Seventh Circuit Roundup

By: Kian Hudson and Mark Crandley
  • Summary

  • The U.S. Court of Appeals for the Seventh Circuit covers three important states – Indiana, Illinois, and Wisconsin – and multiple major metro areas, including Chicago, Indianapolis, and Milwaukee. It handles a wide variety of cases and is home to a prominent and thought-provoking cast of judges, so there’s rarely a dull moment in CA7’s Dirksen Federal Building. Hosts Kian Hudson and Mark Crandley of Barnes & Thornburg track what’s going on in the Seventh Circuit, highlight interesting cases, and read between the lines of notable opinions.

    © 2025 Seventh Circuit Roundup
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Episodes
  • Rapid-Fire Rulings: Seventh Circuit Issues Major Back-to-Back Decisions in March
    Apr 28 2025

    This month’s podcast focuses on a trio of significant cases the Seventh Court handed down in mid-March within days of each other. Each of these cases has major ramifications for those in the Seventh Circuit.

    First, Kian takes on the Court’s en banc opinion in St. Anthony Hospital v. Whitehorn, which addresses when Section 1983 may be used to enforce Medicaid requirements. The opinion reversed a panel opinion discussed on the podcast earlier this year. The case sets out key guideposts for all cases attempting to enforce federal statutes through Section 1983.

    Second, Lara tackles an opinion addressing a fundamental question about the very nature of the U.S. Sentencing Commission. In USA v. Black, the Seventh Circuit determined that it did not need to defer to the Sentencing Commission’s interpretation of a provision in the First Step Act. Given the opinion’s analysis of both the rule set out in Loper Bright regarding deference to agencies and its thorough examination of the Sentencing Commission’s role, the Black case is a notable decision that might attract the Supreme Court’s attention.

    Finally, Mark addresses Kilborn v. Amiridis, a First Amendment case challenging a law school’s decision to discipline a professor for what students found to be racially insensitive speech in an exam and during lectures. In yet another case that might be a candidate for certiorari, the Court set ground rules for when a professor’s free speech intersects with a university’s power to control what happens in the classroom.

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    1 hr and 9 mins
  • New Decisions on Section 1983 and Qualified Immunity (Plus: Who Decides When Litigation Conduct Waives Arbitration?)
    Mar 14 2025

    In this month’s podcast, the trio discusses three new Seventh Circuit decisions. First, Kian takes a deep dive into a fractured en banc decision on an unusual qualified immunity issue. Next, Lara gets philosophical with a case that raises the question of whether an Indian tribe can be a Section 1983 plaintiff — but definitely doesn’t answer it! To round out the program, Mark addresses a decision on who decides when litigation conduct constitutes a waiver of the right to arbitrate. No spoilers, except to say that in Judge Easterbrook’s own words, “it has nothing to do with mootness.”

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    55 mins
  • Seventh Circuit Issues Critical Holdings on Criminal Conspiracy, Punitive Damages, and Jurisdiction
    Feb 13 2025

    Kian, Lara and Mark take on a new batch of key Seventh Circuit cases in this month’s podcast. First, the three discuss the Court’s en banc decision in U.S. v. Page, in which the Court changed the standard for proving conspiracy to distribute in drug cases and limited the availability of plain error review for jury instructions. Second, Lara takes on the constitutional limits on punitive damages in an interesting new trademark case. Finally, Kian (aka “Mr. Jurisdiction”) explains two recent jurisdictional cases, one involving a vacatur of a stay that destroyed appellate jurisdiction and one holding that the lack of Article III standing requires remanding a removed case, not dismissing it.

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    1 hr and 13 mins
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