2013 Seventh Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1255
Date: December 31, 2013
Docket Number: 13-1297
Justia Opinion Summary: Based on his participation in a mortgage fraud scheme, Rucker was convicted of one count of wire fraud in violation of 18 U.S.C. 1343 and sentenced to 30 months’ imprisonment, one year of supervised release, and payment…
Date: December 31, 2013
Docket Number: 13-2223
Justia Opinion Summary: Defendant pleaded guilty to conspiring to commit a robbery affecting interstate commerce, a violation of the Hobbs Act, 18 U.S.C. 1951(a), and to carrying firearms in relation to a crime of violence, in violation of 18…
Date: December 30, 2013
Docket Number: 13-1900
Justia Opinion Summary: Medlock, an Indiana University sophomore, lived, by choice in a dormitory, where he was required to allow inspections of his room by graduate students employed by IU. Medlock was given a week’s notice by email and…
Date: December 27, 2013
Docket Number: 13-1636
Justia Opinion Summary: Creditor appealed the bankruptcy court's denial of her claim against the estate of debtor, her former husband and business partner. The state courts had determined that debtor still owed money to creditor after they…
Date: December 26, 2013
Docket Number: 11-3458
Justia Opinion Summary: Plaintiff filed suit against the FDIC, seeking judicial review of his disallowed claims. The district court granted the FDIC's motion to dismiss and plaintiff appealed. Pursuant to the statutory provisions in the…
Date: December 26, 2013
Docket Number: 12-3890
Justia Opinion Summary: Plaintiffs filed a class action suit against B&B and others, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1962. The alleged scheme involved "Population Equivalents"…
Date: December 26, 2013
Docket Number: 13-1343
Justia Opinion Summary: Defendant was convicted of charges relating to his operation of a commodity pool that he used as the vehicle for a Ponzi scheme. The government conceded that the judge erred in adding an abuse of trust enhancement in a…
Date: December 26, 2013
Docket Numbers: 13-2434, 13-2818
Justia Opinion Summary: In consolidated appeals, the court ruled on motions to seal settlement agreements. In Goesel, the law firm filed a motion to maintain under seal documents disclosing the amounts of a personal injury settlement and of the…
Date: December 23, 2013
Docket Number: 12-2675
Justia Opinion Summary: Manitowoc police brought in a man suspected of stabbing a police officer. The suspect apparently refused to eat, and officers believed he was mentally unstable. Police Chief Kingsbury arranged for the suspect’s mother to…
Date: December 23, 2013
Docket Number: 13-1148
Justia Opinion Summary: After receiving complaints of drug trafficking, police arranged an undercover controlled purchase of crack cocaine from a lower level apartment in Rockford. Days later, they obtained a warrant to search the “lower…
Date: December 23, 2013
Docket Number: 13-1277
Justia Opinion Summary: The debtors borrowed money secured by mortgages on real estate. The mortgages were recorded by the lenders to ensure the priority of their liens. The recorded mortgages did not state the maturity date of the secured…
Date: December 23, 2013
Docket Number: 13-1956
Justia Opinion Summary: Menzies, an air cargo handling business, leased CenterPoint’s 185,280-square-foot warehouse near O’Hare Airport. Another tenant used the building to store airplane parts until 2006. Under the lease, Menzies is…
Date: December 23, 2013
Docket Number: 13-2739
Justia Opinion Summary: The Seventh Circuit considered appeals by Illinois and Illinois counties and a Wisconsin county of district court holdings that those governmental bodies cannot levy a tax on sales of real property by Fannie Mae (Federal…
Date: December 20, 2013
Docket Number: 13-1001
Justia Opinion Summary: Doss organized an identity theft ring, was indicted for, and pleaded guilty to, possessing with intent to use unlawfully or transfer unlawfully five or more identification documents, a violation of 18 U.S.C. 1028(a)(3);…
Date: December 20, 2013
Docket Number: 13-1026
Justia Opinion Summary: Horsfall worked as a real estate agent for First Weber, 2001-2002, and was the listing agent on First Weber’s contract with Call, who was trying to sell property. The contract gave First Weber exclusive rights collect…
Date: December 20, 2013
Docket Number: 13-1242
Justia Opinion Summary: Immunosciences developed and sold medical tests and testing materials. In 2007, NeuroSciences wanted to expand its offerings. Immunosciences and NeuroScience decided to collaborate, but the relationship fell apart within…
Date: December 20, 2013
Docket Number: 13-1243
Justia Opinion Summary: Dalton worked in coal mine jobs from 1957 until 1991 and was exposed to substantial coal and rock dust. He developed trouble breathing; he quit his job and was never employed again. In 1999 Dalton sought benefits under…
Date: December 20, 2013
Docket Number: 13-2081
Justia Opinion Summary: Charleston began his fourth year at the College of Medicine in 2010, having finished his Obstetrics and Gynecology clinical rotation in June. In September, Charleston’s preceptors submitted a complaint, asking that…
Date: December 20, 2013
Docket Number: 13-2120
Justia Opinion Summary: Garcia, previously a construction worker and then age 40, applied for social security disability benefits in 2010, claiming abdominal pain caused by cirrhosis of the liver, severe low platelet count, hepatitis C, and an…
Date: December 20, 2013
Docket Number: 13-2247
Justia Opinion Summary: Riding as a prisoner in the back of a patrol van, Fluker was injured when the van stopped short to avoid a collision and he tumbled off his seat. Roy and his wife filed suit, alleging various injuries. The district court…
Date: December 20, 2013
Docket Number: 13-2456
Justia Opinion Summary: In 2008 the EEOC received a charge of discrimination from a woman who claimed Mach Mining had denied her applications for coal mining jobs because of her gender. After investigation, the agency determined there was…
Date: December 20, 2013
Docket Number: 13-2726
Justia Opinion Summary: In 2013, the Governor of Wisconsin signed into law a statute that prohibits a doctor, under threat of heavy penalties, from performing an abortion unless he has admitting privileges at a hospital no more than 30 miles…
Date: December 19, 2013
Docket Number: 11-2091
Justia Opinion Summary: Inmate Verser began a hunger strike in response to perceived unwarranted prison discipline against him. Prison protocols involve moving a hunger striker to a separate cell after he misses three meals. Verser alleges that…
Date: December 19, 2013
Docket Number: 12-3091
Justia Opinion Summary: Diadenko began working at Schurz High School in 2009 and became aware of practices relating to Individualized Education Plans for the school’s special education department that, in her opinion, were problematic. After…
Date: December 19, 2013
Docket Number: 13-1846
Date: December 18, 2013
Docket Number: 12-3133
Justia Opinion Summary: The Debtor leased a building and, during liquidation in bankruptcy, assumed the lease, 11 U.S.C. 365, and sold the leasehold interest (and other assets) to Tenant. The bankruptcy judge approved the transaction in 2007,…
Date: December 18, 2013
Docket Number: 13-1385
Justia Opinion Summary: In 2011, the Seventh Circuit reversed Loughry’ss convictions for child pornography offenses because the district court erred in admitting certain “hard core” child pornography videos found on Loughry’s computer.…
Date: December 17, 2013
Docket Number: 13-1535
Justia Opinion Summary: Klinkhammer initiated a traffic stop after he clocked Hanson speeding. Hanson got out and Klinkhammer told Hanson to get back into his car. He later testified that Hanson was yelling and acting bizarrely. Hanson…
Date: December 16, 2013
Docket Number: 12-1355
Justia Opinion Summary: Phusion manufactures and distributes an alcoholic beverage called “Four Loko.” Its original formula contained energy stimulants, such as caffeine, guarana, taurine, and wormwood. Phusion purchased a commercial general…
Date: December 16, 2013
Docket Number: 12-1626
Justia Opinion Summary: Kim, his wife Ko, and their children are citizens of South Korea who were admitted to the U.S. in 2003, as nonimmigrant visitors for pleasure. Before an extension expired, Ko, obtained an F-1 visa, changing her status to…
Date: December 16, 2013
Docket Number: 13-1832
Justia Opinion Summary: In November 2010, law enforcement intercepted six railcars that crossed from Mexico into the U.S. and discovered that the railcars contained large amounts of marijuana, which had been packed into bricks. The marijuana…
Date: December 16, 2013
Docket Number: 13-1854
Justia Opinion Summary: Seidling admitted to knowingly mailing documents containing false information about service of process or publication of notice to small claims courts in Wisconsin and hiding the filings of the actions from named…
Date: December 16, 2013
Docket Number: 13-2571
Justia Opinion Summary: Gogos, a pipe welder for 45 years, has taken blood pressure medication for more than eight years. He began working for AMS in December 2012 as a welder and pipe-fitter. The next month, his blood pressure spiked and he…
Date: December 13, 2013
Docket Number: 11-3240
Justia Opinion Summary: White, Ford, and Helton were involved in a mortgage fraud scheme through White’s company, EHNS. EHNS offered a “mortgage bailout” program, telling homeowners that they could avoid foreclosure by transferring their homes…
Date: December 13, 2013
Docket Number: 12-1816
Justia Opinion Summary: In 1994, Norem purchased a “Flexible Premium Variable Life Insurance Policy” from Lincoln Benefit. With variable life insurance, part of the premium is allocated to the insurer’s investment funds, called subaccounts.…
Date: December 13, 2013
Docket Number: 13-1313
Justia Opinion Summary: As part of an immunity agreement, a confidential informant agreed to pose as an individual looking to buy drugs and met with Quiroz, whom he had known for several years, and three other men: Mendez, Figueroa, and Garcia.…
Date: December 12, 2013
Docket Number: 12-1010
Justia Opinion Summary: Reynolds, a 62-year-old white male with more than 30 years’ experience with the U.S. General Services Administration, was passed over for a promotion from Building Management Specialist, to Building Manager. Bell, a…
Date: December 12, 2013
Docket Number: 12-2967
Justia Opinion Summary: In 1996, Martha Castro saw a man dressed in black leaning over her husband on the ground outside their home. Martha’s nephew, Varela, ran outside. Varela struck the man, who fired a gun before running into the alley.…
Date: December 12, 2013
Docket Number: 12-3912
Justia Opinion Summary: At 2:15 a.m., Officer Snyder observed Jones’s vehicle traveling faster than the posted 35 mph limit, and confirmed by radar that Jones was traveling at 53 mph. Snyder observed Jones swerving in his lane. He turned on his…
Date: December 12, 2013
Docket Number: 13-1106
Justia Opinion Summary: A Caterpillar worker developed epicondylitis, an inflammation of tendons near the elbow. A Department of Labor regulation requires employers to report injuries if “the work environment either caused or contributed to the…
Date: December 11, 2013
Docket Number: 12-3042
Justia Opinion Summary: Washington was arrested as a suspect in a double homicide. While charges were pending, he filed a civil suit (42 U.S.C. 1983) against Officer Parkinson, alleging that she kicked him in the face and hit him with a…
Date: December 11, 2013
Docket Number: 13-1403
Justia Opinion Summary: Chicago police obtained a warrant and searched a two-bedroom apartment leased by Tucker’s mother. Tucker's mother and his niece were present. Officer Edwards found a rifle and documents bearing Tucker’s name under a…
Date: December 11, 2013
Docket Number: 13-1758
Justia Opinion Summary: Chen faced deportation to Fujian Province and claimed to face a significant risk of persecution there because, since coming to the U.S. in 2002, she has given birth to two children in violation of China’s one‐child…
Date: December 11, 2013
Docket Number: 13-2652
Justia Opinion Summary: Williams filed his complaint listing more than 100 defendants, including the state, its Attorney General, and Illinois State University, claiming that university police arrested him without probable cause and that other…
Date: December 5, 2013
Docket Number: 12-2631
Justia Opinion Summary: Caira, a published medical researcher, began producing synthetic drugs, including more than 70,000 pills of MDMA (ecstasy). He was indicted and met with U.S. attorneys to discuss a plea bargain. An attorney subsequently…
Date: December 5, 2013
Docket Number: 13-1365
Justia Opinion Summary: Wells Fargo sued the Younans for breach of contract. The defendants moved for dismissal for lack of subject matter jurisdiction, lack of personal jurisdiction over Sherry Younan because of lack of minimum contacts in…
Date: December 4, 2013
Docket Number: 11-3714
Justia Opinion Summary: Re and Leach owned warehouses in Englewood, Florida. After leasing space in Leach’s warehouse, Daughtry told his agent that he did so because Leach stated that a sewer line essential to Re’s warehouse crossed Leach’s…
Date: December 4, 2013
Docket Number: 13-1295
Justia Opinion Summary: Convicted in 1990 for aggravated criminal sexual abuse, Shah was ordered removed to India in 2005. He did not seek judicial review, but unsuccessfully moved for reconsideration, arguing that he should have been granted a…
Date: December 4, 2013
Docket Number: 13-1736
Justia Opinion Summary: Henderson was convicted of possessing a firearm as a felon, 18 U.S.C. 922(g)(1). On appeal, he argued that the district court abused its discretion in excluding an out‐of‐court statement of an unavailable declarant…
Date: December 3, 2013
Docket Number: 12-3878
Justia Opinion Summary: Since about 2009, Velazco and codefendants coordinated the Chicago distribution of cocaine, heroin, and marijuana for a Mexican drug-trafficking organization. Velazco also assisted with collection and transportation of…
Date: December 3, 2013
Docket Number: 12-3897
Justia Opinion Summary: In 2007, Professor Ortony of Northwestern University, asked Dean Peterson, for a year’s leave to visit another university. Peterson proposed to authorize paid leave during calendar year 2008 and the 2011–12 academic…
Date: December 3, 2013
Docket Number: 13-1398
Justia Opinion Summary: Craig self-published a book of adult relationship advice, “It’s Her Fault,” in which he discussed sexually provocative themes and used sexually explicit terms. Craig’s employer, a school district, learned of the book and…
Date: December 2, 2013
Docket Number: 12-1778
Justia Opinion Summary: The Illinois Department of Corrections (IDOC) investigated Burkhardt, a correctional officer at LCC and determined that Burkhardt had taken his cell phone inside and used it to make 30 calls from inside the facility, in…
Date: December 2, 2013
Docket Number: 12-3359
Justia Opinion Summary: Bates has suffered from radiating neck pain since 2004, when a truck struck her car. Since then, she has continued to care for her six adopted children and dealt with the loss of her fiancé and her mother. As a result…
Date: December 2, 2013
Docket Number: 13-2251
Justia Opinion Summary: Plaintiff was sued by Asset Acceptance, a debt collector, for a debt arising from her purchase of natural gas for household use. She sued, claiming that Asset Acceptance sued after the statute of limitations on the…
Date: November 27, 2013
Docket Number: 12-2745
Justia Opinion Summary: In 2005, Standard introduced a new financial product into the 403(b) and 457 markets. Blanchar was hired as Director of Institutional Sales/Product Manager for those products. His responsibilities included training…
Date: November 26, 2013
Docket Number: 13-1186
Justia Opinion Summary: Attorney Stilp represented Miller in claims concerning the construction of Miller’s house by contractor Herman. The district court dismissed. Stilp recommended that Miller terminate the action based on state law. Miller…
Date: November 26, 2013
Docket Number: 13-2316
Justia Opinion Summary: Sikhism is an Indian religion. Most Sikhs live in the Indian state of Punjab. The state’s highest official is Badal. SFJ, a U.S.‐based human rights group, accuses Badal of overseeing police and others implicated in…
Date: November 25, 2013
Docket Number: 12-3070
Justia Opinion Summary: The NECA-IBEW Health and Welfare Fund provides health benefits to members of a local union of electrical workers. The Fund negotiated a Local Agreement with Sav-Rx, a provider of prescription-drug benefits, under which…
Date: November 25, 2013
Docket Number: 13-1217
Justia Opinion Summary: Starko pleaded guilty to two counts of producing child pornography, 18 U.S.C. 2251(a). He had produced videos of a five-year-old girl. Starko was a friend of the girl’s mother and was living in their home. …
Date: November 25, 2013
Docket Number: 13-1629
Justia Opinion Summary: In 2005, Indianapolis and Marion County passed an ordinance prohibiting smoking in most buildings frequented by the general public, with exceptions for bars and taverns with liquor licenses that neither served nor…
Date: November 25, 2013
Docket Number: 13-1855
Justia Opinion Summary: Defendant pleaded guilty to being a felon in possession of a gun, 18 U.S.C. 922(g)(1), which carries a maximum sentence of 10 years. The judge found that he had three prior convictions of “violent” felonies under the…
Date: November 22, 2013
Docket Number: 13-2037
Justia Opinion Summary: From 1978 to 2000, Cerentano worked as a coal miner. He was injured in 15 mining incidents and received six separate awards of permanent partial disability, but was able to return to work after each injury. In 2000…
Date: November 22, 2013
Docket Number: 13-2075
Justia Opinion Summary: In 2008 Huart pled guilty to possessing child pornography, and was sentenced to 65 months. In 2011, he was transferred to a private halfway house that contracts with the Bureau of Prisons. Rules provided to Huart…
Date: November 21, 2013
Docket Number: 11-3265
Justia Opinion Summary: Indiana enacted the Automated Dialing Machine Statute, which bans “robocalls” unless the receiver has consented to the calls in advance, Ind. Code 24–5–14–1, with limited exemptions. School districts may send messages to…
Date: November 20, 2013
Docket Number: 12-3115
Justia Opinion Summary: Apex, a manufacturer of electronics, and Sears entered into an agreement in 2003. In 2004, Sears implemented a program to create a return reserve on Apex’s account. The return reserve was an internal accounting mechanism…
Date: November 20, 2013
Docket Number: 12-3174
Justia Opinion Summary: Hamilton claimed that Lorincz, dying of Parkinson’s disease, hired her to help him at home. She was a friend of Lorincz’s daughter, a former physician who was serving jail time. After Hamilton had worked 88 hours,…
Date: November 19, 2013
Docket Number: 13-1069
Justia Opinion Summary: Deported following a 1996 conviction for attempted first degree murder and armed violence, Lara, a citizen of Mexico, returned to the U.S. and was arrested for armed robbery and attempted armed robbery. After a second…
Date: November 18, 2013
Docket Number: 13-1679
Justia Opinion Summary: Petitioners applied for asylum in the U.S., claiming that they had been persecuted as members of the “social group” of timberlands owners and would face risks if returned to Honduras. Organized squatters, “La Via…
Date: November 15, 2013
Docket Number: 12-1002
Justia Opinion Summary: Bailey was convicted in Illinois state court of one count of murder and two counts of attempted murder. His trial counsel, Swano, had not filed a discovery motion and did not know that one of the eyewitnesses had…
Date: November 15, 2013
Docket Number: 13-1407
Justia Opinion Summary: Crundwell, Comptroller of Dixon, Illinois since 1983, pleaded guilty to embezzling about $53 million from the city between 1990 and 2012. She used the money to support more than 400 quarter horses and a lavish lifestyle,…
Date: November 14, 2013
Docket Number: 13-1443
Justia Opinion Summary: MERSCORP operates an online membership organization that records, trades, and forecloses loans on behalf of many lenders. Banks can register their mortgages on the system and assign the mortgages to MERSCORP, which then…
Date: November 14, 2013
Docket Number: 13-2559
Justia Opinion Summary: Kraft sued Cracker Barrel Old Country Store for trademark infringement, Lanham Act, 15 U.S.C. 1051, and obtained a preliminary injunction against the sale of food products to grocery stores under the name Cracker Barrel,…
Date: November 8, 2013
Docket Number: 12-1329
Justia Opinion Summary: Four white male Chicago police officers, in plain clothes, in an unmarked car, were driving in a high-crime area that is largely nonwhite. A woman signaled them and, when they stopped, stated that men were gathered in a…
Date: November 8, 2013
Docket Number: 12-3378
Justia Opinion Summary: Balthazar lived in one of two apartments on the third floor. Police had a warrant to search the other apartment. Both had rear doors about opening on a common landing. The officers climbed the stairs to the landing and…
Date: November 7, 2013
Docket Number: 11-1112
Justia Opinion Summary: After discovering that she had lung cancer that had spread to her brain, Killian underwent aggressive treatment on the advice of her doctor. The treatment was unsuccessful and she died. Her husband submitted medical…
Date: November 6, 2013
Docket Number: 11-2265
Justia Opinion Summary: In 1999 Brumfield was hired as a nonprobationary police officer. In 2006 she began to experience unspecified “psychological problems.” The city required her to submit to four psychological examinations. Each time…
Date: November 5, 2013
Docket Number: 12-2081
Justia Opinion Summary: Grandberry sought habeas corpus relief under 28 U.S.C. 2254 from a disciplinary sanction, loss of “good time” credits, imposed against him by a state prison. He claimed that the Indiana prison’s disciplinary proceedings…
Date: November 5, 2013
Docket Number: 13-2661
Justia Opinion Summary: In 2012 the Seventh Circuit invalidated provisions of the Illinois gun law, 720 ILCS 5/24‐1,‐1.6, which, with limited exceptions, prohibited a person from carrying a ready-to-use gun outside his property or the property…
Date: November 4, 2013
Docket Number: 11-3422
Justia Opinion Summary: In a proposed class action, Schilke alleged that Wachovia, her lender and holder of a mortgage on her home, fraudulently placed insurance on her property when her homeowner’s policy lapsed. Wachovia secured the…
Date: November 4, 2013
Docket Number: 12-1276
Justia Opinion Summary: Anobah was an Illinois-licensed loan officer, employed by AFFC, and acted as a loan officer for at least two fraudulent schemes. Developers Brown and Adams recruited Mason to act as a nominee buyer of a property and…
Date: November 4, 2013
Docket Number: 12-2856
Justia Opinion Summary: Prison official Meyerhoff wrote a disciplinary report on inmate Hardaway, charging damage or misuse of property, forgery, and trading or trafficking of official electronics contract forms. Hardaway was sentenced to six…
Date: November 4, 2013
Docket Number: 13-1058
Justia Opinion Summary: Serino was employed as a soccer coach at Oakland City University in Indiana. In September 2008, the university’s Vice President informed Serino that he was suspended from his position then contacted Hensley, Chief of…
Date: November 4, 2013
Docket Number: 13-1202
Justia Opinion Summary: Sasafrasnet, an authorized distributor of BP products, provided Joseph with notice of its intent to terminate his franchise based on three occasions when Sasafrasnet attempted to debit Joseph’s bank account to pay for…
Date: November 4, 2013
Docket Number: 13-2241
Justia Opinion Summary: Brookfield owns a shopping center that is subject to a first mortgage of $8,900,000, held by a trust, and a second mortgage for $2,539,375 that has been transferred to ValStone, which also serves as attorney in fact for…
Date: November 1, 2013
Docket Number: 12-1152
Justia Opinion Summary: Titan purchased an Illinois tire manufacturing facility, then entered into labor agreements with Local 745, which represented the Titan workers. Titan paid the full union salaries of Local 745's President and Benefit…
Date: November 1, 2013
Docket Number: 12-2614
Justia Opinion Summary: A 1980 fire in a Chicago apartment building killed 10 children. Kidd became a suspect following his arrest on unrelated charges. At his 1987 trial on charges of arson and 10 counts of murder, Strunck, a public defender,…
Date: November 1, 2013
Docket Number: 13-1627
Justia Opinion Summary: Devbrow, an Indiana prisoner, filed suit under 42 U.S.C. 1983 asserting that prison officials denied him access to the courts by confiscating and destroying his legal papers in retaliation for a prior lawsuit (concerning…
Date: October 31, 2013
Docket Number: 12-3306
Justia Opinion Summary: Waupaca manufactures iron castings and provides its foundry employees with personal protective equipment (PPE), including hard hats, safety glasses, ear protection, steel-toed footwear, and a fire-retardant uniform.…
Date: October 31, 2013
Docket Number: 12-3766
Justia Opinion Summary: Plaintiff challenged the constitutionality of the Indiana Unclaimed Property Act, Ind. Code 32‐34‐1‐1, as authorizing confiscation of private property without compensation. The Act states that property is presumed…
Date: October 31, 2013
Docket Number: 13-1821
Justia Opinion Summary: Med‐1 buys delinquent debts and purchased Suesz’s debt from Community Hospital. In 2012 it filed a collection suit in small claims court and received a judgment against Suesz for $1,280. Suesz lives one county over from…
Date: October 30, 2013
Docket Number: 11-3158
Justia Opinion Summary: Steidl and Whitlock were convicted of 1987 murders, largely based on testimony by two supposed eyewitnesses. Long after the convictions, an investigation revealed that much of the testimony was perjured and that…
Date: October 30, 2013
Docket Number: 12-1208
Justia Opinion Summary: Wells Fargo and Hindman were creditors of Clark, whose president and CEO was Hindman’s son. Wells Fargo agreed to extend credit to the companies if Hindman agreed to become a subordinated creditor. Hindman executed…
Date: October 30, 2013
Docket Number: 12-1961
Justia Opinion Summary: Foster was charged with distributing crack cocaine and a separate conspiracy-to-distribute charge. Against the advice of appointed counsel, Kupsis, Foster rejected two proposed plea agreements, each of which would have…
Date: October 30, 2013
Docket Number: 12-3159
Justia Opinion Summary: Through their companies, Pilon and her husband falsely represented that one investment program would generate significant returns that Pilon would use to pay off the investors’ mortgages within two years, and make a…
Date: October 30, 2013
Docket Number: 13-1125
Date: October 30, 2013
Docket Number: 13-1274
Justia Opinion Summary: Woodboro has about 750 residents on 21,857 acres, within Oneida County. Woodboro’s 1998 Land Use Plan encourages low density single family residential development for waterfront properties and maintaining rural…
Date: October 29, 2013
Docket Number: 12-3478
Justia Opinion Summary: Mead Johnson, purchased a primary Commercial General Liability policy from National Union, with a limit of $2 million for liability for “personal and advertising injury” and an excess liability policy from Lexington,…
Date: October 29, 2013
Docket Number: 13-1526
Date: October 28, 2013
Docket Number: 12-2682
Justia Opinion Summary: An Illinois inmate sued under 42 U.S.C. 1983, claiming that a nurse practitioner and a correctional counselor were deliberately indifferent to his serious medical condition, hypertension (high blood pressure). He had…
Date: October 28, 2013
Docket Number: 12-2905
Justia Opinion Summary: Patrolling officers spotted a car driven White, with Lyons as a passenger. Officer Dodd recognized White from previous encounters, some of which involved attempts to flee arrest; Dodd knew that White’s license had been…
Date: October 28, 2013
Docket Number: 12-3285
Justia Opinion Summary: Cornejo’s father came to the U.S. in 1983 and, in 1994, brought his family to this country without admission. At age 18, Cornejo began having trouble with the law, including charges of driving without a license,…
Date: October 25, 2013
Docket Number: 12-1480
Date: October 25, 2013
Docket Number: 12-1508
Justia Opinion Summary: The Gulfport Mississippi apartment complex was damaged in Hurricane Katrina. Its insurer, RSUI paid actual-cash-value proceeds. The parties began negotiating for additional replacement-cost proceeds. During negotiations,…
Date: October 24, 2013
Docket Number: 12-3249
Justia Opinion Summary: Williams was returning home from work late at night. He smelled smoke, saw that his neighbor’s house was on fire, and went to the porch of the burning home to rouse anyone who might be inside. Chicago police officers…
Date: October 24, 2013
Docket Number: 13-1200
Justia Opinion Summary: Lavalais is the only black police officer employed by the Village of Melrose Park, which has about 75 officers. He has been a Melrose Park officer for more than 20 years. In 2010, Lavalais filed a charge with the Equal…
Date: October 23, 2013
Docket Number: 10-3979
Justia Opinion Summary: Officers responded to reports of gunfire in a Chicago public housing complex. Two people stated that “gangbangers” were running guns and drugs into the building and pointed to apartment 501. No one answered when they…
Date: October 23, 2013
Docket Number: 12-1912
Justia Opinion Summary: Convicted of sex trafficking in violation of 18 U.S.C. 1591(a), and sentenced to 50 years in prison. Sawyer admits that he forced at least seven girls whom he knew to be minors to work as prostitutes for his benefit. He…
Date: October 23, 2013
Docket Number: 12-2751
Justia Opinion Summary: In 2000, the Schuchmans purchased homeowner’s insurance from State Auto to insure a residence in Junction City, Illinois. About 10 years later, a fire severely damaged the insured house and the Schuchmans made a claim…
Date: October 23, 2013
Docket Number: 12-3128
Justia Opinion Summary: Orillo, her husband (a doctor), and another owned Chalice, a home health care provider. Chalice was an enrolled provider with Medicare and could seek reimbursement of home health care through that program. Orillo…
Date: October 22, 2013
Docket Number: 13-1349
Justia Opinion Summary: The Berkowitz family has a history of IRS problems. Yair began participating in his father’s schemes in 1999, acquiring the information of dead people and federal prisoners to prepare fraudulent tax returns. Between 2003…
Date: October 22, 2013
Docket Number: 13-1465
Justia Opinion Summary: Philpot, former Clerk of Lake County, Indiana, took $25,000 in incentive payments from a federally funded child‐support fund (42 U.S.C. 658a(a)) without the required approval of the county fiscal body. The Indiana…
Date: October 21, 2013
Docket Number: 12-1699
Justia Opinion Summary: Johnson was rejected for four promotions and was terminated in 2004, when her employer, General Board learned that Johnson had been recording conversations with co-workers without their consent. Johnson had filed charges…
Date: October 21, 2013
Docket Number: 13-1203
Justia Opinion Summary: In 2001 a burglar set fire to Frankton High School, causing millions of dollars in damages. According to the plaintiff, an officer coerced one of the suspects and others to accuse the plaintiff. The plaintiff was…
Date: October 18, 2013
Docket Number: 12-2814
Justia Opinion Summary: Thompson pleaded guilty to conspiring to possess and distribute cocaine and heroin, 21 U.S.C. 846, 841(a)(1), and was sentenced to 540 months in prison. The Seventh Circuit affirmed. Thompson then moved to vacate under…
Date: October 18, 2013
Docket Number: 12-3419
Justia Opinion Summary: In 2007 Hobart, Wisconsin passed an ordinance assessing stormwater management fees on all parcels in the village, including land owned by the Oneida Nation of Wisconsin, an Indian tribe, to finance construction and…
Date: October 18, 2013
Docket Number: 13-1722
Justia Opinion Summary: American Airlines filed for bankruptcy and implemented a plan to reduce labor costs. Anticipating a reduction in the number of AA mechanics, resulting in reduction in the number of Transportation Workers Union members,…
Date: October 17, 2013
Docket Number: 13-1710
Justia Opinion Summary: Davis was driving his tractor‐trailer on I-70 through Illinois toward St. Louis. The sleeping compartment had a hidden compartment in which Davis was hiding $304,980 in cash. Davis passed an unmarked police vehicle…
Date: October 16, 2013
Docket Number: 12-2688
Justia Opinion Summary: Manpower, an international staffing firm, is the parent of Right Management in Paris, France. A building in which Right leased space collapsed, so that Right’s offices were inaccessible. Right relocated without having…
Date: October 15, 2013
Docket Number: 12-3392
Justia Opinion Summary: Soto entered the U.S. in 1978 as an infant and became a lawful permanent resident in 1991 at age 13. She was convicted of theft in 2002, of passing a worthless check in 2003, and of possessing methamphetamine in 2005, a…
Date: October 11, 2013
Docket Number: 12-3313
Justia Opinion Summary: Brown was the office manager and accountant for Indiana small businesses owned by the Walker family from 1989 until 2009. The family discovered that Brown was embezzling by using company credit cards and checks to pay…
Date: October 10, 2013
Docket Number: 13-1338
Justia Opinion Summary: Mullin began selling fire trucks and rescue equipment in 1990. In 2006, the employer’s new owner took an account away from Mullin because of criticism by a fire chief. In 2008 and 2009, Mullin won awards for selling the…
Date: October 10, 2013
Docket Number: 13-1459
Justia Opinion Summary: In 1989, Spiller, age 12, was found delinquent for attempted criminal sexual assault. He was convicted of aggravated battery with a firearm and aggravated discharge of a firearm in 1995. In 2005, while on parole, Spiller…
Date: October 10, 2013
Docket Number: 13-1608
Justia Opinion Summary: The pro se plaintiff sued her former employer, a private recipient of federal funding, alleging violation of the Rehabilitation Act of 1973, 29 U.S.C. 794, by requiring her to complete certain duties as a dental…
Date: October 9, 2013
Docket Number: 12-1582
Justia Opinion Summary: Bovee contends that his sister, Broom, violated the due process clause when, in her role as guidance counselor at his children’s school, she criticized his parenting methods and called him a “bad father.” Bovee claims…
Date: October 9, 2013
Docket Number: 12-2210
Justia Opinion Summary: Under a 2008 master contract, governed by Minnesota law, Lyon, a Minnesota finance firm, had a right of first refusal to provide lease financing for Illinois Paper’s customers. Lyon had the option to purchase office…
Date: October 9, 2013
Docket Number: 12-3525
Justia Opinion Summary: Johns was indicted for possession of a firearm as a convicted felon. Count One alleged possession of a .20 caliber shotgun in July, Count Two alleged a .45 caliber rifle in September, and Count Three alleged a loaded .38…
Date: October 9, 2013
Docket Number: 12-3536
Justia Opinion Summary: Augutis had reconstructive surgery on his foot at a VA hospital. Complications led to amputation of his leg. Augutis claims that the amputation was the result of negligent treatment and filed an administrative complaint…
Date: October 9, 2013
Docket Number: 12-3877
Justia Opinion Summary: Womack, convicted of distributing more than five grams of crack cocaine, 21 U.S.C. 841(a)(1) and (b)(1)(B), was sentenced to 360 months’ imprisonment. The Seventh Circuit vacated the sentence. On remand the district…
Date: October 8, 2013
Docket Number: 12-1330
Justia Opinion Summary: Burris worked in coal mines for 23 years. He twice sought benefits under the Black Lung Benefits Act, 30 U.S.C. 901, abandoning his first claim in 2001, and pursuing a second claim in 2006. After a hearing on the second…
Date: October 7, 2013
Docket Number: 12-2779
Justia Opinion Summary: At age 15 Jimenez was convicted of a murder he did not commit. He spent 16 years in prison before he was exonerated. He filed suit under 42 U.S.C. 1983 and state law against the City of Chicago and former Chicago…
Date: October 7, 2013
Docket Number: 12-3774
Justia Opinion Summary: Swift, Schaltenbrand, and Siddle entered into an informal partnership arrangement to operate a mail-order pharmacy, divide the profits from that business, and eventually sell the book of customers to another pharmacy.…
Date: October 3, 2013
Docket Number: 12-3711
Justia Opinion Summary: Brindley and Thompson entered appearances as counsel for one of two defendants charged with drug offenses. A joint trial was scheduled. Both moved for continuance; the court set a hearing and ordered defendants counsel…
Date: October 3, 2013
Docket Number: 13-1197
Justia Opinion Summary: Schomas, 54 years old, suffers from scoliosis and degenerative disc disease. Following a hearing, the Social Security Administration denied his application for Disability Insurance Benefits. The district court and the…
Date: October 2, 2013
Docket Number: 12-3806
Justia Opinion Summary: Todd alleges that in 2012 he received a recorded telephone message from Collecto asking him to call and help the company locate his mother, Terry. He called; a Collecto representative told him that Terry owed AT&T money…
Date: October 2, 2013
Docket Number: 13-2729
Justia Opinion Summary: Addison filed a class action, alleging that Domino had sent thousands of “junk faxes” in violation of the Telephone Consumer Protection Act, 47 U.S.C. 227, and the Illinois Consumer Fraud Act, and had committed the tort…
Date: October 1, 2013
Docket Number: 12-1886
Justia Opinion Summary: In a pro se suit under 42 U.S.C. 1983 a prisoner alleges that officials of an Illinois jail willfully failed to prevent other inmates from assaulting him. The district judge conducted a telephonic “merit‐review hearing”…
Date: September 30, 2013
Docket Number: 11-3731
Justia Opinion Summary: CE is a small Chicago-area engineering firm that has filed at least 150 class action suits under the Telephone Consumer Protection Act. In this case, CE sued Cy’s Crab House on behalf of a class of junk-fax recipients.…
Date: September 30, 2013
Docket Number: 12-2382
Justia Opinion Summary: The Zuno brothers were charged as members of a conspiracy to possess cocaine and marijuana with the intent to distribute, 21 U.S.C. 846. Ismael also was charged in 19 cocaine distribution counts, 21 U.S.C. 841(a)(1);…
Date: September 30, 2013
Docket Number: 12-3669
Justia Opinion Summary: Perez worked for a gasoline and convenience store, 2005-2009, and was working as the store manager when she sold herself about $127 worth of candy bars for $12. She was fired for failure to “control cash and/or…
Date: September 30, 2013
Docket Number: 13-1827
Date: September 26, 2013
Docket Number: 12-3013
Justia Opinion Summary: Jin, a naturalized American citizen of Chinese origin, with a bachelor’s degree in physics from a Chinese university and master’s degrees in physics and computer science from American universities, was employed as a…
Date: September 24, 2013
Docket Number: 12-3864
Justia Opinion Summary: Police responded to an anonymous 911 call reporting a group of 25 people acting loudly and displaying hand guns in a parking lot, but actually found a smaller group of individuals, none of whom appeared to be acting…
Date: September 20, 2013
Docket Number: 13-1432
Date: September 19, 2013
Docket Number: 11-3706
Justia Opinion Summary: Fallon purchased a one‐way train ticket from Chicago to Seattle, causing DEA Agent Romano to suspect that Fallon might be a drug courier. Romano approached Fallon, who provided identification with an out-of-date address…
Date: September 13, 2013
Docket Number: 12-2019
Justia Opinion Summary: Baugh suffered severe brain injury when the Cuprum ladder he was using to clean his gutters collapsed. In a suit, alleging defective design and negligence, there were no eyewitnesses, and, because of the injury, Baugh…
Date: September 12, 2013
Docket Number: 10-3150
Justia Opinion Summary: Bolton was convicted of first degree murder for a 1994 shooting. On appeal, Bolton argued insufficient evidence; ineffective assistance of counsel for failing to join a stipulation between the state and a co‐defendant…
Date: September 11, 2013
Docket Number: 12-3018
Justia Opinion Summary: Madden had almost reached the railroad crossing when her car stalled. She re‐started it and drove onto the crossing; the car stalled again. The crossing gates began to descend, the warning lights began flashing, and the…
Date: September 10, 2013
Docket Number: 12-1719
Justia Opinion Summary: Hernandez pleaded guilty to conspiracy to possess with intent to distribute cocaine, 21 U.S.C. 846, and two counts of possession with intent to distribute cocaine, 21 U.S.C. 841(a)(1). At sentencing, the district court…
Date: September 10, 2013
Docket Number: 12-2962
Justia Opinion Summary: While executing a search warrant, police found illegal drugs and a firearm in Scott’s home. Scott was indicted for two drug offenses and two firearms offenses. The affidavit submitted to obtain the warrant described two…
Date: September 10, 2013
Docket Number: 13-8018
Justia Opinion Summary: The defendants, affiliated companies, owned ATMs in Indianapolis bars that were popular with college students. Plaintiffs filed a purported class action, based on violation of the Electronic Funds Transfer Act, 15 U.S.C.…
Date: September 9, 2013
Docket Number: 12-1980
Justia Opinion Summary: In 1981, Hooper was convicted of three murders and sentenced to death. The Supreme Court of Illinois affirmed, but ordered a new penalty trial. That trial ended in another capital sentence, which was affirmed. State…
Date: September 6, 2013
Docket Number: 11-3018
Justia Opinion Summary: Gray’s friend Johnson offered to act as co‐borrower to help Gray buy a house, if Gray promised that she would only be on the loan as a co‐borrower for two years. In return, Johnson received a finder’s fee from the…
Date: September 6, 2013
Docket Number: 12-1155
Justia Opinion Summary: In 1999 Brooks, an assembly-line operator for Prairie Packaging, was seriously injured on the job and lost his left hand, wrist, and forearm. He filed a workers’ compensation claim seeking recovery for permanent and…
Date: September 6, 2013
Docket Number: 12-2458
Justia Opinion Summary: Evansville police received a tip that Hodge had sent text messages containing sexually explicit images of Hodge and a child. Under questioning, Hodge identified himself in the images. Police seized a computer and data…
Date: September 6, 2013
Docket Number: 12-2463
Justia Opinion Summary: After the mutual funds, known as the Lancelot or Colossus group, folded in 2008, the trustee in bankruptcy filed independent suits or adversary actions seeking to recover from solvent third parties, including the Funds’…
Date: September 6, 2013
Docket Number: 12-2466
Justia Opinion Summary: Eads, age 26, was charged with possession and distribution of child pornography and tampering with a potential witness. The district court cautioned him, but he chose to represent himself and stipulated that the images…
Date: September 6, 2013
Docket Number: 12-3024
Justia Opinion Summary: Weigle and Moore were experienced mechanics employed by Truckers 24‐Hour in Indianapolis; they undertook a job to rebuild the braking system on a semi‐truck trailer. The trailer somehow moved as both were working…
Date: September 6, 2013
Docket Number: 12-3512
Justia Opinion Summary: After the mutual funds, known as the Lancelot or Colossus group, folded in 2008, the trustee in bankruptcy filed independent suits or adversary actions seeking to recover from solvent third parties, including the Funds’…
Date: September 5, 2013
Docket Number: 12-1413
Justia Opinion Summary: The FBI obtained court orders for wiretaps on two of Atkins’s phones and began recording his telephone conversations. Agents intercepted several calls between Atkins and Claybrooks, concerning the details of various…
Date: September 5, 2013
Docket Number: 13-2420
Justia Opinion Summary: The inmate filed suit against prison officials under 42 U.S.C. 1983 for using excessive force on multiple occasions. The trial court dismissed. He sought an order that he be given the trial transcript for free, to aid…
Date: September 4, 2013
Docket Number: 11-3822
Justia Opinion Summary: After being rejected for a mortgage because Hall had a bankruptcy and their joint income was too low, Hall and Phillips applied with Bowling, a mortgage broker, under the “stated income loan program.” Bowling prepared an…
Date: August 30, 2013
Docket Number: 12-2383
Justia Opinion Summary: Wilson worked as an admissions representative, recruiting students to enroll in CEC’s culinary arts college. CEC admissions representatives worked under a contract that gave them a bonus for each student they recruited,…
Date: August 30, 2013
Docket Number: 12-3596
Justia Opinion Summary: ATF agent Foreman investigated Wiseman’s purchase of eight handguns at Indiana outdoor‐gear retail stores. Wiseman told Foreman that she purchased the guns for Ghiassi, who was prohibited from possessing firearms because…
Date: August 30, 2013
Docket Number: 13-1256
Justia Opinion Summary: Wiza was staking out a parking lot, to arrest Johnson for an attack at a bar and as a suspect in a recent shooting. A van known to be associated with Johnson arrived. Johnson exited the vehicle with Carthans; Wiza…
Date: August 29, 2013
Docket Number: 12-3041
Justia Opinion Summary: Laskin worked for Jefco from 1966-1974 and participated in the company pension plan, accumulating a fully vested retirement account balance of $5,976.09. Soon after she left the company Laskin contacted Siegel, a trustee…
Date: August 29, 2013
Docket Number: 12-3099
Justia Opinion Summary: Aponte sued four officers under 42 U.S.C. 1983 for a search in violation of the Fourth Amendment. He brought one claim against each officer for unreasonably executing a warrant, and one against each for failing to…
Date: August 29, 2013
Docket Number: 12-3153
Justia Opinion Summary: Laskin worked for Jefco from 1966-1974 and participated in the company pension plan, accumulating a fully vested retirement account balance of $5,976.09. Soon after she left the company Laskin contacted Siegel, a trustee…
Date: August 28, 2013
Docket Number: 12-3671
Justia Opinion Summary: After researching qui tam actions and meeting with an attorney, Dr. Watson placed an ad in a Sheboygan newspaper soliciting minor Medicaid patients who had been prescribed certain psychotropic medications. The ad…
Date: August 28, 2013
Docket Number: 12-3858
Justia Opinion Summary: Salim, an Indonesian citizen of Chinese ethnicity and Christian faith, claims that while living in Indonesia as a teenager, he endured ongoing harassment from Muslim students at nearby public schools because of his…
Date: August 27, 2013
Docket Number: 12-1632
Justia Opinion Summary: Iacona worked as a process server for D&L, an investigation service owned by Clymer and agreed to purchase the business. Clymer structured the arrangement so that she would retain ownership of the business while Iacona…
Date: August 27, 2013
Docket Number: 12-1930
Justia Opinion Summary: After a search of Medina’s garage revealed 9.5 kilograms of cocaine, packaging materials, $124,124 in cash, and $51,890 worth of jewelry, Medina pled guilty to conspiracy to distribute cocaine and possession of cocaine…
Date: August 27, 2013
Docket Number: 12-2738
Justia Opinion Summary: After a collision, the driver of the struck vehicle chased the fleeing vehicle (Chandler), who turned into a dead-end alley. Rhodes, accompanied by Bridewell, Manuel, and Watkins, pulled up behind him and confronted…
Date: August 26, 2013
Docket Number: 11-1123
Justia Opinion Summary: Before its 2007 bankruptcy, Sentinel was an investment manager. Its customers were not typical investors; most were futures commission merchants (FCMs), which operate in the commodity industry like to the securities…
Date: August 26, 2013
Docket Number: 11-3188
Justia Opinion Summary: Attorney Turza sent out a fax, titled the “Daily Plan-It,” containing business advice. The fax was sent to CPAs who were not Turza’s clients, about every two weeks. The Telephone Consumer Protection Act of 1991, 47…
Date: August 26, 2013
Docket Number: 11-3275
Justia Opinion Summary: Bond was shot three times by her husband, who then killed himself. She survived and filed suit under 42 U.S.C. 1983, acknowledging that the state is not obliged to protect residents from crime but arguing that when the…
Date: August 26, 2013
Docket Number: 12-2652
Justia Opinion Summary: The Tax Court found that in 2003 Rogers and his wife failed without justification to report $984,655 of taxable income attributable to income of PPI, an S corporation wholly owned by Rogers, and to a distribution that he…
Date: August 26, 2013
Docket Number: 12-3370
Justia Opinion Summary: The Tax Court upheld the IRS’ disallowance of losses claimed by various LLCs that had been created by a tax attorney as tax shelters and a 40 percent penalty for a “gross valuation misstatement,” 26 U.S.C. 6662(a). An…
Date: August 26, 2013
Docket Number: 12-3598
Justia Opinion Summary: Mach operates an Illinois underground coal mine, using the “longwall” method, which begins with drilling tunnels for ventilation and access. A machine then shears coal from the wall and transports it out of the mine.…
Date: August 23, 2013
Docket Number: 12-2142
Justia Opinion Summary: Hacha and his wife, Solano, extorted money from Solano’s former boyfriend, Tenorio. Hacha told Tenorio that he had kidnapped Solano and her children and would harm them and would harm Tenorio and Tenorio’s parents unless…
Date: August 23, 2013
Docket Number: 12-3235
Date: August 23, 2013
Docket Number: 12-3241
Date: August 23, 2013
Docket Number: 12-3281
Date: August 23, 2013
Docket Number: 12-3292
Date: August 23, 2013
Docket Number: 13-1052
Date: August 23, 2013
Docket Number: 13-1055
Date: August 23, 2013
Docket Number: 13-1056
Date: August 23, 2013
Docket Number: 13-1060
Date: August 23, 2013
Docket Number: 13-1433
Date: August 23, 2013
Docket Number: 13-1435
Justia Opinion Summary: When a Cook County, Illinois property owner fails to timely pay property, the amount of tax past due becomes a lien on the property. The county sells tax liens at auctions, with bids stated as percentages of the taxes…
Date: August 23, 2013
Docket Number: 13-1449
Date: August 23, 2013
Docket Number: 13-1450
Date: August 23, 2013
Docket Number: 13-8015
Justia Opinion Summary: Representing a class of truck owner-operators, Walker sued Trailer Transit, a broker of trucking services, for breach of contract in Indiana state court. Trailer Transit removed the suit to federal court under the Class…
Date: August 22, 2013
Docket Number: 12-1212
Justia Opinion Summary: During the 1970s and 1980s, American Agri‐Corp organized several limited partnerships, for which the company served as general partner. American solicited high‐income individuals to serve as limited partners, investing…
Date: August 22, 2013
Docket Number: 12-8030
Justia Opinion Summary: Buyers of Sears washing machines complained of a defect that causes mold, others complained of a control unit defect that stops the machine inopportunely. The district court denied certification of the class complaining…
Date: August 21, 2013
Docket Number: 11-3086
Justia Opinion Summary: Camarena, a Mexican citizen, was admitted to the U.S. for permanent residence in 1977, at age 10. He did not become a citizen. After a felony conviction for indecent solicitation of a minor, his permanent-residence…
Date: August 21, 2013
Docket Number: 12-1349
Justia Opinion Summary: After entry of a judgment of $650,000 in the Northern District of Texas as a sanction for failure to engage in discovery, Sharif filed for Chapter 7 bankruptcy in the Northern District of Illinois. WIN, a judgment…
Date: August 21, 2013
Docket Number: 12-2091
Justia Opinion Summary: Safety National sold an excess liability insurance policy to TKK, to cover excess losses resulting from liability imposed “by the Workers’ Compensation or Employers’ Liability Laws” of Illinois. The widow of a former TKK…
Date: August 21, 2013
Docket Number: 12-2848
Date: August 21, 2013
Docket Number: 12-3116
Justia Opinion Summary: In 2009, a political blog and a Chicago television station began reporting that Illinois State Rep. Froehlich offered his constituents reductions in county property taxes in exchange for political favors. The reports…
Date: August 21, 2013
Docket Number: 12-3294
Justia Opinion Summary: Scottie Pippen won six championship rings with the Chicago Bulls and was named to the National Basketball Association’s list of the 50 greatest players in its history. Since he retired in 2004, he has lost much of the…
Date: August 20, 2013
Docket Number: 12-2357
Justia Opinion Summary: In 2005, 10‐year‐old “Jessica” reported that she had been sexually assaulted by a man named “Ron” several years earlier. Based on her description, where she lived at the time, and the sleeping arrangements of the home,…
Date: August 20, 2013
Docket Number: 12-2709
Justia Opinion Summary: Okoro was arrested without a warrant on suspicion of a misdemeanor property crime. For unknown reasons, Okoro never received a “Gerstein hearing” to determine probable cause during his two months of incarceration. Okoro,…
Date: August 19, 2013
Docket Number: 11-1757
Justia Opinion Summary: Cooney divorced; she obtained sole custody of their sons. Later, her ex‐husband petitioned for change of custody. A court‐appointed expert diagnosed Cooney as having Munchausen Syndrome by Proxy, in which a person…
Date: August 19, 2013
Docket Number: 12-3121
Justia Opinion Summary: Norman Green was convicted of first-degree murder. While an inmate, Green decided to adopt a spiritual name: Prince Atum-Ra Uhuru Mutawakkil. Atum-Ra was an Egyptian deity representing a fusion of the gods Atum and Ra;…
Date: August 16, 2013
Docket Number: 08-1641
Justia Opinion Summary: In 1999 Obriecht was convicted of attempted second‐degree sexual assault of a child, five counts of fourth‐degree sexual assault and one count of disorderly conduct and sentenced to seven years’ imprisonment and…
Date: August 16, 2013
Docket Number: 11-3655
Justia Opinion Summary: Boika, a Belarusian citizen, entered the U.S. legally in 2006, but overstayed. At her removal proceedings, she applied for asylum under 8 U.S.C. 1158, withholding of removal under 8 U.S.C. 1231(b)(3), and relief pursuant…
Date: August 16, 2013
Docket Number: 12-3342
Justia Opinion Summary: Baxter’s Colleague Infusion Pump, an electronic device used to deliver intravenous fluids to patients, was known to have a range of defects. The FDA sent Baxter warning letters. Baxter’s response was not satisfactory. In…
Date: August 16, 2013
Docket Number: 12-3571
Justia Opinion Summary: Frey has owned the Peoria commercial property, which contains a shopping center, for more than 40 years, without prior incident. In 2009, a tenant, ShopRite, was found to be illegally selling Viagra without a licensed…
Date: August 16, 2013
Docket Number: 12-3726
Justia Opinion Summary: Evans, convicted of being a felon in possession of a firearm, 18 U.S.C. 922(g)(1) and 924(a)(2), and of possessing cocaine and marijuana with intent to distribute it, 21 U.S.C. 841(a)(1), (b)(1)(C), and (b)(1)(D), was…
Date: August 16, 2013
Docket Number: 12-3768
Justia Opinion Summary: Healix and HHI compete in the business of infusion therapy services: administration of substances such as pharmaceuticals intravenously or by any method other than ingestion. Some medical care providers offer these…
Date: August 16, 2013
Docket Number: 13-1009
Justia Opinion Summary: The Seventh Circuit previously held that Kaufman’s request to form an atheist prison study groups must be treated as a request for a “religious” group rather than a nonreligious activity group. Kaufman was later moved to…
Date: August 15, 2013
Docket Number: 11-1837
Justia Opinion Summary: Simon is a CPA, a professor of accounting, and an entrepreneur “whose business dealings require a flowchart to unravel” and included managing three foreign companies. For tax years 2003 through 2006, the Simon family…
Date: August 15, 2013
Docket Number: 12-2765
Justia Opinion Summary: Kirklin asked Jones whether she wanted to help rob a bank. Kirklin promised it would be “easy,” showed her two firearms he had stashed in his van, and Jones agreed to participate. They were caught. A jury convicted…
Date: August 15, 2013
Docket Number: 12-2969
Justia Opinion Summary: The Wisconsin DNR decided to terminate a separate Pollutant Discharge Elimination System (WPDES) permit for Flambeau’s mining operation and to regulate Flambeau’s storm water discharge under its mining permit, allowing…
Date: August 15, 2013
Docket Number: 12-3434
Date: August 14, 2013
Docket Number: 11-2187
Justia Opinion Summary: Volpentesta owned and operated a construction business and used the company to defraud customers, investors, subcontractors, and the government. Charged with six counts of mail and wire fraud and 17 counts of federal tax…
Date: August 14, 2013
Docket Number: 12-2101
Justia Opinion Summary: Rosen, as owner of Kully Construction, submitted a development plan to the city of East St. Louis for a $5,624,050 affordable housing project to be constructed with a combination of private and public funds: $800,000 in…
Date: August 14, 2013
Docket Number: 12-2339
Justia Opinion Summary: A class of Motorola investors claimed that, during 2006, the firm made false statements to disguise its inability to deliver a competitive mobile phone that could employ 3G protocols. When the problem became public, the…
Date: August 13, 2013
Docket Number: 12-1665
Justia Opinion Summary: Pouhova is a Bulgarian citizen who entered the U.S. on a student visa in 1999. She overstayed her visa, married a U.S. citizen and applied for an adjustment of status. She was charged as removeable for assisting an alien…
Date: August 12, 2013
Docket Number: 12-2743
Justia Opinion Summary: Brown was convicted of conspiracy to distribute cocaine and sentenced to nearly 25 years in prison. The Seventh Circuit affirmed, rejecting Brown’s claim that he was only a customer to his suppliers, not a co-conspirator…
Date: August 12, 2013
Docket Number: 12-3204
Justia Opinion Summary: Neri designed a glass sculpture that Architectural Building Arts (ABA) installed in the ceiling of the entrance to Hughes’s Madison condominium. Sager designed lighting for the area. With Hughes’s consent, Ferguson took…
Date: August 12, 2013
Docket Number: 13-1002
Justia Opinion Summary: Belbachir, an Algerian citizen, 27 years old, entered the U.S. as a visitor in 2004. She overstayed and, in 2005, flew from Chicago to England, where immigration authorities returned her to Chicago. She was placed in the…
Date: August 9, 2013
Docket Number: 11-1989
Justia Opinion Summary: Petitioner, using a fake Italian passport, came to the U.S. in 2002, at age 23. Less than a year later, she applied for asylum and withholding of removal, claiming that she feared returning to Albania because, as a…
Date: August 9, 2013
Docket Number: 12-1374
Justia Opinion Summary: A child services case worker and detectives went to the home Hurlow shared with his fiancée, Funk, to check on Funk’s children. Hurlow claims that he requested that they leave unless they had a search warrant; the…
Date: August 9, 2013
Docket Number: 12-1500
Justia Opinion Summary: Bates, a black firefighter, joined the Chicago Fire Department in 1977 and rose through the ranks. In 2000, Fire Commissioner Joyce appointed Bates to one of seven District Chief positions. A District Chief is a member…
Date: August 9, 2013
Docket Number: 12-2630
Justia Opinion Summary: Kennedy pleaded guilty to mail fraud, 18 U.S.C. 1341, wire fraud, 18 U.S.C. 1343, and threatening an informant, 18 U.S.C. 1513(b), for his role in a scheme to sell counterfeit art online and at art shows. At sentencing…
Date: August 9, 2013
Docket Number: 12-3067
Justia Opinion Summary: Participants in a cash balance defined benefit pension plan filed a purported class action, alleging that the plan violated ERISA, 29 U.S.C. 1132(a)(1)(B), and seeking recovery of benefits denied the participants as a…
Date: August 9, 2013
Docket Number: 12-3207
Justia Opinion Summary: Hester, a white male, began working for the Department’s laboratory in 1994. In 2007 he was reprimanded for failing to timely report test results. Hester later applied for promotion. Liu interviewed him, but chose…
Date: August 9, 2013
Docket Number: 12-3725
Justia Opinion Summary: After Newman, then 16 years old, turned himself in to police and was arrested, his mother told Newman’s attorney that her son was a “special child” who attended a “school for the handicapped, the mental school.” She gave…
Date: August 8, 2013
Docket Number: 11-3860
Justia Opinion Summary: Greenblatt, the “bad boy of Chicago arbitrage” became involved in litigation concerning use of his “web of corporations,” including Loop Corporation and Banco. In 2000, Banco extended a $9.9 million line of credit in…
Date: August 8, 2013
Docket Number: 12-2561
Justia Opinion Summary: Johnson, an African-American woman, was employed at Koppers’ plant from 1995 until her termination in 2008. She had been disciplined for sleeping at her desk in the laboratory, for smoking in the lunch room, for not…
Date: August 8, 2013
Docket Number: 12-2698
Justia Opinion Summary: Bank of America lost approximately $34 million when the Knight companies went bankrupt. BOA sued, claiming that Knight’s directors and managers looted the firm and that its accountants failed to detect the embezzlement.…
Date: August 8, 2013
Docket Number: 13-2243
Justia Opinion Summary: Carter, an Illinois prison inmate, sought habeas corpus under 28 U.S.C. 2254. His petition was transferred to Illinois in June, 2010. On December 5, having heard nothing about the status of his case, Carter inquired. The…
Date: August 7, 2013
Docket Number: 12-3736
Justia Opinion Summary: Plaintiffs claim that Lockheed breached its fiduciary duty to its retirement savings plan, under the Employee Retirement Income Security Act, 29 U.S.C. 1132(a)(2). The Plan is a defined-contribution plan, (401(k));…
Date: August 7, 2013
Docket Number: 13-1054
Justia Opinion Summary: Part of Crosby’s finger was amputated while using a “kicking method” of removing metal from bundles. His employer, Cooper, discouraged that method as dangerous. Crosby claimed medical and temporary total disability…
Date: August 6, 2013
Docket Number: 12-2372
Justia Opinion Summary: Papazoglou, a citizen of Greece, entered the U.S. on a visitor’s visa in 1986. In 1987, he married a U.S. citizen, Hariklia, and adjusted his status to lawful permanent resident in 1990. He has four children. In 2008,…
Date: August 5, 2013
Docket Number: 11-3449
Justia Opinion Summary: The Kivers retained C&T, an Illinois law firm, to prepare trusts to benefit their daughters, Diane and Maureen, among others. Maureen and Diane each served as trustee of various trusts. Maureen died in 2007. Her husband,…
Date: August 5, 2013
Docket Number: 12-3611
Justia Opinion Summary: Canadian immigration officers refused to allow Margulis to “enter” Canada, but when he attempted to return, U.S. customs officers discovered that he had a criminal record and placed him in removal proceedings under 8…
Date: August 2, 2013
Docket Number: 12-2562
Justia Opinion Summary: In December, 2005, Chicago police officers Malaniuk and Shields arrested then-14-year-old Barber. Barber claims that the arrest was without probable cause and that Malaniuk used excessive force in shoving him into a…
Date: August 2, 2013
Docket Number: 12-2811
Justia Opinion Summary: From 2006 until he was fired in 2011, Chrzanowski was an assistant state’s attorney. In 2011, a special prosecutor began investigating Chrzanowski’s boss, Bianchi. Bianchi allegedly had improperly influenced cases…
Date: August 2, 2013
Docket Number: 12-2818
Justia Opinion Summary: Six-year-old D.B. and five-year-old twins C.C. and her brother W.C., were “playing doctor” in D.B.’s backyard when the twins’ mother arrived. She interpreted D.B.’s conduct as a sexual assault of her daughter and…
Date: August 2, 2013
Docket Number: 12-2882
Justia Opinion Summary: Reyes, a citizen of Mexico, entered the U.S. in 1979 and was granted lawful permanent resident status in 1989. In 1993, he pled guilty to two felony counts of aggravated sexual abuse of a minor. He was sentenced to six…
Date: August 2, 2013
Docket Number: 12-2984
Justia Opinion Summary: Stollings lost his index finger and portions of other fingers in a table saw accident and sued Ryobi, the saw’s manufacturer, alleging defective design because it failed to equip the saw with either a riving knife, a…
Date: August 2, 2013
Docket Number: 12-3406
Justia Opinion Summary: KME and GTT are competitors in the specialized market for devices that permit emergency vehicles to send a signal that preempts traffic lights and allows the vehicle to pass through an intersection with, rather than…
Date: August 2, 2013
Docket Number: 12-3924
Justia Opinion Summary: Health and Hospital Corporation of Marion County, Indiana is a municipal corporation that operates a major hospital and other facilities, including a health center operated in partnership with Citizens Health to serve…
Date: August 2, 2013
Docket Number: 13-1547
Justia Opinion Summary: Gary and Deborah divorced in 2003 and agreed to a marital settlement. Gary purchased an annuity, to pay him $200 per month until his death; the settlement required him to pay her “$200 per month…in lieu of her interest…
Date: August 1, 2013
Docket Number: 11-2666
Justia Opinion Summary: McGee was convicted of rape, home invasion, aggravated battery, and burglary, and was incarcerated in Illinois from 1980 until 2005, when, pursuant to the Sexually Violent Persons Commitment Act, 725 ILCS 207/1, he was…
Date: August 1, 2013
Docket Number: 11-2734
Justia Opinion Summary: Stokes was a public school teacher for more than 10 years. In 2000, he pleaded no contest to a charge of misdemeanor battery for indecently touching two boys who were his students. Stokes was sentenced to probation, with…
Date: August 1, 2013
Docket Number: 11-3303
Justia Opinion Summary: Weddington was convicted in two separate Indiana state trials of four counts of rape, two counts of criminal confinement, one count of criminal deviate conduct, and one count of robbery. He was sentenced to 133 years’…
Date: August 1, 2013
Docket Number: 12-1718
Justia Opinion Summary: Hurt was a retail seller of crack cocaine, assisted by Holcomb and Clardy. The government, led to the group by a customer (Pickett), believed that Lee was one of Hurt’s suppliers. Controlled purchases, along with…
Date: August 1, 2013
Docket Number: 12-2032
Justia Opinion Summary: Four upper-level managers at Tradesmen, a construction staffing company, formed a competing company in 2009. Tradesmen filed suit alleging breach of contract, misappropriation of trade secrets and confidential…
Date: August 1, 2013
Docket Number: 12-2435
Justia Opinion Summary: Stinefast delivered a compact disc full of child pornography to an FBI informant; he was arrested and his home was searched. Agents discovered Stinefast’s collection of more than 190,000 images of child pornography,…
Date: August 1, 2013
Docket Number: 12-2541
Justia Opinion Summary: DeGuelle, an accountant, worked from 1997 to 2009 in the tax department of S.C. Johnson & Son. He alleges that during his employment he discovered that the company had committed tax fraud. The company fired him. He took…
Date: August 1, 2013
Docket Number: 12-2658
Justia Opinion Summary: The Lippert tile installation business employs union workers. Some customers require or prefer union workers for tile installation projects, but others prefer nonunion labor. In 2004 the Lipperts created a new tile…
Date: August 1, 2013
Docket Number: 12-2769
Justia Opinion Summary: Davis was convicted of three Milwaukee-area bank robberies, 18 U.S.C. 2113(a). Four robberies were committed in a similar fashion and surveillance photos also suggested that the robberies had been committed by the same…
Date: August 1, 2013
Docket Number: 12-3023
Justia Opinion Summary: Abdoulaye, a citizen of Niger, entered the U.S. on a nonimmigrant visa in 2002 and, several months later, sought asylum, withholding of removal, 8 U.S.C. 1231 and protection under the Convention Against Torture, claiming…
Date: August 1, 2013
Docket Number: 12-3348
Justia Opinion Summary: In 2007, Williams was pulled over for allegedly running a stop sign. Because he had no proof of insurance, he and his car were taken to a Chicago police station. The next day, officers approached Williams on the street…
Date: August 1, 2013
Docket Number: 12-3447
Justia Opinion Summary: Hill, an African American, began working for the General Services Administration in 2008 through the Federal Career Intern Program. Realizing that his Master’s degree entitled him to a higher pay rate, he filed a…
Date: August 1, 2013
Docket Number: 12-3561
Justia Opinion Summary: Yasinskyy, a Ukrainian citizen came to the U.S. in 2007 with an H-2B nonimmigrant visa, sponsored by a New York company for work as a temporary employee at a grocery store, 8 U.S.C. 1101(a)(15)(H); 8 C.F.R. § 214.2(h).…
Date: August 1, 2013
Docket Number: 12-3589
Justia Opinion Summary: SVT hired Morgan, an African-American, to work as a security guard at one of its Ultra grocery stores. Morgan had previously worked security for a grocery store that previously occupied the location and at Home Depot.…
Date: August 1, 2013
Docket Number: 12-3704
Justia Opinion Summary: Reynolds acquired Pactiv in 2010 under an agreement that calls for severance pay to any non‐union employee terminated without cause, within a year, as a result of the acquisition. Pactiv established a severance‐pay plan…
Date: August 1, 2013
Docket Number: 12-3884
Justia Opinion Summary: abiu worked as a bank teller, 2003-2007. He searched account records for account holders with balances exceeding $100,000, then stole their information and, along with codefendants, compromised that information to divert…
Date: July 31, 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 and pleaded guilty to violent assault with a weapon that inflicted…
Date: July 31, 2013
Docket Number: 11-1501
Justia Opinion Summary: Third Site is a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) site that was part of a larger area, under common ownership by the Bankerts, used for recycling industrial wastes. Cleanup…
Date: July 31, 2013
Docket Number: 12-1840
Justia Opinion Summary: Allen suffered a fatal heart attack in 2009, leaving a wife of three years, Arlene, and three adult children from a previous marriage. At the time of Allen’s death, his daughter and her children lived with Allen and…
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