Seventh Circuit Retains No FDCPA Violation in Markakos v. Medicredit

In this article at CPW, we have lined lots of conclusions addressing the need to have for Report III standing when pleading a declare in federal court docket. A latest selection out of the Seventh Circuit is the hottest to affirm that need, this time under the Truthful Financial debt Assortment Techniques Act (“FDCPA”).

In Markakos v. Medicredit, Inc., No. 20-2351, 2021 U.S. Application. LEXIS 14339 (7th Cir. May possibly 14, 2021), plaintiff alleged that defendant had despatched her letters on behalf of a creditor looking for to obtain a debt for professional medical expert services rendered in 2017.

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Seventh Circuit Situation Addresses Spiritual Institution Work

On July 9, 2021, U.S. Courtroom of Appeals for the Seventh Circuit, sitting down en banc, issued a 7-3 decision in the closely watched case Sandor Demkovich v. St Andrew the Apostle Parish, Calumet Town and the Archdiocese of Chicago. The Seventh Circuit uncovered that the ministerial exception acted as a for every se bar to the plaintiff’s hostile operate setting claims. This decision is the hottest improvement in a promptly establishing location of the regulation that presents a possibly sweeping defense for religious establishments in opposition to employment promises by specified personnel. The Seventh Circuit’s choice deepens a

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Seventh Circuit Guidelines Wisconsin Honest Dealership Legislation Not Applicable

For practically two a long time, Rustic Retreats Log Residences, Inc. was the distinctive builder of Pioneer Log Households in Wisconsin.1 Under the parties’ written distributorship settlement, Pioneer would deliver client leads for Rustic to go after and then would manufacture, at its facility in British Columbia, Canada, the customer’s personalized-designed log residence. In addition to currently being the community face of Pioneer, Rustic would order each log house from Pioneer, prepare for shipping and delivery and other logistics, and then make (reassemble) the log household on the customer’s property. Even though Rustic appreciated exclusivity in excess of a

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Seventh Circuit Sides with Plaintiffs in Parmesan Cheese Claims

The Seventh Circuit recently reversed a district court’s dismissal of a course motion false advertising and marketing criticism, keeping that an ingredient list’s disclosure of factors other than parmesan cheese did not foreclose the probability of reasonable customers being deceived by a “100% Grated Parmesan Cheese” front label claim.  Bell v. Publix Super Marketplaces, Nos. 19-2581 & 19-2741 (7th Cir. Dec 7, 2020).

Defendants, several cheese companies and important foods stores, market “100% Grated Parmesan Cheese” in shaker tubes. Plaintiffs alleged this assert was deceptive mainly because the products also have cellulose and potassium sorbate (to protect against

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7th Circuit States Stores Could Want to Supply USERRA Compensated Depart

In a February 3, 2021 final decision, the US Court docket of Appeals for the Seventh Circuit decided that the Uniformed Products and services Work and Reemployment Rights Act of 1994 (“USERRA”) may well demand employers to present employees with quick-time period paid out armed forces leave. Especially, if an employer gives quick-phrase compensated leave for other comparable needs these kinds of as unwell time, jury obligation, or bereavement, then the employer may have to have to do the exact same for military depart.

The circumstance, White v. United Airways, was introduced as a course

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7th Circuit Course Steps Argue Dairy Products Labels Misleading

Sheehan & Associates, a person of the most active Plaintiff’s firms in the foods litigation area, has continued its sample of submitting intense lawsuits centered on client deception statements that are untethered to any violation of FDA’s foods labeling laws. The company, on behalf of proposed courses of people, alleged in a pair of problems submitted very last thirty day period that consumers would not be expecting a “butter cracker” or a pudding “made with actual milk” to include vegetable oils.

1 of the lawsuits, filed in opposition to Pepperidge Farm, Inc., alleges that “Golden

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Eighth Circuit Class Action: Employment Base Ambient Harassment

This GT Report Summarizes Recent Class-Action
Decisions From Across the United States Highlights from this issue include:

  • Supreme Court holds that serving a product market in the forum state is sufficient for specific personal jurisdiction in product liability lawsuits even when the product was not designed, manufactured or sold in that market.

  • First Circuit looks to recent Massachusetts decision in upholding order compelling individual arbitration and dismissing putative class action based on an online “clickwrap” agreement.

  • Second Circuit holds that a district court can sua sponte decertify a class after class certification, even absent a significant intervening event.

  • Third Circuit

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7th Circuit Taking McDonalds Privateness Scenario

BIPA is a usually litigated info privateness statute, and as readers of CPW know, we have been covering BIPA litigations for some time (for some of our prior protection, look at out here, below and below).  Generally these promises are brought in the context of a preexisting worker-employer romantic relationship, the place staff members allege that their employer improperly gathered their facts in violation of BIPA for timekeeping purposes.  A recent BIPA lawsuit in opposition to McDonalds filed on behalf of shoppers alleging that the quickly food items chain utilized travel-thru voice assistants in Illinois which captured and

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Seventh Circuit Sets Guardrails for Amicus Briefs

Federal Rule of Appellate Course of action 29 governs the filing of briefs amicus curiae. That rule permits the United States, a federal officer or company, or a state to file an amicus quick. Any other social gathering may file an amicus transient only with the consent of all functions to the enchantment, or with depart of court docket. A movement for leave to file will have to establish the curiosity of the movant and condition why the submitting of the amicus brief is desirable. It must also disclose no matter if the party’s counsel authored the transient in full

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Ex-nursing household CEO having fight versus Barnes & Thornburg to 7th Circuit

James Burkhart, the previous CEO of the state’s greatest nursing residence enterprise, is not giving up his assault on Barnes & Thornburg, the Indianapolis law company that represented him towards fraud rates that landed him a approximately 10-yr prison sentence.

Burkhart

Burkhart, who led American Senior Communities, programs to attraction to the 7th Circuit Court of Appeals a May possibly 12 final decision by Indiana Southern District Main Choose Tanya Walton Pratt’s rejecting his ask for to toss out the prices.

Burkhart experienced argued Barnes & Thornburg had failed to disclose a “profound conflict of interest” that compromised its

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In GOP Force on Trump Judges, Senate Confirms Amy Coney Barrett’s Replacement for 7th Circuit

The U.S. Capitol Rotunda in Washington, D.C. Sept. 30, 2020. Photo: Diego M. Radzinschi/ALM.

The Senate on Tuesday confirmed Thomas Kirsch in a 51-44 vote to fill Justice Amy Coney Barrett’s seat on the U.S. Courtroom of Appeals for the Seventh Circuit, a move that assures the bench will proceed to be the only all-white federal appeals courtroom in the state.

Kirsch, the U.S. legal professional for the Northern District of Indiana and a former Winston & Strawn spouse, is the 54th Article III judge appointed to a federal appeals court by President Donald Trump. Trump trails only Jimmy Carter

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