2018 Seventh Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1093
Date: December 28, 2018
Docket Number: 18-2269
Justia Opinion Summary: Ronkowski own 120 acres of undeveloped land in Bayfield County, Wisconsin. Since acquiring the property in 1972, Ronkowski has accessed it via an unpaved road that crosses over neighboring land, including land owned by…
Date: December 26, 2018
Docket Number: 17-1362
Justia Opinion Summary: During a traffic stop, Kentucky officers found marijuana and a gun in Sheperd’s car. He pleaded guilty to possession of marijuana with intent to distribute, being a felon in possession of a firearm, and two counts for…
Date: December 26, 2018
Docket Number: 18-1691
Justia Opinion Summary: McHenry, a 49-year-old former hair stylist who suffers from several physical and mental disabilities, challenged the denial of her application for Social Security disability benefits. The ALJ had concluded that, although…
Date: December 26, 2018
Docket Number: 18-2108
Justia Opinion Summary: Fare Foods hired Swyear as an outside sales representative in 2015. Swyear claims Porter (an owner) indicated that she would be the first female outside sales representative and expressed concern regarding her ability to…
Date: December 21, 2018
Docket Number: 18-1005
Justia Opinion Summary: Lee is serving sentences totaling 100 years’ imprisonment. A state judge found that Lee and Manley forcibly abducted L.M., struck and raped L.M., and displayed a pistol to make her more cooperative. L.M. escaped and ran…
Date: December 21, 2018
Docket Number: 18-1046
Justia Opinion Summary: Rogers is a tax lawyer. The Seventh Circuit previously characterized as an “abusive scam” a scheme Rogers implemented for the 2003 tax year. He implemented a similar scheme for later tax years: Rogers forms a partnership…
Date: December 21, 2018
Docket Number: 18-1313
Justia Opinion Summary: After pleading guilty to preparing false tax returns for her clients, 26 U.S.C. 7206(2), Johnson was sentenced to 18 months in prison plus $79,325 in restitution—the amount that Johnson’s clients unlawfully avoided…
Date: December 21, 2018
Docket Number: 18-1528
Justia Opinion Summary: Mars was the getaway driver to an armed robbery by Snyder and Higgins-Vogt. Days later, Mars’s body was found. While in jail on robbery charges, Higgins-Vogt never met with his appointed attorney but requested to meet…
Date: December 21, 2018
Docket Number: 18-2097
Justia Opinion Summary: Ross worked as a coal miner for approximately 30 years. He smoked cigarettes for almost as long but was able to quit after his first heart attack. Ross continued to work as a coal miner even though he suffered another…
Date: December 20, 2018
Docket Number: 17-1727
Justia Opinion Summary: Schmidt admitted to murdering his wife but argued the Wisconsin-law defense of “adequate provocation” to mitigate the crime from first- to second-degree homicide. A state judge held a pretrial hearing on that substantive…
Date: December 19, 2018
Docket Number: 17-1881
Justia Opinion Summary: Dockery was arrested after a domestic dispute at his girlfriend’s Joliet, Illinois apartment. Sergeant Blackburn and Officer Higgins took him to the police station for booking on charges of trespass and criminal damage…
Date: December 18, 2018
Docket Number: 17-1920
Justia Opinion Summary: For 25 years, Wrolstad worked at CUNA, eventually becoming a financial reporting manager. In 2009 his position was eliminated in a corporate restructuring. He was 52 years old. At his supervisor’s suggestion, Wrolstad…
Date: December 18, 2018
Docket Number: 18-1737
Justia Opinion Summary: In 2002, in Texas, Dr. Phillips performed a laparoscopic hysterectomy on Bramlett, a 36-year-old mother. While hospitalized, Bramlett suffered internal bleeding and died. Her family filed a wrongful death lawsuit against…
Date: December 17, 2018
Docket Number: 17-3024
Justia Opinion Summary: Ofem, age 18, was arrested for a misdemeanor and taken to Chicago lockup. During rounds, officers asked him screening questions. Ofem displayed no signs of pain, injury, or infection; he did not appear to be under the…
Date: December 14, 2018
Docket Number: 16-3789
Justia Opinion Summary: Horshaw was beaten by other inmates at Menard Correctional Center. Horshaw still suffers from pain and brain trauma. Before the attack Horshaw received an anonymous letter stating that he would be “eradicated” for…
Date: December 14, 2018
Docket Number: 17-2725
Justia Opinion Summary: After Kuczora lost his finance job in 2007, he styled himself as the managing director of KCS Financial, a phony finance firm he ran from his Elgin, Illinois basement. Kuczora falsely represented to unwary investors that…
Date: December 14, 2018
Docket Number: 18-1270
Justia Opinion Summary: For 35 years, Terry worked as a teacher and an administrator for the District. After the 2013–2014 school year, the District closed the school where Terry served as the Principal because of declining enrollment and…
Date: December 14, 2018
Docket Number: 18-1724
Justia Opinion Summary: Sinn was incarcerated within the Indiana Department of Corrections (IDOC), 2011-2015. In 2014, at Putnamville Correctional Facility, he suffered injuries from two separate assaults by other inmates. Sinn filed suit (42…
Date: December 14, 2018
Docket Number: 18-2203
Justia Opinion Summary: A forklift backed over Hutchison’s foot while it was loading his tractor‐trailer. Hutchison’s employer, Borkholder, who owned the forklift, had contracted with Fitzgerald to provide maintenance on the forklift. Hutchison…
Date: December 14, 2018
Docket Number: 18-2582
Justia Opinion Summary: Betzner filed suit in Madison County, Illinois alleging that during Betzner’s employment, he was exposed to asbestos fibers, which caused his mesothelioma and that defendants, including Boeing, manufactured these…
Date: December 13, 2018
Docket Numbers: 16-2177, 16‐3578, 16‐4207
Justia Opinion Summary: Adams was convicted of possessing, with intent to distribute, 100 kilograms or more of marijuana, money laundering, and escaping from federal custody. A 1997 California conviction elevated his statutory maximum term of…
Date: December 13, 2018
Docket Numbers: 18-1315, 18-1236
Justia Opinion Summary: Defendants pleaded guilty for their roles as middlemen in a cocaine deal, 21 U.S.C. 846. The Seventh Circuit affirmed their 69-month sentences, rejecting arguments that the district court erred on the amount of cocaine…
Date: December 13, 2018
Docket Numbers: 18-1338, 18-1336
Justia Opinion Summary: Plaintiffs hold participating life-insurance policies from State Farm and Country Life that guarantee policyholders annual dividends from their insurers’ surpluses. The insurers decide the dividend amounts. Dissatisfied…
Date: December 13, 2018
Docket Number: 18-1945
Justia Opinion Summary: MCI held a business owners insurance policy with an “Employment-Related Practices Liability Endorsement” from Society Insurance. When DirecTV sued MCI under 47 U.S.C. 521 for publicly displaying its programming in MCI’s…
Date: December 12, 2018
Docket Number: 16-1476
Justia Opinion Summary: Crutchfield, charged with drug crimes, faced enhanced penalties based on his criminal record. The prosecutor offered a plea deal that would have capped his sentence at 25 years, explaining that Crutchfield would have to…
Date: December 12, 2018
Docket Numbers: 17-3660, 17-3643
Justia Opinion Summary: Current and former flight attendants challenged a SkyWest Airlines compensation policy of paying for their work in the air but not on the ground, alleging violations of the Fair Labor Standards Act, 29 U.S.C. 201 (FLSA),…
Date: December 12, 2018
Docket Number: 18-1031
Justia Opinion Summary: In 2009, U.S. Army Specialist Schaefer was killed by a roadside bomb while serving a tour of duty in Iraq. Those directly responsible for such attacks are often unidentifiable or beyond the reach of a court’s personal…
Date: December 12, 2018
Docket Number: 18-2548
Justia Opinion Summary: Kohl was convicted of three federal controlled substance offenses, 21 U.S.C. 841 and 846. The court assigned Kohl criminal history category IV, including one criminal history point for a 2016 Wisconsin conviction for…
Date: December 11, 2018
Docket Number: 18-1327
Justia Opinion Summary: Hamdan was arrested after a 2014 traffic stop revealed he was driving on a suspended license. Hamdan consented to a search of his car. Officers found a shoebox containing $67,000 in cash. Police found a card for a Public…
Date: December 11, 2018
Docket Number: 18-2272
Justia Opinion Summary: The District operates Naperville Central High School (NCHS), where H.P. attended three years of high school. In 2006, during her junior year, H.P.’s mother committed suicide. H.P. moved from her mother’s Naperville home…
Date: December 10, 2018
Docket Number: 17-1708
Justia Opinion Summary: In 2000 Balsiger took the helm of IOS, a large coupon processing companies. IOS contracted with large retail chains and small, independently owned stores to collect and sort coupons redeemed at their stores and to submit…
Date: December 10, 2018
Docket Number: 18-1897
Justia Opinion Summary: Bostock pleaded guilty to distributing methamphetamine and was sentenced to 125 months’ imprisonment. The Seventh Circuit affirmed. The statute distinguishes by purity in setting minimum and maximum sentences, 21 U.S.C.…
Date: December 7, 2018
Docket Number: 17-2808
Justia Opinion Summary: Direct purchasers of containerboard charged manufacturers with conspiring to increase prices and reduce output from 2004-2010. The Seventh Circuit affirmed the certification of a nationwide class of buyers. Most of the…
Date: December 7, 2018
Docket Number: 18-1936
Justia Opinion Summary: O’Boyle claimed a debt-collection letter sent by RTR violated the Fair Debt Collection Practices Act by “overshadowing” the consumer’s rights under 15 U.S.C. 1692g(b) and failing to communicate the FDCPA rights…
Date: December 7, 2018
Docket Number: 18-2019
Justia Opinion Summary: During a drug deal, Bishop was pepper sprayed by his customer and shot her. He was convicted of discharging a firearm during a drug transaction, 18 U.S.C. 924(c). He argued that the warrant authorizing a search of his…
Date: December 7, 2018
Docket Number: 18-2147
Justia Opinion Summary: Neighbors is a skilled nursing facility participating in Medicare and Medicaid. The Centers for Medicare and Medicaid Services (CMS) determined that Neighbors inadequately addressed sexual interactions between three…
Date: December 6, 2018
Docket Number: 14-3696
Justia Opinion Summary: Roundtree was sentenced to life in prison for selling heroin that led to a user’s death, 21 U.S.C. 841(b)(1)(C). Seven years later the Supreme Court held (Burrage) that a judge must tell a jury that the death-resulting…
Date: December 6, 2018
Docket Number: 16-3487
Justia Opinion Summary: The Illinois Department of Human Services pays personal home health care assistants to care for elderly and disabled persons. The assistants are public employees under the Illinois Public Labor Relations Act, which…
Date: December 6, 2018
Docket Numbers: 16-4212, 16‐1275, 16‐3084, 16‐2260
Justia Opinion Summary: The Chicago gang called the Imperial Insane Vice Lords controlled drug operations near Thomas Street and Keystone Avenue. In l2010, the government began investigating the gang’s activities, which led to the indictment of…
Date: December 6, 2018
Docket Number: 18-1881
Justia Opinion Summary: In 2014, Vesuvius and ACBL entered into a shipping contract to transport olivine sand from New Orleans to Vesuvius’s Wurtland, Kentucky facility by river barge. The January 2015 shipment arrived at the discharge port on…
Date: December 3, 2018
Docket Numbers: 17-3506, 17‐3067
Justia Opinion Summary: The lead plaintiffs in consolidated purported class actions received faxed advertisements that allegedly did not comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227 and the Federal Communication…
Date: December 3, 2018
Docket Number: 18-1545
Justia Opinion Summary: Taylor pleaded guilty to one count of possession of child pornography, 18 U.S.C. 2252(a)(4)(B). His plea agreement contemplated an offense level of 31, which reflected a two-level reduction because Taylor had not sought…
Date: December 3, 2018
Docket Number: 18-1666
Justia Opinion Summary: NewSpin's “SwingSmart” product is a sensor module that attaches to sports equipment and analyzes the user’s swing technique, speed, and angle. Arrow representatives met with NewSpin several times in 2010-2011; NewSpin…
Date: December 3, 2018
Docket Number: 18-2165
Justia Opinion Summary: Sanders pleaded guilty to a federal drug offense. About 20 years earlier, she had been convicted of a felony drug offense in California, so the government sought to impose a 10-year mandatory minimum term of imprisonment…
Date: November 30, 2018
Docket Number: 17-3139
Justia Opinion Summary: McCann was severely burned while attempting to commit arson at his mother’s house and spent three weeks in the hospital before being released to police custody. McCann died from a doctor’s over-prescription of methadone…
Date: November 30, 2018
Docket Number: 18-1829
Justia Opinion Summary: Shaf, a New Jersey company, sells apparel. Seventh Avenue, a Wisconsin-based catalog merchandiser, sells clothing protected by a trademark. After a dispute over Shaf’s alleged infringement of Seventh Avenue’s trademark,…
Date: November 29, 2018
Docket Number: 17-3051
Justia Opinion Summary: Defendants conduct online fantasy‐sports games. Participants pay an entry fee and select a roster, subject to a budget cap that prevents every entrant from picking only the best players. Results from real sports contests…
Date: November 29, 2018
Docket Number: 18-1282
Justia Opinion Summary: Hatch illegally brought handguns into Chicago three times. Over the next year, Chicago police recovered five of these guns—some from felons and one from a minor. Hatch told his friend Driver, who had used her…
Date: November 29, 2018
Docket Number: 18-1702
Justia Opinion Summary: Lewis, an employee of the Department of Veterans Affairs, worked as a cook in the Nutrition and Food Service Department in 2008-2009 and again from December 2013 until April 2015. The four‐year gap in employment occurred…
Date: November 28, 2018
Docket Numbers: 17-2495, 17-2495
Justia Opinion Summary: The Twenty-first Amendment to the U.S. Constitution, section 2, forbids the “transportation or importation” of liquor into a state in violation of that state’s law. The Supreme Court has decreed that states may not…
Date: November 27, 2018
Docket Number: 18-2062
Date: November 26, 2018
Docket Number: 17-1302
Justia Opinion Summary: In 1988, Huber pleaded guilty to making fraudulent credit card charges of $800. He spent the next 25 years either on probation or in prison for violating his probation, although Wisconsin had no lawful basis for…
Date: November 26, 2018
Docket Number: 17-3350
Justia Opinion Summary: Jackson was convicted, based on a scheme to defraud mortgage lenders, of wire fraud, 18 U.S.C. 1343, and mail fraud, 18 U.S.C. 1341, and was sentenced to 112 months’ imprisonment on each of three counts, to be served…
Date: November 26, 2018
Docket Number: 18-1719
Justia Opinion Summary: Bogart, a Democrat, worked as the Financial Resources Director of Vermilion County, Illinois. Marron, a Republican, assumed control of the County Board and fired her. She brought claims under the First Amendment and…
Date: November 26, 2018
Docket Number: 18-2175
Justia Opinion Summary: After Illinois State Senate Minority (Republican) Leader Brady decided to remove McCann from the Illinois Senate Republican Caucus and to deny McCann certain resources, McCann and his constituent sued Brady under 42…
Date: November 26, 2018
Docket Number: 18-2374
Justia Opinion Summary: Dr. Griffin provided medical care to T.R., a participant in a Central States health plan. Before receiving treatment, T.R. assigned to Griffin the rights to “pursue claims for benefits, statutory penalties, [and] breach…
Date: November 20, 2018
Docket Number: 17-1701
Justia Opinion Summary: Riley worked for the Kokomo Housing Authority (KHA) for eight years before she was terminated in 2014. During her employment, Riley suffered from seizures, anxiety disorder, post-traumatic stress disorder, bipolar…
Date: November 20, 2018
Docket Number: 17-2803
Justia Opinion Summary: Taylor, a former Lawrenceburg, Indiana police officer, also held positions with the civil-city, parks, and electric departments. Taylor ran for a City Council position and improperly appeared in police uniform at a…
Date: November 20, 2018
Docket Number: 18-1529
Justia Opinion Summary: An FBI investigation into Indianapolis drug‐trafficking included judicial authorization to intercept calls from 10 cell phones. During its authorized surveillance, the government intercepted calls between the apparent…
Date: November 19, 2018
Docket Number: 17-3358
Justia Opinion Summary: Frances and her husband John filed a joint return for 2004. The IRS subsequently found the return deficient and informed them that they owed an additional $488,177 in income taxes and underreporting penalties of…
Date: November 15, 2018
Docket Number: 18-2387
Justia Opinion Summary: Waushara County wanted to improve a rural highway. A dispute erupted about who owned land on which DeCoster had erected a fence. State court litigation settled for a $7,900 payment to DeCoster, who then sought more than…
Date: November 14, 2018
Docket Number: 15-2830
Justia Opinion Summary: Thomas, an Illinois prisoner formerly confined at Hill Correctional Center, alleged that prison guards attacked him with excessive force and that the beating and subsequent disciplinary proceedings were in retaliation…
Date: November 14, 2018
Docket Number: 18-1130
Justia Opinion Summary: Hudson pleaded guilty to possession of a firearm by a convicted felon. The Seventh Circuit corrected two conditions of supervised release, holding that resentencing was not required. Hudson's presentence investigation…
Date: November 14, 2018
Docket Numbers: 18-1368, 18-1159
Justia Opinion Summary: Bell sued Vacuforce for copyright infringement, accusing it of publishing his photograph of the Indianapolis skyline on its website without a license. Vacuforce hired attorney Overhauser. The parties quickly settled; the…
Date: November 13, 2018
Docket Number: 18-1230
Justia Opinion Summary: Courthouse News Service (CNS) sought injunctive relief under 42 U.S.C. 1983, arguing that the First Amendment requires the Clerk of the Circuit Court of Cook County, Illinois, to release newly filed complaints to the…
Date: November 8, 2018
Docket Number: 17-3264
Justia Opinion Summary: Hardy, a 55-year old man who worked previously as a maintenance mechanic, had a discectomy in 2005 and a lumbar spinal fusion in 2006. His previous application for Disability Insurance Benefits was denied in 2012. Hardy…
Date: November 8, 2018
Docket Number: 18-1514
Justia Opinion Summary: Strand, a truck driver, stopped to take a mandatory drug screening test and received permission to park his rig outside a nearby Planned Parenthood office. Officer Minchuk, working security at Planned Parenthood, in…
Date: November 8, 2018
Docket Number: 18-1907
Justia Opinion Summary: After its appointment as receiver for Valley Bank Illinois, the Federal Deposit Insurance Corporation (FDIC) disaffirmed a benefits agreement between Valley Bank and Bunn, a bank executive. Bunn sued the FDIC to recover…
Date: November 7, 2018
Docket Number: 14-2828
Justia Opinion Summary: In 2001, Plaza-Ramirez entered the U.S. from Mexico without inspection or admission. In 2010, he was apprehended by Border Patrol agents. He sought asylum, withholding of removal, and protection under the Convention…
Date: November 7, 2018
Docket Numbers: 17-2051, 17-2052, 17-2060
Justia Opinion Summary: Two armed men robbed three Indianapolis area check cashing stores while wearing 1970s-themed disguises. An anonymous tip led law enforcement to Jett and McKissick, and a third man, Walker, who officers believed was…
Date: November 7, 2018
Docket Number: 18-1564
Justia Opinion Summary: The Real Estate Settlement Procedures Act, 12 U.S.C. 2605 (RESPA), requires that a loan servicer, no later than 30 days after receiving a borrower's “qualified written request” for information, take one of three specific…
Date: November 7, 2018
Docket Number: 18-1636
Justia Opinion Summary: Snapchat user “Snappyschrader” identified himself as a 31-year-old male and agreed to assist a 14-year-old female in purchasing undergarments. He was actually communicating with Altoona Detective Baumgarten. After…
Date: November 7, 2018
Docket Number: 18-2208
Justia Opinion Summary: Bolin was charged with possession of sexually explicit material involving minors, 18 U.S.C. 2252(a)(4)(B), 2252(b)(2). The court approved Bolin's financial affidavit and appointed him counsel. Bolin pleaded guilty. His…
Date: November 6, 2018
Docket Number: 17-3494
Justia Opinion Summary: Young enlisted in the Army in 1977. During a 1978 training exercise, he suffered a back injury when his jeep crashed. Young later took part in a parachute training exercise. Years later, he claimed that he was…
Date: November 6, 2018
Docket Number: 18-1892
Justia Opinion Summary: Dvorak’s suits contend that the defendants mishandled a capital call for a limited partnership in which he had invested. Dvorak’s first suit, in federal court, claiming diversity jurisdiction, named the partnership among…
Date: November 5, 2018
Docket Numbers: 16-2316, 16-2467
Justia Opinion Summary: DEA task force members lawfully found drugs in a traffic stop and seized several garage openers and keys they found in the car. An agent took the garage openers and drove around downtown Chicago pushing their buttons to…
Date: November 5, 2018
Docket Number: 18-1371
Justia Opinion Summary: Ashby’s son was a member of his elementary school choir. In 2014 and 2015, the choir performed a Christmas concert at a local museum in a historic building. The building was not then accessible to persons with…
Date: November 5, 2018
Docket Number: 18-1375
Justia Opinion Summary: Madison, Wisconsin law enforcement investigated a ring distributing methylenedioxymethamphetamine, also called MDMA or Ecstasy, and other controlled substances. An undercover officer bought Ecstasy from Pennington twice…
Date: November 2, 2018
Docket Number: 17-3286
Justia Opinion Summary: Downey attempted to rob the Waukegan Associated Bank by approaching a teller, pointing a cap gun at her, and demanding money. When the teller and a co-employee ducked behind the counter, he left the bank. The next day,…
Date: November 1, 2018
Docket Number: 17-1623
Justia Opinion Summary: Gallo was a dermatologist at the Mayo Clinic. Less than a year into her employment, she resigned and entered into a separation agreement to prevent Mayo from saying anything negative about her to prospective employers.…
Date: November 1, 2018
Docket Number: 17-1848
Justia Opinion Summary: Chicago Officer Jolliff’s confidential informant, “Doe,” reported buying heroin from “Fred.” Jolliff’s warrant affidavit stated that Doe had bought heroin from Fred for a couple of months; Fred sold heroin from a…
Date: October 31, 2018
Docket Numbers: 17-1649, 17-1310
Justia Opinion Summary: Allstate investigated suspicious trading on its equity desk and unearthed email evidence that portfolio managers might be timing trades to inflate their bonuses at the expense of portfolios, including pension funds to…
Date: October 31, 2018
Docket Number: 17-2598
Justia Opinion Summary: Duncan fell behind on her car payments, ARS repossessed the vehicle on behalf of the lender, Wells Fargo. Duncan had left some personal items in the car, and when she sought to retrieve them, ARS allegedly demanded $100.…
Date: October 31, 2018
Docket Numbers: 17-3145, 17-2986
Justia Opinion Summary: Taylor and Thomas, abandoned by their fathers and raised in poverty by abusive mothers in Hammond, Indiana, sold drugs until 2000, when they admitted to friends that they had committed a robbery and that Taylor had “hit…
Date: October 31, 2018
Docket Number: 18-1010
Justia Opinion Summary: When Beaton’s laptop malfunctioned, he discovered SpeedyPC, which offered a diagnosis and a cure. Beaton took advantage of Speedy’s free trial, which warned that his device was in bad shape and encouraged him to purchase…
Date: October 30, 2018
Docket Number: 17-2792
Justia Opinion Summary: Lake County, Indiana, Sheriff's Department (LCSD) Deputy Orlich, in uniform, and carrying a gun, responded to Zander’s husband’s call, reporting a domestic disturbance. Arriving at the scene, Orlich ordered Zander to…
Date: October 30, 2018
Docket Number: 17-3413
Justia Opinion Summary: In 2011, Abrego began work as a dental assistant at a VA clinic, with Dr. Strampe. According to Abrego, Strampe “harassed” him, was “short-tempered,” and did not allow him to schedule patients, use computer resources, or…
Date: October 29, 2018
Docket Number: 16-3211
Justia Opinion Summary: Austin was charged, based on an eight‐year mortgage‐fraud scheme, with bank fraud, 18 U.S.C. 1344; wire fraud, section 1343; aggravated identity theft, section 1028A(a)(l); and obstruction of justice, section 1512(c)(2).…
Date: October 29, 2018
Docket Number: 17-1668
Justia Opinion Summary: After being arrested for DUI, Martin was booked by Clay County Officers Herbert and Overton and was placed in a cell with bunk beds, rather than the padded cell or the “drunk tank,” which did not contain bunk beds. The…
Date: October 29, 2018
Docket Number: 18-1835
Justia Opinion Summary: In 2007, OFTI sold a mill to TAK. During the financial crunch, Goldman Sachs cut $19 million from the financing. OFTI had promised clean title, but with the reduced financing, was unable to pay off all security…
Date: October 25, 2018
Docket Numbers: 17-1723, 18-1911
Justia Opinion Summary: In 1991, Molina-Avila, born in Guatemala and then 11 years old, came to the U.S. with his sister and brother. He became a legal permanent resident the same year. As a young adult, he was convicted of three drug offenses…
Date: October 25, 2018
Docket Number: 17-2984
Justia Opinion Summary: The Moorish Temple is a religious organization that believes Moors are the rightful owners of North America. As a “Grand Sheik,” Walton preached that the government occupies Moorish land and owes its members payment,…
Date: October 24, 2018
Docket Number: 17-1391
Justia Opinion Summary: Law enforcement intercepted cellular telephone communications pursuant to a Maryland state court order, revealing that Moreno and Salinas planned to transport illegal drugs to Illinois. Lopez arranged for Linares to get…
Date: October 24, 2018
Docket Number: 18-1517
Justia Opinion Summary: The appellees sought permission to file a brief containing more words than the 14,000 permitted by Fed. R. App. P. 32(a)(7) and Circuit Rule 32(c). Vermillion, the appellant, represented that his brief contains fewer…
Date: October 23, 2018
Docket Numbers: 17-1840, 17-1989, 17-2439
Justia Opinion Summary: The Seventh Circuit affirmed defendants' convictions for child pornography charges. On appeal, defendants argued that the warrant authorizing the Playpen child pornography website searches was invalid and that the fruit…
Date: October 23, 2018
Docket Number: 17-2955
Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983 against the superintendent, in his official capacity, alleging that schools would not hire plaintiff while he was a teacher under investigation. The Seventh Circuit affirmed the…
Date: October 23, 2018
Docket Number: 17-2963
Justia Opinion Summary: Four Chicago police officers received an emergency call about a “male with a gun,” and arrived on scene at about 3:35 a.m. An unidentified man on the porch directed them to the first floor apartment, stating only, “He’s…
Date: October 22, 2018
Docket Number: 17-2976
Justia Opinion Summary: The Seventh Circuit affirmed defendant's conviction for conspiring to distribute cocaine. Defendant argued that the facts did not demonstrate that he agreed with others to buy and sell cocaine. The court held that the…
Date: October 22, 2018
Docket Number: 17-3609
Justia Opinion Summary: After plaintiff filed class and collective actions against her former employer for wage and hour violations, the district court compelled arbitration pursuant to an agreement between the parties. The district court also…
Date: October 22, 2018
Docket Number: 18-1361
Justia Opinion Summary: Plaintiff filed suit against GC Services, alleging violations of the Fair Debt Collections Practices Act (FDCPA). The Seventh Circuit affirmed the district court's denial of GC Services' motion to compel arbitration and…
Date: October 19, 2018
Docket Number: 17-2480
Justia Opinion Summary: A six month delay between a property inspection and notice of a municipal ordinance citation does not violate due process. The Seventh Circuit affirmed the district court's dismissal of plaintiff's amended complaint for…
Date: October 19, 2018
Docket Number: 17-3077
Justia Opinion Summary: The statutory provision that prohibits ordering restitution to a participant in defendant's offense, 18 U.S.C. 3663(a)(1)(A), does not prohibit ordering restitution to the participant's family members in cases in which…
Date: October 19, 2018
Docket Number: 18-1541
Justia Opinion Summary: The Seventh Circuit affirmed defendant's 20 year prison sentence after he pleaded guilty to transporting methamphetamine as part of a 20-person conspiracy. The court held that the evidence, viewed apart from the base…
Date: October 18, 2018
Docket Number: 17-2477
Justia Opinion Summary: The definition of "consumer" under the Fair Debt Collection Practices Act includes consumers who have been alleged by debt collectors to owe debts that the consumers themselves contend they do not owe. The Seventh…
Date: October 18, 2018
Docket Number: 17-2517
Justia Opinion Summary: The Seventh Circuit reversed the district court's denial of defendant's motion to suppress evidence after he pleaded guilty to illegal possession of heroin and a firearm. In this case, officers detained and frisked…
Date: October 18, 2018
Docket Number: 17-3554
Justia Opinion Summary: The Seventh Circuit affirmed the district court's denial of defendant's motion for a hearing under Franks v. Delaware, 438 U.S. 154 (1978), to probe the credibility of the FBI agent who procured a warrant for samples of…
Date: October 18, 2018
Docket Number: 18-1083
Justia Opinion Summary: The Seventh Circuit affirmed defendant's 71 month sentence after he pleaded guilty to distributing fentanyl. The court held that any error in calculating defendant's criminal history category was harmless because it had…
Date: October 18, 2018
Docket Number: 18-1710
Justia Opinion Summary: The Seventh Circuit affirmed the district court's grant of summary judgment for Shellpoint in an action alleging that Shellpoint discriminated against plaintiffs based on race when it prohibited them from assuming the…
Date: October 17, 2018
Docket Number: 17-2212
Justia Opinion Summary: The Seventh Circuit affirmed the district court's denial of a petition for writ of habeas corpus under 28 U.S.C. 2254. Petitioner claimed that the prosecutor made improper statements during closing arguments. The court…
Date: October 17, 2018
Docket Number: 17-3098
Justia Opinion Summary: The Seventh Circuit affirmed defendant's convictions for eight counts of health care fraud and eight counts of making false statements affecting a healthcare matter. The court held that the evidence was sufficient to…
Date: October 16, 2018
Docket Number: 16-3575
Justia Opinion Summary: Defendant appealed two discretionary conditions of his supervised release after pleading guilty to two counts of filing fraudulent federal tax returns. The first condition prohibited "excessive use" of alcohol and the…
Date: October 15, 2018
Docket Number: 17-1195
Justia Opinion Summary: The Seventh Circuit reversed the district court's grant of summary judgment for Stryker in an action filed by plaintiff, a former employee, alleging a claim of retaliation under Title VII of the Civil Rights Act of 1964.…
Date: October 15, 2018
Docket Number: 17-2628
Justia Opinion Summary: The Seventh Circuit affirmed the district court's denial of disability insurance benefits to plaintiff. The court held that substantial evidence supported the ALJ's decision to deny benefits where the opinion's of…
Date: October 12, 2018
Docket Number: 17-3224
Justia Opinion Summary: Plaintiff, an Illinois state prisoner, filed suit under 42 U.S.C. 1983, alleging that prison officials conspired to and did violate his First and Eighth Amendment rights while he was incarcerated at the Menard…
Date: October 12, 2018
Docket Number: 18-1085
Justia Opinion Summary: Plaintiff filed suit against her former employer, Pearson, alleging claims of Title VII sex discrimination and other claims, after she allegedly did not get the same chance to resign with severance pay that three male…
Date: October 12, 2018
Docket Number: 18-1591
Justia Opinion Summary: The employer sought review by the federal district court and obtained a judicial order vacating an award on the ground that the arbitrator improperly applied external law to contradict the terms of the collective…
Date: October 11, 2018
Docket Number: 17-2333
Justia Opinion Summary: The Seventh Circuit affirmed the district court's grant of summary judgment for defendants after defendants refused to provide school transportation (or equivalent cash benefits) to plaintiffs' children. The court held…
Date: October 11, 2018
Docket Number: 17-3615
Justia Opinion Summary: The Seventh Circuit affirmed the district court's dismissal of an action alleging the violation of the Equal Protection Clause of the Fourteenth Amendment because the county placed a disproportionate tax on commercial…
Date: October 11, 2018
Docket Number: 18-1607
Justia Opinion Summary: The Seventh Circuit affirmed defendant's motion to dismiss an action alleging that defendant tortiously interfered with plaintiff's employment contract and knowingly misrepresented company policy, both of which resulted…
Date: October 11, 2018
Docket Number: 18-1668
Justia Opinion Summary: The Seventh Circuit affirmed the district court's grant of defendants' motion for summary judgment in an action alleging claims under the Age Discrimination in Employment Act (ADEA), 42 U.S.C. 1983, and Illinois law.…
Date: October 10, 2018
Docket Numbers: 17-3179, 17‐3194
Justia Opinion Summary: After plaintiffs successfully prosecuted their cases, the Treasury Department determined that plaintiffs had outstanding debts to various government entities. However, plaintiffs had assigned to counsel any legal fees to…
Date: October 9, 2018
Docket Number: 15-3298
Justia Opinion Summary: Under the Prison Litigation Reform Act of 1995 (PLRA), “[n]o action shall be brought with respect to prison conditions under [42 U.S.C. 1983], … until such administrative remedies as are available are exhausted.”…
Date: October 9, 2018
Docket Number: 17-3292
Justia Opinion Summary: Secret Service agents used a peer‐to‐peer sharing network to download eight images of child pornography from a computer using an internet protocol address assigned to Burrows’s home, then executed a search warrant. A…
Date: October 9, 2018
Docket Numbers: 18-1429, 18-1438
Justia Opinion Summary: Iowa closed the Iowa Girls State Training School. Palmer, Director of the Iowa Department of Human Services, subsequently contracted to use the Wisconsin Girls State Training School (Copper Lake). Plaintiffs claim that,…
Date: October 9, 2018
Docket Number: 18-1647
Justia Opinion Summary: The Seventh Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he pleaded guilty to one count of possession with intent to distribute a controlled substance. The court held that…
Date: October 3, 2018
Docket Numbers: 17-2965, 17-2964
Justia Opinion Summary: In 1999, after deregulation of the energy industry in Illinois, Exelon sold its fossil-fuel power plants to use the proceeds on its nuclear plants and infrastructure. The sales yielded $4.8 billion, $2 billion more than…
Date: October 3, 2018
Docket Numbers: 17-3084, 17-3127, 17-3396, 17-3559
Justia Opinion Summary: Eight men stole 104 new Ruger firearms, in original packaging, from a cargo train parked in a Chicago rail yard. The men divided the stolen firearms among themselves and sold them on the black market. Most of the guns…
Date: October 3, 2018
Docket Number: 17-3155
Justia Opinion Summary: Gray worked in maintenance for the Vigo County Parks and Recreation Department, cleaning restrooms and directing volunteers. Some volunteers were completing court‐mandated community service; Gray was responsible for…
Date: October 3, 2018
Docket Number: 18-1520
Justia Opinion Summary: Minerva, an Ohio‐based, family‐owned dairy company, produces Amish‐style butters in small, slow‐churned batches using fresh milk supplied by pasture‐raised cows. Minerva challenged Wisconsin’s butter‐grading requirement…
Date: October 2, 2018
Docket Number: 16-3433
Justia Opinion Summary: Santiago was charged with conspiracy to possess with intent to distribute 1000 grams or more of heroin and five or more kilograms of cocaine, 21 U.S.C. 846; distribution of heroin, 21 U.S.C. 841(a)(1); and money…
Date: October 1, 2018
Docket Number: 18-1144
Justia Opinion Summary: Bolson develops products and processes for use in 3D printing. Soarus is a distributor of specialty polymers, including G-Polymer. In 2009, Bolson and Soarus began discussing Bolson’s acquisition and use of GPolymer in…
Date: September 28, 2018
Docket Numbers: 17-1300, 17-1325
Justia Opinion Summary: Lincolnshire's Ordinance 15-3389-116 Section 4 bans union-security agreements within the village by forbidding any requirement that workers join a union, compensate a union financially or make payments to third parties…
Date: September 28, 2018
Docket Number: 17-1325
Date: September 28, 2018
Docket Numbers: 18-1866, 18-1889
Justia Opinion Summary: The Seventh Circuit denied a “Request for Judicial Notice,” publishing an “explanation in the hope of forestalling other, similar applications, which recently have increased in frequency.” Federal Rule of Evidence 201(b)…
Date: September 25, 2018
Docket Number: 17-1897
Justia Opinion Summary: Union Pacific Railroad hired Griff in the mid-1980s. Griff was promoted from locomotive engineer to management but was fired in 2013 when the railroad discovered that he had falsified safety and training documentation.…
Date: September 25, 2018
Docket Number: 17-2878
Justia Opinion Summary: Barrett applied for disability insurance benefits and supplemental security income based on limitations from bipolar disorder and alcohol addiction. If an administrative law judge (ALJ) had found him disabled, then…
Date: September 25, 2018
Docket Numbers: 17-2970, 17-2485, 17-3289
Justia Opinion Summary: Krier operates a Wisconsin trail-riding facility. Dilley reserved a ride, informing Krier that she had no horseback-riding experience. Dilley was matched with Blue, Krier’s most docile horse. Dilley received no…
Date: September 25, 2018
Docket Numbers: 18-1598, 18-1275
Justia Opinion Summary: Mohsin and Khan pleaded guilty to conspiring to sell drugs (commonly known as synthetic marijuana) misbranded as incense or potpourri (18 U.S.C. 371) during approximately eight months in 2011 from a store Mohsin owned in…
Date: September 25, 2018
Docket Number: 18-2523
Justia Opinion Summary: The Affordable Care Act’s three premium‐stabilization programs were designed to redistribute money among insurance companies and mitigate each company’s exposure to market risks, 42 U.S.C. 18061–18063. The Department of…
Date: September 21, 2018
Docket Number: 17-1838
Justia Opinion Summary: An Illinois jury convicted Czech of first-degree murder and aggravated discharge of a firearm for his role in a gang-related drive-by shooting that resulted in the death of a 14-year-old bystander. Czech argued on direct…
Date: September 19, 2018
Docket Number: 17-1080
Justia Opinion Summary: Bradford was convicted of conspiracy to distribute and possess with intent to distribute controlled substances, 21 U.S.C. 841(a)(1), 846; transfer of a firearm to a felon, 18 U.S.C. 922(d)(1); two counts of distribution…
Date: September 17, 2018
Docket Number: 16-3549
Justia Opinion Summary: Hrobowski was convicted of federal firearms offenses in 2006 and sentenced to 264 months’ imprisonment under the Armed Career Criminal Act, 18 U.S.C. 924(e) based on prior Illinois state‐law convictions: aggravated…
Date: September 17, 2018
Docket Number: 18-1480
Justia Opinion Summary: Perez‐Gonzalez pleaded guilty to first-degree murder for his role in a gang‐related killing and agreed to cooperate. His plea agreement stated: Any deviation from that truthful [testimony against a co-defendant] will be…
Date: September 14, 2018
Docket Number: 17-1631
Justia Opinion Summary: In 2008, Mayberry was convicted in Wisconsin state court of multiple counts of second-degree sexual assault and one count of false imprisonment. Mayberry unsuccessfully challenged his convictions on both direct and…
Date: September 14, 2018
Docket Number: 17-3080
Justia Opinion Summary: Hennen worked as a sales specialist for NCR, 2010-2012, and was covered by long-term disability insurance under a group policy provided by MetLife. She sought treatment for a back injury. When physical therapy and…
Date: September 14, 2018
Docket Numbers: 18-1060, 17-3216
Justia Opinion Summary: Milwaukee County hired Thicklen in 2012 as a jail corrections officer. A zero-tolerance policy forbids corrections officers from having any sexual contact with inmates. The county repeatedly instructed Thicklen not to…
Date: September 13, 2018
Docket Number: 16-3585
Justia Opinion Summary: Liberty PAC sued Illinois officials under 42 U.S.C. 1983 alleging that campaign contribution limits set by the Illinois Disclosure and Regulation of Campaign Contributions and Expenditures Act, violated the First…
Date: September 13, 2018
Docket Number: 17-1178
Justia Opinion Summary: In 2015, Wis. Stat. 111.01, changed many provisions of state labor laws. One provision purported to change the rules for payroll deductions that allow employees to pay union dues through dues‐checkoff authorizations. By…
Date: September 13, 2018
Docket Numbers: 17-2433, 17‐2445
Justia Opinion Summary: Regional transmission organizations manage the interstate grid for electricity, conduct auctions through which many large generators of electricity sell most or all of their power, and are regulated by the Federal Energy…
Date: September 13, 2018
Docket Number: 17-3390
Justia Opinion Summary: More than 20 current and former employees at ConAgra’s Rensselaer, Indiana microwave popcorn plant sued various manufacturers and suppliers of butter flavorings that contained the chemical diacetyl, which if inhaled can…
Date: September 12, 2018
Docket Number: 17-1999
Justia Opinion Summary: Reynolds claimed that the law firm (H&L) gave bad advice that led him to violate federal disclosure laws when he drafted his LLCs’ financial statements. The district court granted H&L summary judgment, stating that…
Date: September 11, 2018
Docket Number: 17-2267
Justia Opinion Summary: Hotel Coleman owned a Holiday Inn Express franchise. Vaughn ran daily operations, including hiring, supervising, and discharging employees, and determining compensation. Frey and other Hotel workers were on Hotel…
Date: September 11, 2018
Docket Number: 17-2563
Justia Opinion Summary: D.D.B., then under 18 years of age, with an adult accomplice robbed a pharmacy and was charged with acts of juvenile delinquency that, if committed by an adult, would be robbery, 18 U.S.C. 1951(a), and carrying, using,…
Date: September 10, 2018
Docket Number: 14-1581
Justia Opinion Summary: On March 18, 2011, Manuel was arrested charged with possessing unlawful drugs. He was held in jail pending trial; on May 4, 2011 the prosecutor dismissed all charges after concluding that the pills Manuel had been…
Date: September 10, 2018
Docket Number: 17-1815
Justia Opinion Summary: Packgen's customer, CRI, required a new type of intermediate bulk container (IBC) for a chemical catalyst used in refining crude oil into other petroleum products. The new IBC's outer surface consisted primarily of…
Date: September 10, 2018
Docket Number: 17-2223
Justia Opinion Summary: Rhodes was convicted of first‐degree intentional homicide and first‐degree recklessly endangering safety for shooting two victims, killing Davis. The prosecution’s theory was that Rhodes and his brother shot Davis, who…
Date: September 10, 2018
Docket Numbers: 17-2432, 17-2454
Justia Opinion Summary: Suppo, a Costco employee, was stalked by Thompson, a Costco customer, and secured a plenary no-contact order from an Illinois state court. Traumatized by the experience, she also took an unpaid medical leave. When she…
Date: September 10, 2018
Docket Number: 17-3332
Justia Opinion Summary: Cleven worked as a City of Madison stagehand, classified as an independent contractor and not enrolled in the Wisconsin Retirement System. In 2006, a union sought to represent the stagehands. The Employment Relations …
Date: September 6, 2018
Docket Number: 17-2910
Justia Opinion Summary: In 2008, Standard sued, on behalf of itself and “all others similarly situated," alleging that was injured when it “purchased several items of steel tubing [at an inflated price] indirectly … for end use," claiming that…
Date: September 5, 2018
Docket Number: 16-4105
Justia Opinion Summary: A cocaine courier arrested by Indianapolis police stated that a major customer of his distributor, Colon, lived in a certain apartment complex; he had seen Colon deliver drugs to the customer there and at Colon’s store…
Date: September 4, 2018
Docket Number: 17-2890
Justia Opinion Summary: In 2008 Indiana University hired Haynes, who is black, as an assistant professor, funding most of his salary through the Strategic Recruitment Fund, which facilitates "recruitment of underrepresented minorities and women…
Date: August 31, 2018
Docket Number: 17-2603
Justia Opinion Summary: After a chase and takedown, a Milwaukee Police Department (MPD officer remained on top of Williams after he was handcuffed. Williams stated, repeatedly that he could not breathe, even after the officer shifted his…
Date: August 31, 2018
Docket Number: 17-3236
Justia Opinion Summary: Foster planned, with Hill and Anderson, to rob a credit union. Foster supplied the guns, drove the others to the location, and waited nearby while they entered. Hill directed a teller to empty the cash drawers and…
Date: August 30, 2018
Docket Number: 16-3430
Justia Opinion Summary: In 2002, a Wisconsin jury convicted Reynolds in a fatal carjacking. He unsuccessfully sought habeas relief, 28 U.S.C. 2254, based on alleged violations of his Sixth and Fourteenth Amendment right to counsel. He claims…
Date: August 30, 2018
Docket Number: 17-1910
Justia Opinion Summary: Cotton was visiting his sister, Kimberly when he scuffled with three men. Cotton was beaten and shot; he died from the gunshot wounds. Milton and another were tried separately as parties to first‐degree reckless…
Date: August 30, 2018
Docket Number: 17-3366
Justia Opinion Summary: JTE, distributed products for Bimbo around Chicago under an agreement with no fixed duration that could be terminated in the event of a non-curable or untimely-cured breach. New York law governed all disputes. According…
Date: August 29, 2018
Docket Number: 17-1399
Justia Opinion Summary: Oshkosh inmate Lanaghan reported to Health Services on November 21 and was treated only for a rash. He received four further treatments but increasingly experienced problems with activities of daily living, and was…
Date: August 29, 2018
Docket Number: 17-3196
Justia Opinion Summary: Allied offered Robertson a job, but ran a background check before she reported to work. Under the Fair Credit Reporting Act (FCRA) 15 U.S.C. 1681a(d)(1), Robertson claims that Allied violated a requirement to notify her…
Date: August 28, 2018
Docket Number: 17-2132
Justia Opinion Summary: During child-custody proceedings, Nixon accused her ex-husband G.G. of physically and sexually assaulting their daughter, S. An Illinois judge limited G.G.’s parental rights to visitation in the presence of another adult…
Date: August 28, 2018
Docket Number: 17-2920
Justia Opinion Summary: Alvarenga-Flores, apprehended crossing the U.S. border, gave a “credible fear” interview while he was detained, stating that he was afraid to return to El Salvador, where he is a citizen, because after witnessing a…
Date: August 27, 2018
Docket Number: 17-1322
Justia Opinion Summary: Within months of her arrival at St. Andrew, a residential community for older adults, Wetzel physical and verbal abuse from other residents because she is openly lesbian. She repeatedly asked St. Andrew’s staff to help…
Date: August 27, 2018
Docket Number: 17-1806
Justia Opinion Summary: B.G. lived alternately with his mother (who speaks only Spanish) and siblings in a small apartment, and with his father, who apparently left B.G. to his own devices. He repeated first grade. B.G. was diagnosed with a…
Date: August 27, 2018
Docket Number: 17-2085
Justia Opinion Summary: The Indiana Supreme Court affirmed Thompson's 1982 murder and conspiracy to commit burglary convictions. Thompson filed a state post-conviction petition in 1992. In 1997, the final of several public defenders withdrew.…
Date: August 27, 2018
Docket Number: 17-2150
Justia Opinion Summary: Ward injured his shoulder and back when his seat collapsed in the train he was operating. Ward is a U.S. resident who is employed by a U.S. railroad, normally covered by the Federal Employers’ Liability Act (FELA), 45…
Date: August 27, 2018
Docket Number: 17-3576
Justia Opinion Summary: An Indiana judge appointed Stochel as receiver for Tip Top Supermarkets, while its proprietors were embroiled in protracted litigation. Over several years Stochel stole more than $330,000 from the receivership. Stochel…
Date: August 27, 2018
Docket Number: 18-1103
Justia Opinion Summary: Sloan began working for the Association in 2014. She received multiple merit raises. In 2016 she was promoted, making her an exempt salaried employee under the Fair Labor Standards Act (FLSA), 29 U.S.C. 213. Sloan’s…
Date: August 27, 2018
Docket Number: 18-1187
Justia Opinion Summary: A jury convicted Rivera of aiding and abetting a pair of Hobbs Act robberies, 18 U.S.C. 1951(a) and his friend’s use of a firearm during them, 18 U.S.C. 924(c)(1)(A)(ii). The same jury acquitted him of, or deadlocked on,…
Date: August 24, 2018
Docket Number: 16-3392
Justia Opinion Summary: Arnold was convicted of repeated sexual assault his son, M.A., who testified that in 2004-2005, when M.A. was 13-14 years old, Arnold engaged in mutual masturbation with him. Arnold had five prior convictions, including…
Date: August 24, 2018
Docket Number: 17-1522
Justia Opinion Summary: New arrivals at the jail must surrender their possessions. A class action under 42 U.S.C. 1983 charged that the Sheriff did not do enough to prevent guards and other employees from stealing or losing those belongings.…
Date: August 24, 2018
Docket Number: 17-1557
Justia Opinion Summary: Unbeknownst to Burton, her license was suspended. Zion Officer Meyers spotted her driving, verified that there was an active warrant for her arrest, and activated his emergency lights. Burton saw his lights but claims…
Date: August 24, 2018
Docket Number: 17-1666
Justia Opinion Summary: Wisconsin officials arrested Scott for attempting to have sexual relations with a boy who Scott (age 58) believed was 14 years old. The “boy” was a state Department of Justice agent, impersonating a teenager in response…
Date: August 24, 2018
Docket Number: 17-1833
Justia Opinion Summary: Curtis led a crew that robbed cell-phone stores in suburban Chicago. He was arrested after the last of the heists and stood trial for four counts of robbery, four counts of aiding in the brandishing of a firearm in…
Date: August 24, 2018
Docket Number: 17-2985
Justia Opinion Summary: Thompson pled guilty as a felon in possession of a firearm, 18 U.S.C 922(g)(1). He admitted he possessed the firearm and initially conceded he was a felon based on his prior conviction of aggravated unlawful use of a…
Date: August 24, 2018
Docket Number: 17-3281
Justia Opinion Summary: Rowlands worked at the UPS for 25 years before she was fired in 2012, for changing her time card. Rowlands filed an EEOC Charge and a union grievance. She was reinstated. Rowlands had suffered several injuries, starting…
Date: August 23, 2018
Docket Number: 16-1889
Justia Opinion Summary: Since entering the custody of the Wisconsin Department of Corrections in 2009, Wilson has sought medical treatment for dementia and Alzheimer’s disease, neck and throat pain, and difficulty breathing and swallowing. He…
Date: August 23, 2018
Docket Number: 17-1449
Justia Opinion Summary: Beley and Montgomery represent a class of sex offenders who allege that Chicago refused to register them under the Illinois Sex Offender Registration Act (SORA) because they could not produce proof of address. If true,…
Date: August 23, 2018
Docket Number: 17-3170
Justia Opinion Summary: In 2013, while Koger was serving a 300-day sentence in the Cook County Jail, Lyons sent him at least 10 books, plus magazines and newspapers. More than 30 books were seized from Koger’s cell for violation of Jail…
Date: August 22, 2018
Docket Number: 16-3238
Justia Opinion Summary: In 2002, officers seized $100,120 in U.S. currency from an Amtrak train passenger. The federal government initiated a civil forfeiture proceeding against the currency. The passenger and the owner of the funds, neither of…
Date: August 22, 2018
Docket Number: 17-3030
Justia Opinion Summary: In 2010, a doctor prescribed Paxil, the brand‐name version of paroxetine, to treat Stewart’s depression and anxiety. His prescription was filled with generic paroxetine manufactured by another company (not a defendant).…
Date: August 21, 2018
Docket Number: 16-1763
Justia Opinion Summary: Wexford provides medical care to Illinois inmates. Beard experienced chronic ankle pain. In 2010 he consulted with his prison’s doctors, wanting surgery. The doctors ordered conservative treatment. When Beard’s pain…
Date: August 21, 2018
Docket Number: 16-4193
Justia Opinion Summary: In 2015, tattooed members of the Mara 18 gang, having previously abducted his brother, held a gun to W.G.A.’s head and threatened to kill him. With its rival, MS‐13, Mara 18 terrorizes the Salvadoran population and…
Date: August 21, 2018
Docket Number: 17-1893
Justia Opinion Summary: Sabafon, a telephone company based wanted cards to provide prepaid minutes of phone use plus a game of chance. Both the number for phone time and the symbols representing prizes were to be covered by a scratch-off…
Date: August 21, 2018
Docket Number: 17-2532
Justia Opinion Summary: Holcomb did not pay her credit-card bill. The creditor hired the Freedman law firm, which sued Holcomb on the creditor’s behalf in state court. Holcomb initially appeared pro se but later retained Attorney Finko. When…
Date: August 21, 2018
Docket Number: 17-2784
Justia Opinion Summary: In 2009, Scott pleaded guilty to engaging in two schemes to defraud investors and potential investors, 18 U.S.C. 1341. One of the supervised release conditions the district court imposed at sentencing was that he could…
Date: August 21, 2018
Docket Number: 17-3325
Justia Opinion Summary: Tounisi decided to join Jabhat al-Nusrah in Syria after learning about its violent operations and its links to al-Qaida. His parents attempted to stop him by taking away his passport. Tounisi applied for an expedited…
Date: August 21, 2018
Docket Number: 18-1183
Justia Opinion Summary: Rivas-Pena, now 44 years old, entered the U.S. as a lawful permanent resident in 1996. He was convicted of drug-related crimes in 1997 and 2017. For the 2017 conviction for possession of cocaine with intent to…
Date: August 20, 2018
Docket Number: 17-1345
Justia Opinion Summary: Walker, an inmate, brought a civil rights suit against prison officers. Walker asked the court six times to recruit a volunteer lawyer to represent him. The Seventh Circuit held that the court acted within its discretion…
Date: August 20, 2018
Docket Number: 17-1903
Justia Opinion Summary: In 2009 Blanchard, a Chicago law firm, provided legal services to an Indian pharmaceutical company, Lupin India, and its American subsidiary, Lupin USA, concerning the patentability of a generic birth‐control drug that…
Date: August 20, 2018
Docket Number: 17-2956
Justia Opinion Summary: For more than 50 years, Caterpillar paid unemployment benefits to laid-off employees at its Joliet, Illinois manufacturing plant. Caterpillar and the local union agreed to end the program in their 2012…
Date: August 20, 2018
Docket Number: 17-3545
Justia Opinion Summary: Bijan, a citizen of Iraq, entered the U.S. in 2004, ostensibly as the unmarried son of a lawful permanent resident. In 2006, Bijan traveled to Jordan, where the mother of his children, Shaoul, still lived. According to…
Date: August 20, 2018
Docket Number: 18-1240
Justia Opinion Summary: Plessinger was born with congenital spinal stenosis. He began experiencing back pain in 2010, at age 23. He worked as a diesel mechanic, electric lineman, fast food worker, welder, and truck driver. A 2012 accident…
Date: August 17, 2018
Docket Number: 15-3044
Justia Opinion Summary: Officer Pearson and other Chicago police officers executed a search warrant for “apartment 1.” There was a problem with the warrant. Apartment 1 did not exist. The building contained apartment 1A and apartment 1B. The…
Date: August 17, 2018
Docket Number: 15-3881
Justia Opinion Summary: An Illinois jury convicted McGhee of murder and attempted murder. McGhee’s defense attorney asked the judge to poll the jury after the verdict was read. The judge said, “[a]ll right,” but did not conduct the poll; he…
Date: August 17, 2018
Docket Number: 17-1651
Justia Opinion Summary: The police received an anonymous 911 call from a 14‐year‐old who borrowed a stranger’s phone and reported seeing “boys” “playing with guns” by a “gray and greenish Charger” in a nearby parking lot. A police officer drove…
Date: August 17, 2018
Docket Number: 17-1775
Justia Opinion Summary: Irwin is a holding company for two banks. When the 2007–2008 financial crisis began, regulators and Irwin’s outside legal counsel advised the company to buoy up its sinking subsidiaries. Irwin’s Board of Directors…
Date: August 17, 2018
Docket Number: 17-1888
Justia Opinion Summary: Chicago police officers attempted to make a traffic stop after Alberto Martinez ran a stop sign. Alberto fled, discarding a gun. Officer Nunez followed Alberto into a residence, did not immediately see Alberto, and began…
Date: August 17, 2018
Docket Number: 17-2389
Justia Opinion Summary: The Social Security Administration (SSA) reduced the payment of a back-award that it owed Berg by the amount of an earlier overpayment that Berg owed to SSA. Berg contested this setoff because it was taken during the…
Date: August 16, 2018
Docket Number: 16-3766
Justia Opinion Summary: Through a Department of Energy grant, Naperville received $11 million to update its grid and began replacing its residential, analog energy meters with digital “smart meters.” Traditional energy meters typically collect…
Date: August 16, 2018
Docket Number: 17-2783
Justia Opinion Summary: In 2010, BRC and Continental entered into a five‐year agreement. Continental was to sell to BRC approximately 1.8 million pounds of prime carbon black, annually, in approximately equal monthly quantities, with baseline…
Date: August 16, 2018
Docket Number: 17-3159
Justia Opinion Summary: Koty, a DuPage County Sheriff’s Department deputy, requested a different squad car model. Koty’s physician indicated Koty should be given a car with more legroom to accommodate a hip condition. The Department denied…
Date: August 16, 2018
Docket Number: 17-3514
Justia Opinion Summary: Miller was arrested after police found him unconscious behind the wheel of his car, which he had crashed into a street light. At the jail, an officer pulled him from the squad car and found a handgun on the floor where…
Date: August 15, 2018
Docket Number: 17-2207
Justia Opinion Summary: In 2013, Elder and co-defendants were charged with having conspired to traffic large quantities of methamphetamine from Arizona to southwest Indiana. His co-defendants pleaded guilty. Elder was found guilty of conspiring…
Date: August 15, 2018
Docket Number: 17-2973
Justia Opinion Summary: Penrod applied for disability benefits and supplemental security income in 2010, at age 45, after having a heart attack. The district court affirmed the denial of benefits. Penrod filed a second application for…
Date: August 15, 2018
Docket Number: 17-3113
Justia Opinion Summary: Moreland worked as a FEMA Disaster Assistance Employee. Such employees to respond to events declared disasters by the president. Their work is intermittent. They are paid only for hours worked when they are “deployed.”…
Date: August 15, 2018
Docket Number: 17-3391
Justia Opinion Summary: Walker has degrees in robotics and electrical engineering and worked for 21 years, primarily as an engineer, before suffering a stroke in 2008. Walker was not able to return to work after his stroke. Medical records show…
Date: August 15, 2018
Docket Number: 18-1002
Justia Opinion Summary: Williams was accused of offenses relating to a wide‐ranging sex‐trafficking scheme. He lured women in desperate circumstances into prostitution by convincing them that he would take care of them and maintained control…
Date: August 14, 2018
Docket Number: 16-2372
Justia Opinion Summary: In December 2003, Chicago detectives separately questioned Johnson about a shooting death. Johnson admitted that he drove the shooter to the scene but claimed not to know anything about the plan. Johnson was charged with…
Date: August 14, 2018
Docket Number: 16-3786
Justia Opinion Summary: Fuery, her friends Sciortino and Tomaskovic, and Chicago police officer Szura were involved in an altercation on the side of the road. The three women were arrested for battery of a police officer; each was acquitted.…
Date: August 14, 2018
Docket Number: 17-1282
Justia Opinion Summary: Helping Hand filed suit against Darden Restaurants, Mid Wilshire Consulting, Kang, and Jones, under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, asserting that Mid Wilshire, through Kang and Jones, sent…
Date: August 14, 2018
Docket Number: 17-1714
Justia Opinion Summary: George was charged with conspiracy, 18 U.S.C. 371, and a Medicare‐fraud kickback scheme, 42 U.S.C. 1320a-7b(b)(1) based a scheme whereby George received payments of $500 per person from Rosner Home Health Care, for each…
Date: August 14, 2018
Docket Number: 17-2614
Justia Opinion Summary: Emerson, a Cook County Department of Corrections corrections officer, alleged that County employees unlawfully discriminated against her during her “tumultuous” tenure at a County detention facility. During that time,…
Date: August 14, 2018
Docket Number: 17-2658
Justia Opinion Summary: Undercover officers conducted several controlled buys of methamphetamine by contacting Jones and obtaining the drugs from either Jones, Jones’s girlfriend (Rowland), or their housemate. A jury convicted Jones of…
Date: August 14, 2018
Docket Numbers: 18-1223, 17-3060
Justia Opinion Summary: Heishman was high on amphetamines and running naked in the street. Indianapolis police tried to subdue him. A paramedic administered a sedative to Heishman so he could be moved to an ambulance to be taken to a hospital.…
Date: August 13, 2018
Docket Number: 17-1438
Justia Opinion Summary: United Airlines pilot instructors sued their union, ALPA, alleging that ALPA had breached its duty of fair representation in its allocation of a retroactive pay settlement among different groups of pilots. The district…
Date: August 13, 2018
Docket Numbers: 17-2100, 16‐3903, 16‐3967, 16‐3860
Justia Opinion Summary: Carter, through broker Perkins, opened a commodities trading account to secure the prices his Wyoming ranch would receive for its cattle using financial instruments (hedging). After Perkins changed offices, those…
Date: August 13, 2018
Docket Number: 17-2665
Justia Opinion Summary: The warrant application was supported by statements from “Doe,” that for the previous six months she regularly bought heroin from T (Doe only knew him by sight and street name) in a house, which she identified while…
Date: August 13, 2018
Docket Numbers: 17-3335, 16‐1578
Justia Opinion Summary: Portalatin allegedly owed $1,330.75 in consumer debt. The Blatt law firm, on behalf of Midland, filed a debt‐collection suit against Portalatin in the Circuit Court of Cook County’s First Municipal District (Chicago).…
Date: August 10, 2018
Docket Number: 17-1603
Justia Opinion Summary: On October 12, Gomes, a 52-year-old Indian national, was arrested for failing to appear for jury duty. A non-citizen, Gomes, was actually ineligible for jury duty. Gomes pulled away from the officer and was charged with…
Date: August 10, 2018
Docket Number: 17-2811
Justia Opinion Summary: The FHA-insured mortgage on the Schlafs’ property is serviced by Green Tree. The Schlafs defaulted. Green Tree was unable to contact them. Green Tree contracts with Safeguard, a “mortgage field servicing company,” to…
Date: August 10, 2018
Docket Number: 17-2889
Justia Opinion Summary: Pronschinske entered into a Mining Leasing Agreement, giving Kaw the right to mine the sand, stone and rock products on the Pronschinske land but providing that it was not obligated to extract any materials or sell any…
Date: August 3, 2018
Docket Number: 17-1582
Justia Opinion Summary: Lester and William Lee created LIA in 1974 as a public company. William’s sons (Lester's nephews) later joined the business. LIA subsequently bought out the public shareholders, leaving Lester owning 516 shares;…
Date: August 3, 2018
Docket Number: 17-2117
Justia Opinion Summary: Jackson was convicted for conspiracy to distribute over 1,000 grams of heroin, 21 U.S.C. 841(a)(1) and 846; possession with intent to distribute a substance containing heroin, 21 U.S.C. 841(a)(1); and distribution of a…
Date: August 3, 2018
Docket Number: 17-2734
Justia Opinion Summary: Chicago Officer Frano obtained the approval of the state’s attorney’s office and obtained a search warrant based on a tip from a confidential informant, who claimed to have purchased heroin from Edmond at 736 North…
Date: August 3, 2018
Docket Number: 17-3399
Justia Opinion Summary: Spicher suffers from osteoarthritis, degenerative disc disease, chronic obstructive pulmonary disease, fibromyalgia, and morbid obesity. In 2010, Spicher applied for Social Security Disability Insurance Benefits and…
Date: August 2, 2018
Docket Number: 17-2626
Justia Opinion Summary: Since 2003, Smith has worked behind the meat counter at Rosebud, a local grocery store. After several years of ongoing sexual and racial harassment from his male coworkers and supervisor, Smith sued, citing Title VII of…
Date: August 2, 2018
Docket Number: 17-3541
Justia Opinion Summary: A class action stemming from Southwest’s decision to stop honoring drink vouchers for “business select” customers settled with the customers receiving replacement vouchers. The Seventh Circuit affirmed, holding that 28…
Date: July 31, 2018
Docket Number: 17-1253
Justia Opinion Summary: Galindo, a lawful permanent U.S. resident, had Kentucky convictions for possession of drug paraphernalia and was charged with removability under 8 U.S.C. 1227(a)(2)(B)(i). The IJ applied the categorical approach, under…
Date: July 31, 2018
Docket Number: 17-1283
Justia Opinion Summary: Abu-Shawish, the executive director of a non-profit organization, received a federally-funded (HUD) grant for a plan for revitalizing a Milwaukee street, submitting a plan that was “essentially identical” to a plan…
Date: July 31, 2018
Docket Number: 17-1980
Justia Opinion Summary: Gianino Plastering operated in St. Louis for over 30 years but abruptly closed in 2012. Gianino’s son, Curt, who had worked at Gianino Plastering for over a decade, founded his own company, CWG, taking on some of…
Date: July 31, 2018
Docket Number: 17-2746
Justia Opinion Summary: Sembhi, a citizen of India, entered the U.S. in 1995 and overstayed his non-immigrant visa. Two years later, after he unsuccessfully sought asylum, Sembhi was charged as removable. Sembhi expected to obtain an I-130 visa…
Date: July 30, 2018
Docket Number: 15-3764
Justia Opinion Summary: Hamer, a former Intake Specialist for Housing Services and Fannie Mae, sued her former employers, citing the Age Discrimination in Employment Act, 29 U.S.C. 621, and Title VII, 42 U.S.C. 2000e. The court granted the…
Date: July 30, 2018
Docket Number: 17-2141
Justia Opinion Summary: Wheelchair-using detainees sued Cook County, alleging violations of the Americans with Disabilities Act and the Rehabilitation Act, based on purportedly inaccessible ramps and bathroom facilities at six county…
Date: July 30, 2018
Docket Number: 17-2263
Justia Opinion Summary: Defendant, a long-time leader of the Chicago-area Latin Kings street gang, had 10 convictions, including a 2008 Illinois conviction for aggravated unlawful use of a weapon. He served his prison sentence; the statute was…
Date: July 30, 2018
Docket Number: 17-2537
Justia Opinion Summary: Lee was sentenced to life imprisonment. His sentence was reduced for his substantial assistance to the government and was later reduced to 112 months because of a retroactive Sentencing Guidelines change. After he was…
Date: July 30, 2018
Docket Number: 17-2568
Justia Opinion Summary: Indiana Child Protective Services removed Swallers’s daughter from his custody. Swallers responded with a deluge of federal filings and filed “Common Law Liens” (each $10,000,000) against all the judges in the Southern…
Date: July 30, 2018
Docket Number: 17-3436
Justia Opinion Summary: The husband of the attorney representing the ex-wife of Perillo’s boyfriend called 911. Perillo was arrested in possession of multiple weapons and disguises while hiding in the caller’s SUV. Perillo was released on bond…
Date: July 27, 2018
Docket Number: 17-2086
Justia Opinion Summary: Camp Drug Store filed a proposed class action, alleging that Cochran Wholesale had violated the Telephone Consumer Protection Act, 47 U.S.C. 227, by faxing unsolicited advertisements to class members. The parties entered…
Date: July 26, 2018
Docket Number: 16-3131
Justia Opinion Summary: In 2006, plaintiffs purchased a 400-acre Barrington horse farm with Amcore financing. In 2009, Amcore filed for foreclosure in Illinois state court. Amcore failed and the FDIC became its receiver. BMO bought Amcore’s…
Date: July 26, 2018
Docket Number: 17-1002
Justia Opinion Summary: Blackwell stole cash and drugs from Thomas. To punish her and recover his cash and drugs, Thomas kidnapped Blackwell’s younger brother and sister in Indiana and had them taken to Michigan and Kentucky before law…
Date: July 26, 2018
Docket Number: 17-1521
Justia Opinion Summary: Doe claims that she was sexually assaulted by a security guard at her middle school while she was in eighth grade. She filed suit under Title IX, 20 U.S.C. 1681(a). To obtain damages, Doe was required to prove that a…
Date: July 26, 2018
Docket Number: 17-2847
Justia Opinion Summary: In 2006, Entertainment USA sold cellular telephones and service contracts in central Pennsylvania through a network of retail dealers. Moorehead, an Indiana company, sought to break into that geographic market by…
Date: July 26, 2018
Docket Numbers: 17-2852, 17-1579
Justia Opinion Summary: Singh entered the U.S. in 1993. An IJ denied his applications for asylum and withholding of removal (alleging religious persecution) and issued an exclusion order. Before the BIA ruled, he married a U.S. citizen. In…
Date: July 25, 2018
Docket Number: 17-1883
Justia Opinion Summary: Indiana requires that, at least 18 hours before a woman has an abortion, she must be given information provided by the state about the procedure, facts about the fetus and its development, and alternatives to abortion.…
Date: July 25, 2018
Docket Number: 17-2005
Justia Opinion Summary: For five years, DeHaan, a licensed family‐practice physician working in the Chicago and Rockford areas, was affiliated with agencies providing medical services to homebound patients, and served as medical director of…
Date: July 25, 2018
Docket Number: 17-2562
Justia Opinion Summary: Berkowitz's company, Complete Packaging, holds a General Service Administration (GSA) multiple award schedule contract, under which it sells office supplies to government agencies. The defendants hold competing GSA…
Date: July 24, 2018
Docket Numbers: 17-1626, 17-1778, 17-1953, 17-1969, 17-1984, 17-2857
Justia Opinion Summary: In 2011-2012 a million people received phone calls asking them to take political surveys in exchange for a chance to go on a free cruise. Some recipients filed a class action under the Telephone Consumer Protection Act,…
Date: July 24, 2018
Docket Number: 17-2476
Justia Opinion Summary: In 2005, World Outreach, a Christian religious organization, purchased a Chicago building from the YMCA, which had operated a community center and 168 single-room occupancies (SROs) for 80 years. The community center was…
Date: July 24, 2018
Docket Number: 17-2814
Justia Opinion Summary: Davis was convicted of two counts of being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). Count One arose from an incident on July 20, 2016. Davis got into a fight at the home of Jackie and Wamue. Police…
Date: July 24, 2018
Docket Number: 17-2857
Date: July 19, 2018
Docket Number: 17-1627
Justia Opinion Summary: Lambert applied for Disability Insurance Benefits in 2012 at age 41 alleging disabling lower back pain. In 2004 discs in his lumbar spine had been surgically fused with a rod. In 2008 surgeons repaired the rod. In 2010…
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