News & Analysis as of

Richard Posner

Antitrust Challenge to Narrow Network Products – 7th Circuit Rules in Favor of Exclusive Agreement

by Ruder Ware on

The health care market has recently seen a resurgence in narrow network products. To a significant degree, the resurgence of these products has been driven by the need for managed care plans looking for new avenues to help...more

Seventh Circuit OKs Exclusive Network Agreements Between “Must-Have” Hospital and Health Insurers

by Mintz Levin on

In an opinion written by Judge Posner, the Seventh Circuit on Friday gave its stamp of approval to a “must-have” hospital’s bargaining to exclude competitors from certain narrow-network payor contracts in and around Peoria,...more

Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination, Creating Circuit Split and Setting Stage for Likely...

In a landmark en banc decision rejecting its earlier panel ruling, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that Title VII of the 1964 Civil Rights Act prohibits...more

The 7th Circuit's Landmark Anti-Gay Discrimination Ruling

by Payne & Fears on

On April 4, 2017, an en banc decision in Hively v. Ivy Tech Community College, the Seventh Circuit became the first federal Court of Appeals to hold that Title VII of the Civil Rights Act of 1964 prohibits discrimination on...more

Circuit Split on Sexual Orientation Discrimination

Earlier this week, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that workplace discrimination on the basis of sexual orientation is unlawful under Title VII of the Civil...more

Can Employers Discriminate Against Employees Based on Sexual Orientation? No, According to this Key Court

by Zuckerman Spaeder LLP on

Federal law—specifically, Title VII of the Civil Rights Act of 1964—prohibits employers from discriminating against employees based on a number of protected characteristics, including sex, race, national origin, and...more

A Softer, Gentler Seventh Circuit Reconsiders “Substantial Compliance” under Rule 11

by Foley & Lardner LLP on

Those who practice regularly before the U.S. Court of Appeals for the Seventh Circuit know that the court has not been reluctant to punish a misbehaving lawyer....more

There’ll Always Be Posner: Reversal of Class Certification in the Blink of an Eye

by Reed Smith on

We’ve seen it before. The Southern District of Illinois will certify class actions with no real cause of action and no real damages. While not as bad as the drive-through-class-certification state courts in southern...more

Seventh Circuit Says No Asylum for Bisexual Man; Posner Dissents

by Cozen O'Connor on

Last week, the Seventh Circuit declined to review the asylum application of a bisexual individual who applied for fear of persecution. Ray Fuller, 51, told an immigration judge and the Board of Immigration Appeals that he...more

Limiting Plaintiff’s Discovery on Similarly Situated Employees Reasonable, Federal Court Finds

by Jackson Lewis P.C. on

Limiting a plaintiff’s pretrial discovery can be the key to defending an employment discrimination lawsuit. This point was aptly demonstrated in a federal appellate court ruling approving a district court’s denial of...more

Public disclosure bar prohibits "bounty-hunting" relators from filing duplicative FCA claims

by DLA Piper on

The United States Court of Appeals for the Seventh Circuit has issued an opinion that underscores the importance of the "public disclosure bar" in False Claims Act (FCA) litigation. The court affirmed a lower court’s...more

7th Circuit Latest Court to Weigh in on Rule 68 Offers of Judgment; Holds That They Don’t Moot a Case; But With Supreme Court...

A Seventh Circuit panel recently overruled its own precedent to hold that a defendant’s offer of full compensation in an offer of judgment under Federal Rule of Civil Procedure 68 does not moot the litigation. While the...more

Seventh Circuit Remands (Again) World Outreach Conference Center v. City of Chicago

by Robinson & Cole LLP on

We’ve said it before and we’ll say it again, religious land use disputes often take a long time to resolve. World Outreach Conference Center v. City of Chicago, Nos. 13-3669, 13-3728 (7th Cir. 2015) is no exception to the...more

Seventh Circuit Rejects Another Settlement With Disproportionate Attorney Fees Compared to Class Member Benefits

by Carlton Fields on

The Seventh Circuit Court of Appeals rejected a class action settlement because class counsel would have received generous attorney fees for conferring only meager benefits to the class. Writing for the Court, just as he did...more

Now That That’s Settled: The Status of Class Action Settlements in the Seventh Circuit after Pella, Radioshack and NBTY

Over the last several months, Judge Richard Posner has authored a triumvirate of opinions reversing the district courts’ approval, over objections, of consumer class action settlements—Eubank v. Pella Corp., 753 F.3d 718 (7th...more

Class Action Settlement: Judge Posner Strikes Again At Excessive Plaintiffs’ Attorneys’ Fees

by Robinson & Cole LLP on

Judge Posner of the Seventh Circuit continues to be prolific in authoring class action-related opinions. I enjoy blogging about these decisions because they are entertaining to read and usually relatively short and to the...more

Judge Posner’s Scathing Critique of a Proposed Coupon Settlement

by Cozen O'Connor on

The topic of potential self-dealing in class action settlements has been written about extensively. While class counsel may be fully aligned with the class in seeking to maximize the settlement, their interests diverge...more

Judge Posner Orders Sherlock Holmes Estate to Pay Attorneys’ Fees for “Form of Extortion”

by McDermott Will & Emery on

Klinger v. Conan Doyle Estate, Ltd. - In another scathing opinion against the Sherlock Holmes estate, Judge Richard A. Posner ordered the estate to pay attorneys’ fees for bringing “nonexistent copyright claims” as a...more

Attorneys’ Fees In Class Action Settlements Addressed By Judge Posner

by Robinson & Cole LLP on

Judge Posner of the Seventh Circuit is a frequent author of class action-related opinions. His most recent one reversed an order approving a class action settlement because the attorneys’ fee award was too high. The case...more

Judge Posner Solves Sherlock Holmes Copyright Case

by McDermott Will & Emery on

Klinger v. Conan Doyle Estate, Ltd. - The original character of the famous detective Sherlock Holmes, along with his sidekick, Dr. John H. Watson, are no longer subject to copyright protection. In an opinion by Judge...more

Judge Posner, I Presume

Over the past several months, Judge Posner and the Seventh Circuit has handed a couple of rare, but well-deserved wins to the public domain. On June 16, 2014, the Court issued an opinion holding that the primary characters...more

Judge Posner Identifies Some Warning Signs Of An Unfair Class Settlement

by BakerHostetler on

On June 2, 2014, the United States Court of Appeals for the Seventh Circuit rejected a class action settlement in Eubank v. Pella Corp., Nos. 13-2091, -2133, 2136, -2162, 2202 (7th Cir., June 2, 2014) that the Court labeled...more

Donning and Doffing More Than His Robe, Judge Posner Tries an Experiment in Chambers

by Foley & Lardner LLP on

At the end of every episode of the People’s Court, viewers were admonished: “Don’t take the law into your own hands. You take them to court.” But what happens when you do take them to court, and the judge takes the facts into...more

Instapundit: America's IP Laws Need to be "Pruned Back"

by Bloomberg Law on

May 24 (Bloomberg Law) -- Under current intellectual property law, a consumer who unlocks his or her own cellphone can be convicted as a felon. Law professor and Instapundit founder Glenn Reynolds says such a scenario is...more

Seventh Circuit Restricts FLSA Collective Actions That Require Individual Calculation Of Damages

by Benesch on

On February 4, 2013, the Seventh Circuit Court of Appeals (includes Indiana, Illinois and Wisconsin) issued an Opinion authored by Judge Richard Posner that is very favorable to employers. The Court ruled that employees...more

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