The Library Staff has selected Oral Arugments from notable cases heard before the U.S. Court of Appeals for the Seventh Circuit from 2000 to present. Cases have been selected based on a variety of factors, including the legal issue(s) involved, the parties, and public interest in the case.. A complete listing of all available audio Oral Arguments can accessed at the Court of Appeals web site, www.ca7.uscourts.gov.
• United States v. Vrdolyak 09-1891 (2009)
Ald. Vrdolyak pleaded guilty to fraud involving the sale of a Gold Coast medical school building where he was to split a $1.5 million bribe. The judge imposed a sentence of probation with no jail time. Issue was whether the court understood the nature and amount of the loss and whether the sentence was unreasonable in light of the loss.
Date of oral argument: 12/102009
Length of oral argument: 33 minutes
Panel: Posner, Hamilton, Manion
• NRA v. Chicago 08-4241 567 F.3d 856 (2009)
Challenge by the NRA to Chicago's handgun restrictions on the basis that the Second Amendment applies to the states. Court refused to make such a holding, noting that it is up to the Supreme Court to overrule contrary precedent.
Date of oral argument: 5/26/2009
Length of oral argument: 34 minutes
Panel: Easterbrook, Posner, Bauer
• Wiesmueller v. Kosobucki 08-2527 571 F.3d 699 (2009)
Wisconsin allows graduates of the two Wisconsin law schools to be admitted to the bar without having to take an bar exam, that is, on a "diploma privilege". This practice is being challenged on equal protection and commerce clause grounds. This appeal is from Rule 12 dismissal. Judges Posner and Woods question whether Wisconsin law school teach Wisconsin law or use national casebooks.
Date of oral argument: 4/07/2009
Length of oral argument: 26 minutes
Panel: Posner, Ripple, Wood
• UAL v. Air Line Pilots Ass'n 08-4157 not yet published (2009)
United Air Lines sought a preliminary injunction against the defendants to prevent them from interfering with United's operations. Defendants allegedly engaged in a variety of unlawful practices to try to force United to renegotiate the collective bargaining agreement before the time for renegotiation. Held the injuction was proper.
• Andrews v. Chevy Chase Bank 07-1326 545 F.3d 570 (2008)
Attempt to certify a class action lawsuit against a bank for violations of the Truth in Lending Act regarding several nonstandard mortgage instruments. Plaintiffs were seeking recission. Held as a matter of law class actions lawsuits cannot be used when seeking the recission remedy.
Date of oral argument: 9/26/2007
Length of oral argument: 33 minutes
Panel: Sykes, Manion, Evans
• United States v. Chube, 06-3674 & 06-3675 538 F.3d 693 (2008)
Two brothers, Charles and David Chube, both medical doctors, were convicted of unlawful distribution of OxyCotin. They were sentenced to five and fifteen years. Part of the relevant conduct included in sentencing was any prescription of a controlled substance, not just OxyCotin, which significantly increased their sentences. Sentence was vacated and remanded for resentencing.
Date of oral argument: 9/28/2007
Length of oral argument: 33 minutes
Panel: Rovner, Wood, Evans
• United States v. Black, 07-4080, 530 F.3d 596 (2008)
After a four month trial, Mr. Black, a former press mogul, was sentenced to six and one half years for three counts of fraud and one count of obstruction of justice. The fraud counts related to improperly taking payments from noncompete clauses.
Date of oral argument: 6/5/2008
Length of oral argument: 1 hr. 20 min.
Panel: Posner, Kanne, Sykes
• Chicago Lawyers’ Committee for Civil Rights Under the Law Inc. v. Craigslist, 07-1101,
519 F.3d 666 (2008)
Craigslist is an electronic meeting place that allows people to post notices for a variety of services including houses for sale and apartments for rent. The Chicago Lawyer’s Committee brought suit alleging Craigslist violated federal housing law by allowing the posting of ads that stated no minorities or children were allowed. Held that Craigslist was not liable for the postings on its service.
Date of oral argument: 2/15/2008
Length of oral argument: 40 minutes
Panel: Easterbrook, Wood, Evans
• Smith v. City of Chicago, 07-1599,
524 F.3d 834 (2008)
Court held that property seized under Illinois’ Drug Asset Forfeiture Procedure must have a preforfeiture due process hearing. This represents a major change in circuit law.
Date of oral argument: 1/11/2008
Length of oral argument: 23 minutes
Panel: Bauer, Posner, Evans
• United States v. Calabrese, 07-1962,
490 F.3d 575 (2007)
Calabrese pleaded guilty in 1997 to RICO activities from 1972-1992 with the Calabrese Street Crew. He was later indicted for RICO conspiracy with the Chicago Outfit, a different but related, group. Claimed the second indictment violated double jeopardy because there was an overlap in the years and some of the activities with the first indictment. The court stated that double jeopardy did not apply.
Date of oral argument: 5/29/2007
Length of oral argument: 28 minutes
Panel: Posner, Wood, Sykes
• Bennett v. Southwest Airlines, 06-3486,
493 F.3d 762 (2007)
Lawsuit related to the December 8, 2005 incident with Southwest Airlines flight 1248 which ran off the runway at Midway airport, killing one and injuring twelve on the ground. Question was whether the case had been properly removed to federal court. Seventh Circuit held it was not and remanded back to state court.
Date of oral argument: 4/5/2007
Length of oral argument: 30 minutes
Panel: Easterbrook, Bauer, Wood
• United States v. Thompson, 06-3676,
484 F.3d 877 (2007)
Wisconsin procurement officer was tried and convicted of being politically motivated in the awarding of a travel contract, even though there was no evidence of kickbacks or other improprieties. The conviction was reversed and Ms. Thompson’s immediate release was ordered on the same day as the oral argument.
Date of oral argument: 4/5/2007
Length of oral argument: 26 minutes
Panel: Easterbrook, Bauer, Wood
• United States v. Warner, 06-3517, 498 F.3d 666 (2007)
United States v. Ryan 06-3528 (companion case)
Former Governor Ryan and his friend Warner were convicted of a variety of RICO and mail fraud charges. They alleged several errors with the trial which had garnered a great deal of publicity. Convictions for both were affirmed.
Date of oral argument: 2/20/2007
Length of oral argument: 64 minutes
Panel: Manion, Kanne, Wood
• In re African American Slave Descendants Litigation, 05-3265, 471 F.3d 754 (2006)
Multi-district litigation involving descendants of slaves suing several companies claiming that they unlawfully supported slavery before the passage of the 13th amendment by insuring slave or providing loans to purchase slaves. A few sued as personal representatives of their ancestors estates, some sued on their own behalf and others included consumer fraud allegations. Except for consumer fraud allegations, cases were dismissed either for lack of standing or expiration of statute of limitations.
Date of oral argument: 9/27/2006
Length of oral argument: 56 minutes
Panel: Easterbrook, Posner, Manion
• Crawford v. Marion County Election Board, 06-2218, 472 F.3d 949 (2006)
Indiana Democrats tried to overturn law that required persons who wish to vote to present a government issued photo ID card. Case was ultimately decided by the U.S. Supreme Court which affirmed the Seventh Circuit in upholding the validity of the statute.
Date of oral argument: 10/18/2006
Length of oral argument: 28 minutes
Panel: Posner, Evans, Sykes
• United States v. Booker, 03-4225,
375 F.3d 508 (2004)
Following the U.S. Supreme Court’s guidance in Blakely v. Washington, held that those parts of the federal sentencing guidelines that allow judges to determine facts that increase a sentence beyond the facts found by a jury are unconstitutional as violating the Sixth Amendment.
Date of oral argument: 7/6/2004
Length of oral argument: 27 minutes
Panel: Easterbrook, Kanne, Posner
• Woman’s Choice–East Side Women’s Clinic v. Newman, 01-2107, 305 F.3d 684 (2002)
District court entered a permanent injunction against the enforcement of Indiana’s abortion law that required a women seeking an abortion to get in person counseling at least 18 hours before the abortion, requiring two visits to a hospital or clinic in order to get the abortion. Seventh Circuit reversed the injunction.
Date of oral argument: 2/20/2002
Length of oral argument: 32 minutes
Panel: Coffey, Easterbrook, Wood
