[1] Flaum was then nominated by President Ronald Reagan on April 14, 1983, to a seat on the United States Court of Appeals for the Seventh Circuit vacated by Judge Robert Arthur Sprecher.

[2] Judge David Hamilton partially dissented, arguing that the owner should not have been required to instead plead a novel "conspiracy of silence" claim.

[3] On April 4, 2017, Flaum wrote a concurrence when the 7th Circuit upheld (in an 8–3 vote) that employment discrimination based on sexual orientation violates Title VII of the Civil Rights Act.

Ivy Tech allegedly refused to promote Professor Hively because she was homosexual—or (A) a woman who is (B) sexually attracted to women.

The majority opinion was written by William J. Bauer, and the 2–1 and 3–0 discrepancy comes from the partial dissent of Daniel Anthony Manion.

[5] On June 25, 2018, Flaum again cast the decisive vote in favor of abortion rights, to deny rehearing of the April 2018 cases.

[8] In June 2020, Flaum, joined by Judge Amy St. Eve and then-Judge Amy Coney Barrett, held that during resentencing under the First Step Act, a previous sentence over double the United States Federal Sentencing Guidelines range could not simply be reimposed without explanation.