.
Full summary → PDF ↗
Slip opinion No. 25-1670

CSX Transportation, Inc. v Zayo Group, LLC, 25-1670

U.S. Court of Appeals, Seventh Circuit Civil Property Law

  • Seventh Circuit holds railroad easements under Indiana law don't include right to exclude third parties from air/ground space absent operational disruption.
  • Court rejects continuing-trespass theory, holding limitations periods run from initial cable installation, not from ongoing presence of infrastructure.
  • Essential reading for utility, telecom, and railroad counsel litigating easement scope, licensing rights, and trespass statute-of-limitations disputes under Indiana law.
Full summary → PDF ↗
Slip opinion No. 25-1755

James March v Town of Grand Chute, 25-1755

U.S. Court of Appeals, Seventh Circuit Civil Civil Rights and Section 1983

  • Seventh Circuit grants qualified immunity to officials who fired a 'policymaker' town administrator over politically disloyal speech to investigators.
  • Court identifies three unresolved ambiguities in the Elrod-Branti 'policymaker corollary' doctrine, precluding a finding of clearly established law.
  • Essential reading for civil rights attorneys litigating First Amendment retaliation claims by public employees deemed policymakers, and for municipal defense counsel raising qualified immunity.
Full summary → PDF ↗
Slip opinion No. 25-1808

James March v Ronald Wolff, Jr., 25-1808

U.S. Court of Appeals, Seventh Circuit Civil Civil Rights and Section 1983

  • Seventh Circuit grants qualified immunity because the 'policymaker corollary' to Elrod-Branti remains unsettled on speech-based retaliation claims.
  • Court affirms rejection of cross-claims: retaliatory prosecution requires state action/no probable cause; class-of-one requires an identified comparator.
  • Useful for public-sector employment attorneys litigating First Amendment retaliation claims by policymaker-level employees and asserting/defending qualified immunity.
Full summary → PDF ↗
Slip opinion No. 25-2081

Terry Ferguson v USA, 25-2081

U.S. Court of Appeals, Seventh Circuit Criminal Criminal Procedure

  • Seventh Circuit affirms denial of § 2255 relief: no actual conflict of interest existed, and even assuming one, it caused no adverse effect on counsel's performance.
  • Appellate waiver in plea agreement barred challenge to denial of motions to dismiss for selective/vindictive prosecution, since those claims fell outside the narrow carve-out for plea validity and sentencing.
  • Useful for criminal defense and habeas practitioners litigating attorney conflict-of-interest claims under § 2255 and for drafting/enforcing appellate waivers in plea agreements.
Full summary → PDF ↗
Slip opinion No. 25-2604

Paul Johnson v Ridge Tool Manufacturing Company, Inc., 25-2604

U.S. Court of Appeals, Seventh Circuit Civil Tort Law

  • Seventh Circuit affirms exclusion of design-defect expert who never tested his alternative design or addressed cost, compatibility, or safety tradeoffs.
  • Failure-to-warn claim fails without evidence of an alternative warning that would have prevented injury, even absent expert testimony.
  • Useful for product liability defense counsel challenging Rule 702 expert testimony and causation gaps in Illinois failure-to-warn claims.
Full summary → PDF ↗
Tuesday, August 4, 2026 3 opinions
Slip opinion No. 25-3164

Shannon Golat v Audrey K. Swierawski, 25-3164

U.S. Court of Appeals, Seventh Circuit Civil Employment Discrimination

  • Seventh Circuit holds a sworn EEOC charge may be treated as affidavit evidence at summary judgment, like a verified complaint.
  • Sporadic sex-based comments over five years were not severe or pervasive enough to sustain a hostile work environment claim.
  • Useful for employment litigators handling Title VII hostile work environment, retaliation, Rehabilitation Act accommodation, and summary judgment evidentiary issues.
Full summary → PDF ↗
Slip opinion No. 25-3179

Halil Demir v Markwayne Mullin, 25-3179

U.S. Court of Appeals, Seventh Circuit Civil Administrative Law

  • Seventh Circuit holds § 46110 doesn't cover watchlist inclusion claims because TSA lacks control over the Terrorist Watchlist and Selectee List
  • Court reaffirms that DHS TRIP redress program qualifies as a reviewable 'order' under § 46110, requiring direct court of appeals review
  • Useful for administrative and national security litigators handling watchlist challenges, jurisdictional channeling statutes, and bifurcated review strategies
Full summary → PDF ↗
Slip opinion No. 26-1114

Sidney Upchurch v USA, 26-1114

U.S. Court of Appeals, Seventh Circuit Criminal Habeas Corpus

  • Seventh Circuit reaffirms that § 2244(b)(3)(E)'s rehearing bar applies to federal prisoners via § 2255(h), barring rehearing petitions on successive motion denials.
  • Bowe v. United States' holding on the certiorari bar does not extend to the rehearing bar, which remains non-jurisdictional but still enforceable under existing precedent.
  • Essential for federal habeas/§ 2255 practitioners advising prisoners on successive petition strategy and the finality of gatekeeping decisions on second or successive motions.
Full summary → PDF ↗