2016 Seventh Circuit US Court of Appeals Case Law
Opinions 1001 - 1139 of 1139
Date: February 22, 2016
Docket Number: 15-2334
Justia Opinion Summary: Mohit and Ankush Seghal filed an I-130 petition seeking lawful permanent resident status for Mohit, who is a citizen of India, as the husband of Ankush, who is a U.S. citizen. The petition was denied Mohit had tried…
Date: February 22, 2016
Docket Number: 15-2352
Justia Opinion Summary: Stark worked at GM for over 10 years as a yard driver. Her back pain started in 2000, when she underwent her first of three surgeries. She has been diagnosed with degenerative disc disease, nerve root irritation,…
Date: February 19, 2016
Docket Number: 15-1188
Justia Opinion Summary: Campbell bought a stranger’s social security number, went to the Indiana Bureau of Motor Vehicles and obtained a new license, then opened three lines of credit and purchase a vehicle. After an FBI investigation, Campbell…
Date: February 19, 2016
Docket Number: 15-2046
Justia Opinion Summary: Musa, a citizen of Botswana, entered the U.S. in 2008 on a visitor’s visa. She met a U.S. citizen and they married. Musa’s husband filed an I‐130 “alien relative” petition on her behalf, and Musa applied at the same time…
Date: February 18, 2016
Docket Number: 15-2540
Justia Opinion Summary: Indiana law forbids using a device to “text” or email while operating a vehicle, but allows other uses of a cell phone. A police officer, passing a car on an interstate highway, saw that the driver was holding a…
Date: February 17, 2016
Docket Numbers: 14-3470, 14-3462
Justia Opinion Summary: In 2011, Bell and Dixon were cellmates in the Terre Haute Federal Penitentiary. Video recorded on June 18, 2011, showed the two entering inmate Pendleton's cell, then leaving and depositing clothing into a trash can. An…
Date: February 17, 2016
Docket Number: 14-3810
Justia Opinion Summary: The defendant pleaded guilty to conspiracy to possess an illegal drug intending to distribute it, 21 U.S.C. 846, 841, and to possession of a firearm for use in his drug trafficking, 18 U.S.C. 924(c)(1)(A)(i). He was…
Date: February 17, 2016
Docket Number: 15-1318
Justia Opinion Summary: In 2009-2011, Callahan frequently drove a taxicab in Chicago. She does not own a cab, nor does she own a medallion that represents the city’s permission to operate a taxi. She leased both from owners by the week, day, or…
Date: February 17, 2016
Docket Number: 15-1419
Justia Opinion Summary: Diagnosed with laryngeal cancer in 2003, Glisson underwent surgery that removed his larynx, part of his pharynx, portions of his mandible and 13 teeth. The surgery left him with a permanent opening in his throat, with a…
Date: February 17, 2016
Docket Number: 15-1828
Justia Opinion Summary: Two shareholders brought a shareholder derivative suit against the directors of an Indiana company, Biglari Holdings, that owns two restaurant chains, Western Sizzlin’ and Steak ‘n Shake, which operate some restaurants,…
Date: February 17, 2016
Docket Number: 15-2333
Justia Opinion Summary: Plaintiff’s 1998 dislocation of a kneecap required implantation of a steel plate; a year later a shattered femur required implantation of a steel rod from hip to knee. In 2011, he fractured an ankle. A podiatrist…
Date: February 17, 2016
Docket Number: 15-2740
Justia Opinion Summary: Lacy was indicted for distribution of heroin, 21 U.S.C. 841(a). With prior drug convictions, Lacy faced a maximum term of incarceration of 30 years. Lacy pled guilty and waived his appeal rightts. The government agreed…
Date: February 16, 2016
Docket Number: 14-3705
Justia Opinion Summary: In 2007 Pickett, a nursing home housekeeper, filed claims under Title VII of the Civil Rights Act, alleging that residents sexually harassed her and that Sheridan fired her for complaining. Sheridan won summary judgment…
Date: February 11, 2016
Docket Number: 15-1580
Justia Opinion Summary: Rosales pleaded guilty to a charge that he conspired to possess, with intent to distribute, 500 grams or more of cocaine, and was sentenced to a term of 120 months in prison. The Seventh Circuit affirmed the sentence,…
Date: February 11, 2016
Docket Number: 15-2339
Justia Opinion Summary: Maxfield was searched by law officers who discovered more than 100 pseudoephedrine pills and half a gram of methamphetamine; their search of his motel room revealed other items used to make methamphetamine. He admitted…
Date: February 10, 2016
Docket Number: 15-1278
Justia Opinion Summary: Spitzer pleaded guilty to 10 counts of mail fraud, based on a scheme that took in $106 million, which Spitzer promised to invest for clients. Less than $30 million was invested. The remainder was used to pay earlier…
Date: February 9, 2016
Docket Number: 15-1403
Justia Opinion Summary: The defendant pleaded guilty to conspiracy to distribute an illegal drug, 21 U.S.C. 846, 841(a), and was sentenced to 114 months in prison, below the career offender guidelines range of 151 to 188 months. His career…
Date: February 9, 2016
Docket Number: 15-1837
Justia Opinion Summary: Stage slipped two discs while working in a factory in 1985. She continued working. Her pain became more severe. By 2007, she had been diagnosed with arthritis in her back, hips, left leg, and shoulders; spinal…
Date: February 9, 2016
Docket Number: 15-2558
Justia Opinion Summary: Stern posted an ad, “Coach Seeking Boy” in the “Men Seeking Men” section of Craigslist. An undercover police officer posed as a 14‐year‐ old boy, “Peter,” to communicate with Stern via e‐mail and Myspace. Peter…
Date: February 8, 2016
Docket Number: 12-1581
Justia Opinion Summary: Since 2001 Hoyt has owned a 40-acre lot (with a cabin) in a heavily forested region in southwestern Indiana. His lot is surrounded by lots owned by others, including a lot owned by the U.S. Forest Service. None will…
Date: February 8, 2016
Docket Number: 14-3549
Justia Opinion Summary: At 3 a.m., inmate Mathison, who suffers from chronic high blood pressure, was awakened by excruciating pain in his chest and left arm and other symptoms of a heart attack. He summoned a guard (Wickman), who summoned…
Date: February 8, 2016
Docket Number: 15-1231
Justia Opinion Summary: Bravo sued Midland for violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692. Midland agreed to forgive two of Bravo’s debts (GE/Lowe’s and Citibank/Sears) as part of a settlement agreement.…
Date: February 5, 2016
Docket Number: 14-1869
Justia Opinion Summary: Trudeau “spent his career hawking miracle cures and self-improvement systems of dubious efficacy.” The FTC sued him under consumer-protection laws. Trudeau entered a consent decree, promising not to misrepresent his…
Date: February 5, 2016
Docket Number: 15-1290
Justia Opinion Summary: In 2011, Solano was indicted on two counts of distributing cocaine and one count of conspiring to obtain and distribute marijuana, 21 U.S.C. 841. Solano pleaded guilty; the government agreed to dismiss one of the cocaine…
Date: February 4, 2016
Docket Number: 14-3585
Justia Opinion Summary: Robinson filed a Chapter 7 bankruptcy petition, seeking to discharge unsecured debt of $23,834.00. Among her scheduled personal property, Robinson listed an “old Morm[o]n bible.” At the creditors’ meeting, the trustee…
Date: February 4, 2016
Docket Number: 15-2001
Justia Opinion Summary: Noboa, while living in Illinois, booked a trip to Mexico by using the Orbitz website. In the lobby of the Barcelo hotel, she booked an eco-tour, operated by Rancho. During the tour, the all-terrain vehicle in which Noboa…
Date: February 3, 2016
Docket Numbers: 14-2977, 14-3573
Justia Opinion Summary: The 1983 Shakman Accord resulted from resolution of political patronage litigation; to eliminate political considerations in employment decisions the city agreed to create and implement a hiring plan to effectuate the…
Date: February 3, 2016
Docket Number: 14-3240
Justia Opinion Summary: In November 2010, Board of Education Chief Area Officer Coates sent Bordelon , the long-tenured principal of the Kozminski Academy, notice of a pre‐discipline hearing based on insubordination in failing to respond to a…
Date: February 3, 2016
Docket Number: 14-3243
Justia Opinion Summary: ALL leased a crane to White Construction. Carson worked for White, providing general maintenance and serving as the “eyes and ears” of crane operator Dowell. Carson and Dowell were told to move the crane to a wind…
Date: February 3, 2016
Docket Number: 15-1411
Justia Opinion Summary: Deets, a white construction worker, worked for MTA on a federally assisted project to build a bridge (the Stan Musial Veteran’s Memorial Bridge) across the Mississippi River. MTA’s collective bargaining agreement defined…
Date: February 3, 2016
Docket Number: 15-2144
Justia Opinion Summary: Jankovic, a citizen of Bosnia and Herzegovina, was admitted to the U.S. as a refugee in 2003 and received permanent residence status in 2005, but was ordered removed on the ground that he obtained that status by fraud.…
Date: February 3, 2016
Docket Number: 15-2492
Justia Opinion Summary: By age 20, McCarroll was running an extensive conspiracy involving the sale of heroin in McCarroll’s southside housing project. A jury found McCarroll guilty of multiple drug-related crimes. At McCarroll’s sentencing in…
Date: February 2, 2016
Docket Numbers: 14-2633, 14-2414
Justia Opinion Summary: In one of two consolidated purported class actions, Baumeister bought a ticket from Lufthansa for flights from Stuttgart to Munich, and then from Munich to San Francisco. The first flight, as indicated on his itinerary,…
Date: February 2, 2016
Docket Number: 15-1868
Justia Opinion Summary: While Latoya was pregnant with Arianna, she received prenatal care during 12 visits at the Will County Community Health Center, which received grant funding from the U.S. Public Health Service, 42 U.S.C. 254b. On…
Date: February 1, 2016
Docket Number: 14-3789
Justia Opinion Summary: In 2014, the IRS issued an administrative summons to Titan, to inspect its 2009 records in connection with an audit of the company’s 2010 tax return. Titan had taken an operating-loss carryforward in the 2010 tax year…
Date: February 1, 2016
Docket Number: 15-2008
Justia Opinion Summary: An informant bought crack from Thompson at the La Crosse apartment where Thompson was staying. The informant was equipped with two hidden audio-video recording devices that captured the transaction. Thompson moved to…
Date: January 29, 2016
Docket Number: 14-3809
Justia Opinion Summary: Stark, an excavation and paving company, typically handles about 250 jobs per year in central and southern Illinois. The Occupational Safety and Health Administration (OSHA) issued Stark several citations at two…
Date: January 29, 2016
Docket Number: 15-3225
Justia Opinion Summary: In 1992 plaintiff, then age 48, was convicted of having sexually assaulted a boy repeatedly for five years beginning when the boy was eight years old. Before his probation expired he was convicted of having (in 1988)…
Date: January 28, 2016
Docket Number: 14-3395
Justia Opinion Summary: Donelson, an Illinois prisoner, lost a year of accumulated good time as punishment for two incidents involving the same guard. He claimed that the deprivation occurred without his having an opportunity to call supporting…
Date: January 28, 2016
Docket Numbers: 14-3721, 14-3744
Justia Opinion Summary: Putnam County, Indiana police officer Smith, with others, pursued Warren, for whom an arrest warrant was outstanding. The police were able to box in Warren's truck with their cars. Warren got out of the cab, jumped onto…
Date: January 28, 2016
Docket Number: 15-2553
Justia Opinion Summary: Clayton and his associates sold drugs and laundered the proceeds for at least two years. He pled guilty to conspiracy to possess with intent to distribute five kilograms or more of cocaine and heroin, 21 U.S.C.…
Date: January 27, 2016
Docket Number: 15-1749
Justia Opinion Summary: Hedeen filed suit, alleging breach of contract and unjust enrichment against OzWest, Inc. and Zing, and against Cummings, the leading shareholder in those companies. Cummings is an Australian citizen who resides in Hong…
Date: January 27, 2016
Docket Number: 15-2224
Justia Opinion Summary: Hampton's contracts with Window World, allowed Hampton to use WW trademarks. WW alerted Hampton that their dealings were subject to the Illinois Franchise Disclosure Act, and that Hampton had 35 days to elect between…
Date: January 26, 2016
Docket Number: 14-3201
Justia Opinion Summary: Sedgwick is a claims management services company. Bagwe, who was born in India, began working in Sedgwick’s Chicago office in 2001. She was promoted to Assistant Manager II in 2005. She was asked to serve as Interim…
Date: January 26, 2016
Docket Number: 15-1545
Justia Opinion Summary: Wilma Stuller and her late husband bred Tennessee Walking Horses. They incorporated the operation and claimed its substantial losses as deductions on their tax returns. The IRS determined that the horse-breeding was not…
Date: January 22, 2016
Docket Number: 15-1594
Justia Opinion Summary: A Wisconsin jury convicted Ramirez of first‐degree intentional homicide in 2003. Ramirez discovered that his interpreter at trial has failed certification tests and has been declared ineligible for state compensation for…
Date: January 21, 2016
Docket Numbers: 13-3847, 14-2214, 14-2215, 13-3533
Justia Opinion Summary: Segal, a lawyer, CPA, and insurance broker, and his company, were indicted for racketeering, mail and wire fraud, making false statements, embezzlement, and conspiring to interfere with operations of the IRS. Convicted…
Date: January 21, 2016
Docket Number: 14-2776
Justia Opinion Summary: VLM, a Montreal-based supplier, sold frozen potatoes to IT in Illinois. After nine successful transactions, IT encountered financial difficulty and failed to pay for the next nine shipments. Invoices sent after delivery…
Date: January 21, 2016
Docket Number: 14-3473
Justia Opinion Summary: After pleading guilty to federal drug crimes in 2001, Neal was sentenced to prison and supervised release. He was released from prison in 2010 but was sent back in 2013 for another 18 months after violating several…
Date: January 21, 2016
Docket Number: 15-1830
Justia Opinion Summary: Fidlar develops software to manage public land records and licenses its software to the counties. Counties contract with users who want access to the records. In 2010, LPS contracted with 82 of Fidlar’s county customers…
Date: January 20, 2016
Docket Number: 12-3401
Justia Opinion Summary: Nelson was driving home one night when, he claims four Chicago police officers in two squad cars pulled him over, pointed a gun in his face, threatened to kill him, handcuffed him, and searched his car for no apparent…
Date: January 20, 2016
Docket Number: 15-1166
Justia Opinion Summary: The Smiths lived in a Joliet home, title to which passed to wife in 2004 as an inheritance. Real estate taxes had gone unpaid in 2000, resulting in a tax lien. At a 2001 auction, SIPI purchased the tax lien and paid the…
Date: January 19, 2016
Docket Number: 14-3276
Justia Opinion Summary: Two men entered a Fort Wayne, Indiana Post Office, put masks over their faces, and walked through the second set of glass doors. Postal worker Weigold spotted them, ran into the office, and called the police. One man…
Date: January 19, 2016
Docket Numbers: 15-1109, 15-1110
Justia Opinion Summary: BeavEx is a same-day delivery service that uses 104 couriers to carry out its customers’ orders throughout Illinois. By classifying its couriers as independent contractors instead of employees, Beav-Ex attempted to avoid…
Date: January 19, 2016
Docket Numbers: 15-1520, 15-1561
Justia Opinion Summary: Rico Speed sold 30 grams of crack to a confidential informant and sold firearms and ammunition to the same informant four times. Indicted on four counts, he pleaded guilty to one count of possessing a firearm as a felon…
Date: January 15, 2016
Docket Numbers: 15-1887, 15-1885
Justia Opinion Summary: Two mothers and their sons alleged that Internet gambling websites owe them the money that the men lost in gambling. An Illinois statute imposes criminal penalties on anyone who “knowingly establishes, maintains, or…
Date: January 13, 2016
Docket Number: 15-1356
Justia Opinion Summary: Sanchez, age 70, pleaded guilty to conspiring to possess with intent to distribute and to distribute heroin and cocaine, 21 U.S.C. 846, 841(a)(1), and was sentenced below-guidelines range to 40 months’ imprisonment.…
Date: January 13, 2016
Docket Number: 15-2165
Justia Opinion Summary: Jaburek, a woman of Mexican descent, began working for the Federal Aviation Administration (FAA) at its Des Plaines, Illinois, office in 1987. After various promotions and raises, followed by reassignment to her earlier…
Date: January 13, 2016
Docket Number: 15-2216
Justia Opinion Summary: Rostran, a Nicaraguan citizen, entered the U.S. illegally in 2006, and decided to stay. He claims to fear that the government of Nicaragua would encourage or condone his being murdered by its supporters because of his…
Date: January 13, 2016
Docket Number: 15-2235
Justia Opinion Summary: Loveless, age 56, applied for Disability Insurance Benefits claiming that he could not work because of a shoulder impairment, diabetes, and pancreatitis. An Administrative Law Judge concluded, however, that Loveless…
Date: January 12, 2016
Docket Number: 14-3805
Justia Opinion Summary: In 1991, Lopez, age 12, illegally entered the U.S. He has not returned to Mexico, although his sister still lives in the neighborhood where he grew up. In 2009, Lopez was charged with dealing and possessing illegal…
Date: January 11, 2016
Docket Number: 14-3074
Justia Opinion Summary: In 2000, Kubiak, a Chicago patrol officer for 14 years, was detailed to the Office of News Affairs, as a media liaison. In 2012, Zala, another media liaison, allegedly ran toward Kubiak, screaming, “Who the fuck do you…
Date: January 11, 2016
Docket Number: 15-1057
Justia Opinion Summary: Plaintiffs, current and former Chicago taxi drivers, paid a “shift fee,” a lease payment that allows the driver to operate one of the defendants’ taxis and earn income. Weekly fees range from $500 to $800 or more.…
Date: January 11, 2016
Docket Number: 15-1286
Justia Opinion Summary: Isunza came to the U.S. from Mexico at age 17 in 1978. His parents were lawfully present in the U.S., but Isunza became a permanent resident through the sponsorship of his wife in 1994. In 1998, he was found guilty of…
Date: January 11, 2016
Docket Number: 15-1732
Justia Opinion Summary: For 20 years Heard has suffered from inguinal hernias in his groin. When Heard’s imprisonment began in 1995, he had been diagnosed with one painful hernia. A second hernia was diagnosed in 2000. Outside physicians…
Date: January 11, 2016
Docket Number: 15-1816
Justia Opinion Summary: In 2003 Tipton Hospital awarded Babchuk medical staff privileges and gave his professional corporation an exclusive contract to provide radiology services. In 2012 Tipton cancelled both his medical privileges and his…
Date: January 8, 2016
Docket Number: 15-1039
Justia Opinion Summary: Sentinel, a cash-management firm, invested customers' cash in liquid low-risk securities. It also traded on its own account, using money borrowed from BNYM, pledging customers’ securities; 7 U.S.C. 6d(a)(2), 6d(b)), and…
Date: January 8, 2016
Docket Number: 15-1831
Justia Opinion Summary: Chen was born in China, in 1976. In 2004, Chen married Feng and they had a daughter. In 2005, the Chinese government appropriated Chen’s farmland, to build an industrial park. Chen was allowed to keep his house and…
Date: January 7, 2016
Docket Number: 15-3667
Justia Opinion Summary: Dawkins pleaded guilty to armed robbery of a bank and was sentenced, as a career offender, to serve 262 months in prison. He challenged the sentence under 28 U.S.C. 2244(b) and 2255(h), citing the 2015 Supreme Court…
Date: January 6, 2016
Docket Numbers: 15-1836, 15-1845
Justia Opinion Summary: After its 2010 merger with Continental Airlines, United Airlines made changes to its frequent‐flier rewards program. In 2014, a member of United’s MileagePlus rewards program claimed that United breached a contract by…
Date: January 5, 2016
Docket Number: 14-2458
Justia Opinion Summary: In 2013, the district court sentenced Poulin to two concurrent 115-month terms of imprisonment followed by concurrent life terms of supervised release after he pled guilty to receipt and possession of child pornography.…
Date: January 5, 2016
Docket Number: 15-1763
Justia Opinion Summary: Officer Brooks conducted a traffic stop of Williams for failing to activate his turn signal prior to changing lanes. Williams did not cooperate with instructions from Brooks and Officer Kehl, which led to a physical…
Date: January 5, 2016
Docket Number: 15-2397
Justia Opinion Summary: Madison, Wisconsin Detective Peterson prepared an affidavit for a warrant to search Slizewski’s car, describing four recent robberies. A search of his rental car revealed a gun in the trunk. Slizewski moved to suppress…
Date: January 4, 2016
Docket Number: 14-3652
Justia Opinion Summary: Brown was arrested after making a controlled purchase of heroin. Police found Brown at his residence with more than 100 grams of heroin, a loaded semi-automatic pistol, drug trafficking items, and more than $4,000 in…
Date: January 4, 2016
Docket Number: 14-3813
Justia Opinion Summary: Hamad owned a Chicago convenience store that store sold cigarettes. The county taxes and regulates the sale of cigarettes and employs inspectors to enforce its ordinance. Hamad’s store was on a list of prior violators.…
Date: January 4, 2016
Docket Number: 15-1867
Justia Opinion Summary: In 2011, Bogina sued under the False Claims Act, 31 U.S.C. 3729, seeking compensation for exposing fraud allegedly perpetrated against the federal government and several state governments. Defendants included a major…
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