2013 Seventh Circuit US Court of Appeals Case Law
Opinions 1001 - 1255 of 1255
Date: March 25, 2013
Docket Number: 12-2982
Justia Opinion Summary: The Illinois Department of Children and Family Services removed Woods, then seven years old from his parents’ home in 1991 and placed him in a residential treatment facility. There had been many reports of sexual abuse…
Date: March 25, 2013
Docket Number: 12-3345
Justia Opinion Summary: In 2006 a teenager accused Gakuba of kidnapping and raping him. State charges are pending Gakuba sued under 42 U.S.C. 1983, claiming that investigating police barged into his Rockford hotel room without a warrant and…
Date: March 21, 2013
Docket Number: 10-3342
Justia Opinion Summary: Anchor Mortgage Corporation and its CEO, Munson, were convicted under the False Claims Act, 31 U.S.C. 3729(a)(1), of making false statements when applying for federal guarantees of 11 loans. The district court imposed a…
Date: March 21, 2013
Docket Number: 11-3176
Justia Opinion Summary: In 2004, Harmon contracted to provide Chicago Bulls rookie Gordon with financial and consulting services for the “duration of [his] playing career,” but outlining a compensation arrangement only for the length of…
Date: March 21, 2013
Docket Number: 11-3296
Justia Opinion Summary: Pietkiewicz worked in auto-body repair until he engaged in securing financing with six false identities to buy at least 12 cars. He would make small down payments, then abscond with the vehicles. Although these cars were…
Date: March 21, 2013
Docket Number: 12-1233
Justia Opinion Summary: Northington worked for H & M. She dated a fellow employee who was also involved with employee Sims. Sims made threats. Northington reported Sims’ behavior to manager Collins, who was then dating (subsequently married)…
Date: March 20, 2013
Docket Number: 12-3310
Justia Opinion Summary: Plaintiff bought a used pickup truck in 2011 for $28,000 and financed the purchase with a six-year installment contract at an interest rate of 23.9 percent. The dealer assigned the contract to AmeriCredit. After making…
Date: March 19, 2013
Docket Number: 11-1811
Justia Opinion Summary: Belmont did not pay subcontractors and suppliers on some projects. Gad, its CEO, disappeared. West Bend Mutual paid more than $2 million to satisfy Belmont’s obligations and has a judgment against Belmont, Gad, and…
Date: March 19, 2013
Docket Number: 11-1959
Date: March 19, 2013
Docket Number: 11-3510
Justia Opinion Summary: In 1999 the Sellers conveyed businesses to CT Acquisition Corp. The price was to be paid over time. The Sellers insisted on a surety bond (put up by Frontier Insurance) and personal guarantees by the principals of CT…
Date: March 19, 2013
Docket Number: 12-2182
Justia Opinion Summary: In 2008 Stein pleaded guilty to misdemeanor battery in Wisconsin, after he struck his live-in girlfriend, breaking two of her teeth and bruising her face. As part of Stein’s plea bargain, the state prosecutor dismissed a…
Date: March 19, 2013
Docket Number: 12-3381
Justia Opinion Summary: The Pekin Board of Fire and Police Commissioners determined that Simmons, an officer of the city’s police department, had disobeyed an order. It suspended him without pay for 20 days. A state court of appeals reversed,…
Date: March 18, 2013
Docket Number: 12-2308
Justia Opinion Summary: Johnson Controls, a Wisconsin manufacturer of building management systems and HVAC equipment, and Edman Controls entered into an agreement giving Edman exclusive rights to distribute Johnson’s products in Panama. In…
Date: March 18, 2013
Docket Number: 12-2623
Date: March 15, 2013
Docket Number: 12-1644
Justia Opinion Summary: Bracey, an inmate at the Wisconsin Secure Program Facility, was injured in a 2005 altercation with officers after refusing to exit his cell as requested by officers executing a random search. Two days later, Bracey filed…
Date: March 14, 2013
Docket Number: 12-1499
Justia Opinion Summary: In 2003, Congress created Health Savings Accounts to help people with high-deductible health plans save for health care costs by providing tax-preferred treatment for money saved for future medical expenses, 26 U.S.C.…
Date: March 13, 2013
Docket Number: 12-1888
Justia Opinion Summary: Plaintiffs were riding in the family’s 1978 station wagon in 2007, in heavy rain with limited visibility. Williams, a recently hired substitute letter carrier for the Postal Service, was in a postal truck, parallel…
Date: March 13, 2013
Docket Number: 12-1995
Justia Opinion Summary: Tompkins began working in 1978 and was a participant in the Fund, a multi-employer pension fund established and administered under the Employee Retirement Income Security Act, 29 U.S.C. 1001. In 1999, Tompkins was…
Date: March 13, 2013
Docket Number: 13-1136
Justia Opinion Summary: Thomas was sentenced to 65 years’ imprisonment for murder. Indiana courts affirmed the conviction and rejected collateral attack. A federal district judge denied Thomas’s petition for habeas corpus, declined to issue a…
Date: March 11, 2013
Docket Number: 12-1084
Justia Opinion Summary: Alexander boarded a train in Chicago carrying a large amount of cocaine. When he disembarked in Springfield, police officers were waiting, ordered Alexander to place his hands on a brick wall and proceeded to search him.…
Date: March 11, 2013
Docket Number: 12-2345
Justia Opinion Summary: Kristofek, a part-time police officer in Orland Hills, arrested a driver for traffic violations, but the driver turned out to be the son of a former mayor of a nearby town. Kristofek was ordered to let him go. Kristofek…
Date: March 8, 2013
Docket Number: 11-3345
Justia Opinion Summary: Collins, an African-American woman, worked for Red Cross. In 2006, Collins called the Red Cross’s 24-hour confidential hotline to complain that her co-workers put tacks on her chair, damaged her property, demanded…
Date: March 8, 2013
Docket Number: 11-3673
Justia Opinion Summary: Vaughn started working for the U.S. Forest Service in 1974. Vaughn filed internal complaints in 1997, 2004, 2005 and 2006, asserting discrimination based on race and age, and retaliation for exercising his right to…
Date: March 6, 2013
Docket Number: 11-3012
Justia Opinion Summary: Plaintiff, an active genealogist and animal rights activist, claimed that her name had commercial value and that search engines generated revenue as a result of internet searches of her name. She specifically alleges…
Date: March 6, 2013
Docket Number: 11-3529
Justia Opinion Summary: Sanchez pleaded guilty to conspiracy to distribute more than five grams of cocaine, 21 U.S.C. 841, 846, and was sentenced to 262 months in prison, based on an enhancement for having “maintained a premises for the purpose…
Date: March 6, 2013
Docket Number: 12-2253
Justia Opinion Summary: Rodriquez entered the U.S. illegally in 1988 and came to the attention of the Department of Homeland Security in 2005, following a misdemeanor DUI conviction. He subsequently pleaded guilty to using a fraudulent social…
Date: March 6, 2013
Docket Number: 12-2407
Justia Opinion Summary: Plaintiff left his senior position in 1996, having participated in the Retirement Income Security Plan for Employees (RISPE), a tax-qualified defined benefits plan that guarantees specified retirement benefits, and in…
Date: March 5, 2013
Docket Number: 11-1734
Justia Opinion Summary: Engel was convicted in 1991in Missouri state court for a drug-related kidnapping and was sentenced to 90 years in prison. In 2010 the state’s highest court vacated the conviction, based on the state’s failure to disclose…
Date: March 5, 2013
Docket Number: 11-3868
Justia Opinion Summary: Hale, former head of a racist church, was convicted of putting a contract on the life of a federal judge who ruled against the church in a trademark case. The Seventh Circuit affirmed. The district court then rejected…
Date: March 5, 2013
Docket Number: 13-1114
Justia Opinion Summary: Hudson filed suit in an Illinois district court under the Federal Tort Claims Act, charging that medical personnel at a federal prison in Kansas, where he had been incarcerated, had negligently failed to diagnose a blood…
Date: March 4, 2013
Docket Number: 08-3109
Justia Opinion Summary: Turner was charged with distributing cocaine base premised on sales of crack cocaine to an undercover police officer, 21 U.S.C. 841(a)(1). Hanson, the crime laboratory chemist who analyzed the substances obtained by the…
Date: March 4, 2013
Docket Number: 12-2208
Justia Opinion Summary: Sanchez sued her employer for sex discrimination, sexual harassment, and retaliation under Title VII of the Civil Rights Act. Before trial, Sanchez accepted an offer of judgment under Federal Rule of Civil Procedure 68,…
Date: March 4, 2013
Docket Number: 12-2854
Justia Opinion Summary: In 2006 a coal-mining company borrowed $7 million from Caterpillar secured by mining equipment. The company was also indebted to Peabody, for an earlier loan, and at Peabody’s request, transferred title to the same…
Date: March 1, 2013
Docket Number: 12-1954
Justia Opinion Summary: The owner (an Asian Indian) of 60-room hotel in a manufacturing district near a major highway in Oak Forest, a Chicago suburb, sued the city, charging racial discrimination in zoning (42 U.S.C. 1981, 1982) and that the…
Date: March 1, 2013
Docket Number: 12-3308
Justia Opinion Summary: In 2000 the SEC charged violation of securities law. The court appointed a receiver to distribute assets among victims of the $31 million fraud. The receiver found that assets had been used to acquire oil and gas leases.…
Date: February 28, 2013
Docket Number: 11-3298
Justia Opinion Summary: Sanders and an accomplice pushed into Nobles’s apartment and abducted Nobles’s 10-year-old daughter, R.E. in order to induce Nobles to rob her own mother. Nobles attempted to comply and left bag of cash for Sanders’s…
Date: February 28, 2013
Docket Number: 12-1353
Justia Opinion Summary: Moral, a citizen of Ecuador, was admitted to the U.S. in 1988 as an immigrant. The U.S. Department of Homeland Security began removal proceedings in 2011 because of his multiple criminal convictions, including unlawful…
Date: February 28, 2013
Docket Number: 12-1751
Justia Opinion Summary: Officers stopped a truck after they witnessed occupants apparently engaging in a drug deal. Hunter fled from the passenger seat with something resembling a gun in his hand. Officers ordered Hunter to stop, but Hunter…
Date: February 28, 2013
Docket Number: 12-2313
Justia Opinion Summary: Yassan sued his former employer, Chase, approximately nineteen months after the termination of his employment, claiming that Chase had terminated him in violation of the Age Discrimination in Employment Act, 29 U.S.C.…
Date: February 28, 2013
Docket Number: 12-3239
Justia Opinion Summary: Canopy Financial developed and marketed software for banks and health-care payers to handle health-related savings accounts and administered the health-care funds of almost 2,000 entities. When Canopy entered bankruptcy…
Date: February 27, 2013
Docket Number: 10-3012
Justia Opinion Summary: An inmate of the Illinois Danville Correctional Center sued under 42 U.S.C. 1983, claiming deliberate indifference to his medical needs. The inmate suffers from scoliosis and the prison rejected his “incessant” requests…
Date: February 27, 2013
Docket Number: 11-2456
Justia Opinion Summary: Alam filed an employment discrimination lawsuit against Miller Brewing, his former employer. The case settled in 2006. Subsequently, Alam, whose company provides software and consulting services to the brewing industry,…
Date: February 27, 2013
Docket Number: 11-2839
Justia Opinion Summary: Administrators of city agencies were convicted of mail fraud for their roles in a scheme to award Chicago jobs and promotions to favored applicants. They had conducted sham interviews and falsified interview forms.…
Date: February 26, 2013
Docket Number: 11-2314
Justia Opinion Summary: Wisconsin police recruits must complete probation. Statewide requirements are set by the Law Enforcement Standards Board (LESB), Wis. Stat. 165.85. Milwaukee has interpreted Wis. Stat. 62.50(3)(b) as authority to adopt…
Date: February 26, 2013
Docket Number: 11-2759
Justia Opinion Summary: After drinking very heavily and accelerating to 80-90 miles per hour on a road with a posted limit of 35 mph, to escape alleged pursuers, McNary woke up in a hospital and learned that he had killed a pedestrian and then…
Date: February 25, 2013
Docket Number: 11-3189
Justia Opinion Summary: Vahora is a Muslim citizen of India. In 2002, a train caught fire in Gujarat, India. Many Hindu pilgrims and activists were killed, and violence between Hindus and Muslims followed. Vahora testified that he and several…
Date: February 25, 2013
Docket Number: 11-3363
Justia Opinion Summary: Wang was involved in a high-volume conspiracy that produced an estimated 7,000 phony identification documents by altering valid passports to match customers’ identification information, creating fake documents to prove…
Date: February 22, 2013
Docket Number: 11-1971
Justia Opinion Summary: Mann operated a home day care center. While she was gone, her husband, a licensed day care provider, and Thompson, a newly-hired assistant, remained at the center. The children were left alone in the basement for about…
Date: February 22, 2013
Docket Number: 12-1254
Justia Opinion Summary: More than 10 years ago, Obeid and his twin Esawi were indicted for conspiracy to smuggle pseudoephedrine from Canada into the U.S., to be used in Mexico for methamphetamine production. They smuggled at least 215 million…
Date: February 22, 2013
Docket Number: 12-2037
Justia Opinion Summary: Wabash is a power generation cooperative. Northeastern purchases electricity from Wabash and resells it. In 1977, they entered into a contract: Northeastern agreed to purchase electricity from Wabash for 40 years at…
Date: February 21, 2013
Docket Number: 10-3413
Justia Opinion Summary: In 1996 Beloit agreed to build high-speed paper-making machines for Indonesian paper companies. Two of the companies executed promissory notes in favor of Beloit reflecting a principal indebtedness of $43.8 million. The…
Date: February 21, 2013
Docket Number: 12-2314
Justia Opinion Summary: Teruggi worked for CIT from 1997 until his 2009 discharge, as vice president. In 2002, Teruggi suffered a workplace injury to his right hand. In 2006, doctors amputated the little finger on his right hand and removed the…
Date: February 21, 2013
Docket Number: 12-2928
Justia Opinion Summary: Eastland is the proprietor of the rap duo Phifty-50, which, according to its web site, has to its credit one album (2003) and a T-shirt. Eastland has registered “PHIFTY-50” as a trademark. It also claims a trademark in…
Date: February 20, 2013
Docket Number: 12-1720
Justia Opinion Summary: In 2010 the U.S. and Wisconsin sued, alleging that defendants polluted the Lower Fox River and Green Bay with PCBs, and had liability under the Comprehensive Environmental Response, Compensation, and Liability Act, 42…
Date: February 20, 2013
Docket Number: 12-2007
Justia Opinion Summary: After a 2008 Indiana flood, the President authorized the Federal Emergency Management Agency to provide disaster relief under the Stafford Act, 42 U.S.C. 5121–5207. Columbus Regional Hospital was awarded approximately…
Date: February 19, 2013
Docket Number: 10-2361
Justia Opinion Summary: A new owner informed paper mill employees that it was closing the mill with a likely shut-down date in late April. In March, plaintiffs received letters stating that their employment was being terminated effective May 2…
Date: February 15, 2013
Docket Number: 12-1017
Justia Opinion Summary: The Equal Employment Opportunity Commission filed this employment discrimination case on behalf of Shepherd, a former sales clerk at AutoZone, alleging that AutoZone had violated the Americans with Disabilities Act.…
Date: February 14, 2013
Docket Number: 11-1405
Justia Opinion Summary: Smith was arrested with narcotics on his person. Smith alleges and the officers deny that the officers stomped on his hand and beat him. When Smith arrived at the police station around he had an obvious finger injury.…
Date: February 14, 2013
Docket Number: 11-3245
Justia Opinion Summary: In 2006, the DEA interviewed Bennett concerning transactions involving marijuana, ecstasy, and crack cocaine. Before the interview, the government agreed not to use Bennett’s statements against him, provided that Bennett…
Date: February 14, 2013
Docket Number: 12-1789
Justia Opinion Summary: Patrick made his living as a pimp, trafficking minors and adult women. In 2010 he was arrested in connection with the shooting death of another Milwaukee pimp and was charged with sex trafficking under 18 U.S.C. 371 and…
Date: February 14, 2013
Docket Number: 12-2639
Justia Opinion Summary: The debtor owns a shopping center. Broadbent owns 98 percent of equity directly and two percent indirectly. EL-SNPR is its only secured lender; its note (interest at 8.37%) matured in 2010. The debtor did not pay, but…
Date: February 13, 2013
Docket Number: 10-3314
Justia Opinion Summary: The railroad fired a locomotive engineer, Narron. The union filed a grievance, which eventually came before the National Railroad Adjustment Board, which ordered the railroad to reinstate Narron with back pay but…
Date: February 13, 2013
Docket Number: 11-2500
Justia Opinion Summary: The Hancock Center in Chicago is managed by Shorenstein (several related companies). Shorenstein hired an architectural firm, MCA, to design and oversee renovation of windows and exterior walls; MCA hired a general…
Date: February 13, 2013
Docket Number: 11-3590
Justia Opinion Summary: Uribe was driving along I- 70 in Indiana, apparently in compliance with all traffic laws, in a vehicle that had no visible evidence of noncompliance with vehicle requirements other than that it was a blue Nissan with a…
Date: February 13, 2013
Docket Number: 12-1511
Justia Opinion Summary: James has been an employee of Hyatt Regency Chicago since 1985. In 2007, James took a leave of absence due to an eye injury that occurred outside of work. James filed suit in 2009 claiming that Hyatt violated his rights…
Date: February 13, 2013
Docket Number: 12-1800
Justia Opinion Summary: A Lithuanian national, Smykiene entered the U.S. in 1995 on a visitor’s visa. Six months after it expired, she was arrested by Border Patrol officers in New York. The officers gave her an order to show cause why she…
Date: February 12, 2013
Docket Number: 11-3428
Justia Opinion Summary: Wells shot his gun into the air several times to celebrate the New Year, 2008. Arriving to investigate, Officer Coker shot Wells three times, seriously injuring Wells. Coker claims that Wells turned toward him and…
Date: February 12, 2013
Docket Number: 11-3477
Justia Opinion Summary: In 2002, U.S. Health entered into a 20-year lease for a nursing home and adjacent property owned by Lock. Before mid-2006, U.S. Health assigned the lease to Americare without obtaining Lock’s written consent, a required…
Date: February 11, 2013
Docket Number: 10-1595
Justia Opinion Summary: A Spanish-speaking linguist working for the Drug Enforcement Administration listened to recordings of Mendiola’s prison telephone conversations prior to testifying before a jury that Mendiola’s voice was likely the one…
Date: February 11, 2013
Docket Number: 12-2456
Justia Opinion Summary: Mustafa, a citizen of Pakistan, and his family entered the U.S. legally as non-immigrant visitors in 2003. Two days before the expiration of his visa, Mustafa filed an application for asylum and withholding of removal.…
Date: February 8, 2013
Docket Number: 11-2308
Justia Opinion Summary: Gutierrez was convicted of first degree murder in the death of Raymond. After pursuing his Illinois state court avenues for post-conviction relief, Gutierrez brought a federal action for a writ of habeas corpus, 28…
Date: February 8, 2013
Docket Number: 11-3513
Justia Opinion Summary: When an employer participating in a multi-employer pension plan withdraws from the plan with unpaid liabilities, federal law can pierce corporate veils and impose liability on owners and related businesses. The Fund is…
Date: February 8, 2013
Docket Number: 12-2699
Justia Opinion Summary: In 2008 Foster pleaded guilty to distributing more than 50 grams of crack cocaine and was sentenced to 130 months’ imprisonment, 21 U.S.C. 841(a)(1). The Seventh Circuit dismissed his appeal as frivolous after his lawyer…
Date: February 7, 2013
Docket Number: 11-1245
Justia Opinion Summary: Hawkins has a long history of violent crimes, gun offenses, escapes, drug use, and violations of supervised release. In 2003 he assaulted U.S. marshals who were trying to arrest him for his latest violation of supervised…
Date: February 7, 2013
Docket Number: 11-2547
Justia Opinion Summary: Cowart, arrested for dealing Vicodin, acted as a confidential informant and was assigned a target: Love. After one staged purchase, Love apparently believed that Cowart was responsible for robbing Love’s crack house.…
Date: February 7, 2013
Docket Number: 12-1487
Justia Opinion Summary: Fitzgerald had not eaten all day, had not slept in three day, and drank some wine. Feeling “down,” Fitzgerald attempted to call a hospital help line, but instead dialed a police non-emergency number. She proceeded to…
Date: February 7, 2013
Docket Number: 12-1565
Justia Opinion Summary: Wren and Moton provided valuable assistance and received sentences lower than the presumptive floor of 120 months’ imprisonment for crack cocaine offenses, 21 U.S.C.841(a)(1), (b)(1). The original sentencing range for…
Date: February 7, 2013
Docket Number: 12-1774
Justia Opinion Summary: Since 2006 Ray has experienced pain in his shoulder. He contends that the pain stems from an injury and that an MRI scan would point the way toward successful treatment; Shah, Ray’s treating physician at the correctional…
Date: February 7, 2013
Docket Number: 12-2669
Justia Opinion Summary: Plaintiff, an inmate of a federal prison, filed a “Bivens” suit against seven named prison staff members plus several unnamed defendants, complaining that in retaliation for the plaintiff’s going on hunger strikes, they…
Date: February 7, 2013
Docket Number: 12-2724
Justia Opinion Summary: Plaintiffs, American citizens, had bank accounts in UBS, Switzerland’s largest bank, in 2008 when the UBS tax-evasion scandal broke. The accounts were large and the plaintiffs had not disclosed the existence of the…
Date: February 7, 2013
Docket Number: 12-2742
Justia Opinion Summary: Boadi legally entered the U.S. in 2000 but overstayed and married Bonds, a U.S. citizen, in 2001. He adjusted his status to conditional lawful permanent resident in 2003, 8 U.S.C. 1186a(a)(1). In 2007, Boadi and Bonds…
Date: February 5, 2013
Docket Number: 11-1601
Justia Opinion Summary: Borrowers obtained secured loans from InBank. Their promissory notes established that InBank would calculate annual interest rates by adding a predetermined amount, usually one percent, to a variable index rate set by…
Date: February 4, 2013
Docket Number: 09-3706
Justia Opinion Summary: Eight members of the Teamsters’ Union sued their former employer under the Labor-Management Relations Act, for terminating their employment on grounds forbidden by a collective bargaining agreement and sued their union,…
Date: February 4, 2013
Docket Number: 10-3879
Justia Opinion Summary: Plaintiffs controlled Mutual Bank. In an effort to save the bank from insolvency, at the request of FDIC-Corporate, they raised about $30 million mostly in the form of note purchases. In 2008, FDIC-Corporate requested…
Date: February 4, 2013
Docket Number: 11-3338
Justia Opinion Summary: Schuster pleaded guilty to knowingly using a minor to produce child pornography, 18 U.S.C. 2251(a). The district court sentenced him to nearly 22 years of imprisonment. The Seventh Circuit affirmed, rejecting arguments…
Date: February 1, 2013
Docket Number: 10-3447
Justia Opinion Summary: Eight participants in a Rockford, Illinois heroin distribution conspiracy pled guilty to conspiracy to possess with intent to distribute more than one kilogram of heroin and more than 50 grams of cocaine base. The…
Date: February 1, 2013
Docket Number: 12-2467
Justia Opinion Summary: Devbrow entered the Indiana prison system in 2000. During intake, he told the medical staff that he had prostate problems and would need to be tested for prostate cancer within two to four years. In 2004 a test revealed…
Date: January 31, 2013
Docket Number: 11-2437
Justia Opinion Summary: McArdle was hired as principal of Lindbergh School in 2008 with a two-year contract that allowed termination after one year with payment of severance. Lindbergh’s prior principal, Davis, was McArdle’s superior. McArdle…
Date: January 31, 2013
Docket Number: 11-3873
Justia Opinion Summary: Vidal planned with an undercover FBI officer to rob a “stash house.” He pleaded guilty to conspiracy to possess with intent to distribute five kilograms or more of cocaine (21 U.S.C. 846; (2)); attempt to possess with…
Date: January 31, 2013
Docket Number: 12-1539
Justia Opinion Summary: Dean boarded an airplane in Chicago bound for Canada, carrying a laptop computer housing more than 14,000 still images and 700 videos of child pornography. He served 21 months in a Canadian prison. Later, in U.S.…
Date: January 30, 2013
Docket Number: 11-2715
Justia Opinion Summary: Pharmaceutical company (Baxter) offered Dr. Rapold, who is Swiss and was living in Europe, the position of Medical Director of Cellular Therapy at its Illinois headquarters. The position was described as “at will.”…
Date: January 30, 2013
Docket Number: 11-3130
Justia Opinion Summary: Diaz-Rios, a 21-year-old Mexican national with no criminal history and a valid tourist visa, was staying with in-laws until he was kicked out. He spoke no English. He accepted a friend’s offer of the use of a car and…
Date: January 30, 2013
Docket Number: 13-1077
Justia Opinion Summary: In consolidated cases, business owners appealed the district court’s denial of a preliminary injunction against enforcement of provisions of the Patient Protection and Affordable Care Act and related regulations…
Date: January 29, 2013
Docket Number: 11-2659
Justia Opinion Summary: At the request of a local detective, Winkle, a member of the violent crime task force, was dispatched to investigate a group of men, reportedly drinking beers on a public sidewalk. The location was in a high-crime area;…
Date: January 29, 2013
Docket Number: 12-1121
Justia Opinion Summary: Animal control officers responded to a complaint about the Abbotts’ dog running loose. Travis interfered with efforts to capture the dog and made threats, prompting a call to police. After his mother, Cindy, coaxed him…
Date: January 29, 2013
Docket Number: 12-2045
Justia Opinion Summary: In 1983, Matamoros was sentenced to 10 years in prison, with a three-year special parole term to follow. When his ordinary parole term expired in 2005, Matamoros’ parole officer issued a Notice of Discharge, explaining…
Date: January 28, 2013
Docket Number: 12-2777
Justia Opinion Summary: Porayko entered bankruptcy in 2009, having $10,000 in a checking account at TCF. Crowell, holding a $73,000 judgment against Porayko, served Porayko with a citation to discover assets, asserting a lien. 735 ILCS…
Date: January 23, 2013
Docket Number: 11-2496
Justia Opinion Summary: Starting in 2002, Smith sought a place on Beloit’s “tow list,” to be called when police required towing services. Chief Wilson denied these requests. Smith, who is African-American, attributed his exclusion to racial…
Date: January 23, 2013
Docket Number: 11-3285
Justia Opinion Summary: From 2008 until his 2010 arrest, Dickerson sold crack cocaine to Vankuiken. In August 2010, Dickerson proposed to trade crack cocaine for guns. Vankuiken took five stolen guns, unloaded, to Dickerson’s Kankakee…
Date: January 23, 2013
Docket Number: 12-2512
Justia Opinion Summary: Indiana Code 35-42-4-12 prohibits certain individuals required to register as sex offenders (Ind. Code 11-8-8) from knowingly using a social networking web site, an instant messaging, or chat room program that the…
Date: January 18, 2013
Docket Number: 12-1022
Justia Opinion Summary: Boroczk has five children and, between 2006 and 2008, approximately 300 still images and multiple videos of his three- to five-year-old daughter and two-year-old son engaging in sexually explicit conduct. In addition,…
Date: January 18, 2013
Docket Number: 12-1623
Justia Opinion Summary: Chen illegally entered the U.S. in 2006. Shortly thereafter, his wife gave birth to the couple’s second child in China. Chinese authorities then forcibly sterilized her. Chen filed for asylum, withholding of removal, and…
Date: January 18, 2013
Docket Number: 12-1682
Justia Opinion Summary: Roddy, born in 1964, suffers from several serious medical problems, including severe lower back pain attributable to degenerative disc disease. When her pain became unbearable, she stopped working and applied for…
Date: January 18, 2013
Docket Number: 12-1854
Justia Opinion Summary: In 2011, the Wisconsin Legislature passed Act 10, a budget repair bill proposed by recently-elected Governor Walker. Act 10 significantly altered state public employee labor laws, creating two classes of public…
Date: January 17, 2013
Docket Number: 10-3944
Justia Opinion Summary: In 2001, Suggs was convicted of conspiracy to possess cocaine with intent to distribute and was sentenced to 300 months. He challenged his conviction and sentence under 28 U.S.C. 2255, succeeding on a claim of…
Date: January 17, 2013
Docket Number: 11-3350
Justia Opinion Summary: The Chaudhry family, citizens of Pakistan, lawfully entered the U.S. in 2003, under a business visitor visa. Before the expiration of that status, Chaudhry and his employer Amtal obtained a status change to skilled…
Date: January 17, 2013
Docket Number: 12-1923
Justia Opinion Summary: Bogie attended a comedy show featuring Joan Rivers, who told a joke about Helen Keller, offending an audience member who had a deaf son. The audience member heckled Rivers; their brief exchange was filmed and was part of…
Date: January 16, 2013
Docket Number: 12-1873
Justia Opinion Summary: The 57-year-old woman, diagnosed with frozen shoulder and later with chronic obstructive pulmonary disease, stopped medical treatment in 2003, having no health insurance and income of $4500 to $9000 a year as a clerical…
Date: January 14, 2013
Docket Number: 12-1351
Justia Opinion Summary: OCV supplies equipment and licenses software for in-room hotel entertainment and sought a judgment of $641,959.54 against Roti, the owner of companies (Markwell, now defunct) that owned hotels to which OCV provided…
Date: January 11, 2013
Docket Number: 11-3396
Justia Opinion Summary: The Mungiki are a violent, outlawed sect, notorious for extortion, torture, and murder by dismemberment. The Kenyan government has been unable to bring the group under control. At age 14, Wanjiru accepted his teacher’s…
Date: January 11, 2013
Docket Number: 12-1784
Justia Opinion Summary: Hentz is an accountant with a firm employed by pension funds to perform accounting and auditing services. The firm possessed a compact disc containing confidential and protected information, including the names, birth…
Date: January 10, 2013
Docket Number: 11-3352
Justia Opinion Summary: McMurtrey pled guilty and was sentenced to 180 months in prison for possession of more than five grams of crack cocaine with intent to deliver and possession of a firearm during a drug trafficking crime. 21 U.S.C.…
Date: January 10, 2013
Docket Number: 11-3675
Justia Opinion Summary: Aguirre pled guilty to violating 8 U.S.C. 1326(a) by illegally reentering the U.S. after a prior deportation that had followed a felony conviction and was sentenced to 48 months in prison. He argued that he should…
Date: January 9, 2013
Docket Number: 11-2894
Justia Opinion Summary: In a trial on drug charges, the district court excluded an exhibit labeled “Roberson Seizure 2,” the testimony of Koop about the recovery of latent fingerprints from that exhibit, and testimony regarding comparison of…
Date: January 9, 2013
Docket Number: 11-3321
Justia Opinion Summary: An officer stopped the car because Weir, a front-seat passenger, was not wearing his seat belt. The officer ascertained that the driver lacked valid registration documents or proof of insurance, but possessed only an…
Date: January 9, 2013
Docket Number: 12-1728
Justia Opinion Summary: Clarke cooperated in a scheme to defraud her employer. The scheme netted more than $250,000; Clarke’s share was $50,000. She pled guilty to committing a fraudulent act that caused a loss of $8,000 and was sentenced to 14…
Date: January 9, 2013
Docket Number: 12-2599
Justia Opinion Summary: The Chicago-area law firms (Anderson) represent plaintiffs in class action lawsuits under the Telephone Consumer Protection Act-Junk Fax Prevention Act, which authorizes $500 in damages for faxing an unsolicited…
Date: January 8, 2013
Docket Number: 12-2274
Justia Opinion Summary: Arbor builds homes in Indiana and contracted with Willmez Plumbing, which was to obtain insurance naming Arbor as an additional insured. Willmez subcontracted to Alarcon. After the work was ostensibly completed, the…
Date: January 7, 2013
Docket Number: 11-2532
Justia Opinion Summary: Bueno and Zavala belonged to a drug trafficking organization investigated by the Drug Enforcement Administration. Both pleaded guilty to conspiracy to possess with intent to distribute five kilograms or more of cocaine,…
Date: January 7, 2013
Docket Number: 11-3833
Justia Opinion Summary: Scherr, an elderly woman who required the use of a walker, booked a room at the Courtyard Marriott Hotel in Overland Park, Kansas and requested a room that complied with the Americans With Disabilities Act. The hotel had…
Date: January 7, 2013
Docket Number: 12-1127
Justia Opinion Summary: Keskes owned and managed Asena, a resale operation that sold goods on its own website, eBay, and Amazon.com. Between 2006 and 2009, Keskes sold more than $3.5 million in merchandise and disbursed more than $12.2 million…
Date: January 4, 2013
Docket Number: 12-1975
Justia Opinion Summary: In 2006 defendant, a Nigerian living in Chicago, learned that police were at the home of a co-conspirator. He called his home and heard strange voices. He warned his drug supplier that the police were closing in, then…
Date: January 3, 2013
Docket Number: 09-3380
Justia Opinion Summary: The pharmaceutical consulting group failed to pay taxes. By 2005, it accumulated over $1 million in unpaid liabilities. Revenue Officer Johnson pursued collection efforts, levied the group’s accounts, and sought to…
Date: January 3, 2013
Docket Number: 12-1494
Justia Opinion Summary: In 2010 Ramirez-Fuentes confessed to being responsible for a bag containing 3.1 kilograms of methamphetamine and for two firearms found in his brother’s apartment and was charged with one count of possession with the…
Date: January 2, 2013
Docket Number: 12-2250
Justia Opinion Summary: In 2011, BEST fired Aslin, a securities broker, to remain compliant with the Financial Industry Regulatory Authority “Taping Rule,” which requires securities firms to adopt monitoring measures when too many of their…
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