2018 Seventh Circuit US Court of Appeals Case Law

Opinions 1001 - 1093 of 1093

Firestone Financial Corp. v. Meyer  
Date: February 1, 2018
Docket Numbers: 17-1712, 17‐1611

Justia Opinion Summary: Meyer, a disbarred lawyer, owns JHM, which installed and maintained laundry machines in apartment buildings; Dolphin, which sold commercial laundry equipment to JHM and others; and JH Meyer, which operated a laundry…

LaShawn Lofton v. SP Plus Corporation
Date: February 1, 2018
Docket Number: 17-1745
Michelle Lundy v. Hebron House of Hospitality
Date: February 1, 2018
Docket Number: 17-2388
Robert Espinoza v. USA
Date: February 1, 2018
Docket Number: 17-3279
James Daher, Jr. v. Mark Sevier
Date: January 31, 2018
Docket Number: 16-2174
Catinella v. Cook County  
Date: January 31, 2018
Docket Number: 16-2278

Justia Opinion Summary: In a complaint described as “disjointed and murky at best,” Catinella alleged that he worked for Cook County, 1994-2013, and in 2009, was promoted to a supervisory position. In 2013, Catinella was questioned regarding a…

Goldberg v. United States  
Date: January 31, 2018
Docket Number: 16-3032

Justia Opinion Summary: The plaintiffs formed the Fredericksburg partnership to search for oil and contracted with Kraft for management services. The IRS began a criminal investigation of the partnership, Kraft, and Kraft principals Valeri and…

Correa-Diaz v. Sessions  
Date: January 31, 2018
Docket Number: 16-3198

Justia Opinion Summary: Correa-Diaz, born in 1986 and a citizen of Mexico, entered the U.S. as a minor without parole. In 2004, Correa-Diaz, age 18, was arrested, based on a police officer’s observation of his conduct, in an automobile, with a…

Ariel Investments, LLC v. Ariel Capital Advisors LLC
Date: January 31, 2018
Docket Number: 17-1516
Reinbold v. Thorpe  
Date: January 31, 2018
Docket Number: 17-1766

Justia Opinion Summary: Timothy and Belva Thorpe bought an Illinois house as joint tenants in 1987. They lived in that home until after Belva filed for divorce in October 2012. Timothy filed for bankruptcy protection in June 2013. A month…

Frank Wilson, Sr. v. Megan Brennan
Date: January 31, 2018
Docket Number: 17-2378
Ariel Investments, LLC v. Ariel Capital Advisors LLC  
Date: January 31, 2018
Docket Numbers: 17-2645, 17-1516

Justia Opinion Summary: Ariel Investments, based in Illinois and doing business nationally, and Ariel Capital, based in Florida, both manage money for clients. Investments has used its name since 1983; Capital only since 2014. In a suit under…

Frank Wilson, Sr. v. Megan Brennan
Date: January 31, 2018
Docket Number: 17-2659
USA v. Dustin Decker
Date: January 31, 2018
Docket Number: 17-2840
Bunch v. United States  
Date: January 30, 2018
Docket Number: 16-3775

Justia Opinion Summary: In 1995, fire consumed Bunch’s home, killing her three-year-old son. Kinard, an ATF forensic chemist analyzed samples from the house; his draft report stated that no accelerants were present where the Indiana Fire…

Haze v. Kubicek  
Date: January 30, 2018
Docket Number: 17-1037

Justia Opinion Summary: Haze was ticketed for disorderly conduct after he clashed with Milwaukee Police Officer Kubicek outside the Bradley Center on the night of a Bucks game. Kubicek suspected that Haze was involved in scalping and was…

Wanda Torrence v. United States Bankruptcy Cour
Date: January 30, 2018
Docket Number: 17-3002
Delgado v. Merit Systems Protection Board  
Date: January 29, 2018
Docket Number: 16-1313

Justia Opinion Summary: Delgado, an ATF agent, alleges that his supervisors retaliated against him after he reported his suspicions that another agent improperly shot at a fleeing suspect, provided an inaccurate report, and testified falsely…

Jose Hernandez-Jimenez v. Jefferson B. Sessions III
Date: January 29, 2018
Docket Number: 17-1105
Milchtein v. Chisholm  
Date: January 29, 2018
Docket Number: 17-1420

Justia Opinion Summary: The Milchteins have 15 children. The two eldest refused to return home in 2011-2012 and were placed in foster care by Wisconsin state court orders. In federal court, the Milchteins argued that state officials violated…

Donyall White v. Wendy Knight
Date: January 29, 2018
Docket Number: 17-1681
Dunn v. Menard, Inc.  
Date: January 29, 2018
Docket Number: 17-1870

Justia Opinion Summary: Dunn and his adult son, Erik, visited a Menard store to purchase rolled insulation. He was a frequent customer. After paying for 21 rolls, Dunn was told to drive an adjoining self‐service warehouse to load his purchase. …

Miscevic v. Estate of M.M.  
Date: January 29, 2018
Docket Number: 17-2022

Justia Opinion Summary: Anka has a history of serious mental illness, including paranoid delusions, and has received mental health treatment. Anka killed her husband, Zeljko. The couple's child, M., was 13. The trial judge determined that the…

Kelvin Norwood v. Imhotep Carter
Date: January 26, 2018
Docket Number: 15-2138
Mueller v. Apple Leisure Corp.  
Date: January 26, 2018
Docket Number: 16-2885

Justia Opinion Summary: Apple Leisure specializes in packaged travel sales and resort management. In 2011 Scott and Natasha Mueller purchased an Apple all-inclusive honeymoon trip to Secrets Resort in Punta Cana, Dominican Republic, through a…

Zhakypbaev v. Sessions  
Date: January 26, 2018
Docket Number: 17-1459

Justia Opinion Summary: Zhakypbaev, a citizen of Kyrgyzstan, was admitted to the U.S. in 2012 as a nonimmigrant student to attend the Computer Systems Institute. His wife and three daughters were admitted based on his status. He did not attend…

United States v. Olson  
Date: January 25, 2018
Docket Number: 16-3583

Justia Opinion Summary: The Seventh Circuit reversed defendant's conviction and remanded to the district court for further proceedings. In this case, the district court granted defendant's motion to withdraw his guilty plea and proceeded to…

Snow v. Pfister  
Date: January 25, 2018
Docket Number: 17-1113

Justia Opinion Summary: Little was shot to death at a gas station in 1991. Martinez and Luna claimed to have seen a man around the station at the time. Weeks later, Snow was arrested for robbing a different gas station. According to officers,…

United States v. Tingle  
Date: January 25, 2018
Docket Number: 17-1604

Justia Opinion Summary: Indiana State Police conducted controlled buys at Tingle’s residence, then executed a search warrant. They found 165 grams of methamphetamine, digital scales, $5,520 in cash in the house plus $1,190 on Tingle’s person,…

Warciak v. Subway Restaurants, Inc.  
Date: January 25, 2018
Docket Number: 17-1956

Justia Opinion Summary: In 2006, Warciak’s mother signed an agreement with T-Mobile to begin cell phone service. In 2012, she signed another agreement when she purchased a new phone. Each agreement contained an arbitration clause. Although…

Charles Pollock, Jr. v. USA
Date: January 24, 2018
Docket Number: 17-1006
Perez-Montes v. Sessions  
Date: January 24, 2018
Docket Number: 17-2520

Justia Opinion Summary: Perez-Montes, a citizen of Mexico, entered the U.S. in 1989 as a lawful permanent resident. In 2001 he joined the Army and served two tours in Afghanistan. He received a general discharge under honorable conditions. He…

Toll Processing Services, LLC v. Kastalon, Inc.  
Date: January 23, 2018
Docket Number: 15-3187

Justia Opinion Summary: A “pickle line” processes hot rolled steel coil through acid tanks to remove impurities. In 2006, Toll purchased a used pickle line, in need of repair. Kastalon had previously serviced the machine. In 2008, Kastalon…

USA v. Shane Schmutte
Date: January 23, 2018
Docket Number: 16-2176
United States v. Mancillas  
Date: January 23, 2018
Docket Number: 17-1254

Justia Opinion Summary: After a neighbor saw him brandishing a gun during an argument with his girlfriend and heard gunshots, Mancillas was convicted of two counts of possessing ammunition as a felon, 18 U.S.C. 922(g)(1). He was sentenced to a…

William Hurt v. Matthew Wise
Date: January 23, 2018
Docket Number: 17-1771
Hurt v. Vantlin  
Date: January 23, 2018
Docket Numbers: 17-1777, 17-1771

Justia Opinion Summary: Andrea (age 16), Deadra (19), and William (18) Hurt were arrested after their uncle, Golike, was found dead beside the Ohio River. Golike had been diagnosed with paranoid schizophrenia and, days before his death, had…

Hamdan v. Indiana University Health North Hospital, Inc.  
Date: January 22, 2018
Docket Number: 16-1074

Justia Opinion Summary: After complaints about his professionalism, Indiana University Hospital required Dr. Hamdan, a U.S. citizen of Palestinian descent, to participate in a peer-review process, which resulted in disciplinary letters. Hamdan…

McCoy v. Chicago Heights Election Commission  
Date: January 22, 2018
Docket Number: 16-3463

Justia Opinion Summary: In 1987, African‐Americans filed suit against Chicago Heights, alleging dilution of voting opportunity. The election practices at issue were found to violate the Voting Rights Act, 52 U.S.C. 10101. Appellants split from…

USA v. DeCarlos Frazier
Date: January 22, 2018
Docket Number: 16-4049
Richard Lewis v. Michael Stephens
Date: January 22, 2018
Docket Number: 17-1285
Keith Roberts v. Nancy Berryhill
Date: January 22, 2018
Docket Number: 17-1533
USA v. Rick Brown
Date: January 19, 2018
Docket Number: 15-3117
United States v. Talaga  
Date: January 19, 2018
Docket Numbers: 15-3261, 15-3117

Justia Opinion Summary: Brown, the manager of a company that provided home physician visits, and Talaga, who handled the company’s billing, were convicted of conspiracy to commit health-care fraud, 18 U.S.C. 1349; six counts of health-care…

Rodney Guilbeau v. Pfizer Inc.
Date: January 19, 2018
Docket Number: 17-2056
Guilbeau v. Pfizer Inc.  
Date: January 19, 2018
Docket Number: 17-2056

Justia Opinion Summary: Testosterone replacement drugs have been FDA-approved prescription drugs for more than 60 years. In recent years, manufacturers have found a new market: older men. Numerous lawsuits were filed against manufacturers…

Wendell Johnson v. USA
Date: January 18, 2018
Docket Number: 16-2356
Glen Armstrong, Sr. v. BNSF Railway Company
Date: January 18, 2018
Docket Number: 16-3674
Segovia v. United States  
Date: January 18, 2018
Docket Number: 16-4240

Justia Opinion Summary: The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) requires states to permit "overseas voters" to vote by absentee ballot in federal elections, 52 U.S.C. 20302(a)(1). An “overseas voter” resides outside the…

Armstrong v. BNSF Railway Co.  
Date: January 18, 2018
Docket Numbers: 17-1088, 16‐3674

Justia Opinion Summary: Armstrong, a BNSF train conductor, was not wearing the proper uniform for the third time in two weeks. Armstrong’s supervisor, Motley, noticed and called him into the “Glasshouse” office. Nelson left the Glasshouse as…

United States v. Henshaw  
Date: January 18, 2018
Docket Number: 17-1628

Justia Opinion Summary: The DEA arrested Henshaw during a cocaine purchase; he had $3,174 in cash. In Henshaw’s residence, agents found $55,090 in cash, 750 grams of marijuana, and five ecstasy pills. Henshaw acknowledged that he was a…

Plaintiff v. Defendant
Date: January 18, 2018
Docket Number: 17-2037
Johnson v. Madigan  
Date: January 17, 2018
Docket Number: 16-3189

Justia Opinion Summary: Johnson was convicted of rape, deviate sexual assault and aggravated kidnapping in 1983. As required by Illinois law, he registered as a sex offender for 10 years. In 2011, Illinois amended its Sex Offender Registration…

Mohamed Gaffoordeen v. Jefferson B. Sessions III
Date: January 17, 2018
Docket Number: 17-1602
Boucher v. Finance System of Green Bay, Inc.  
Date: January 17, 2018
Docket Number: 17-2308

Justia Opinion Summary: Plaintiffs, Wisconsin residents, incurred and defaulted on debts for medical services. Plaintiffs’ creditors assigned these debts to FSGB, a collection agency. FSGB sent plaintiffs letters stating: As of the date of this…

United States v. Adams  
Date: January 16, 2018
Docket Number: 16-2928

Justia Opinion Summary: Adams, age 20, was a member of the Vice Lords gang and had a lengthy criminal record. Officers stopped Adams on a probation warrant, then retraced his steps to where they first spotted him.They found a semiautomatic…

United States v. Gumila  
Date: January 16, 2018
Docket Number: 16-3111

Justia Opinion Summary: Gumila, the head of clinical operations for a company that provided home medical care to the elderly, was convicted of 21 counts of health-care fraud, 18 U.S.C. 1347 and three counts of making a false statement in a…

Sanchez v. City of Chicago  
Date: January 16, 2018
Docket Number: 16-3546

Justia Opinion Summary: Officers Garcia and Murphy observed Sanchez fail to stop his van as required at intersections and fail to maintain his lane; his sliding door was completely open. Garcia activated his siren and lights. Sanchez did not…

Khan v. Midwestern University  
Date: January 16, 2018
Docket Number: 17-1055

Justia Opinion Summary: Khan failed three courses in her first year of medical school at The Chicago College of Osteopathic Medicine. Ordinarily, under the school policy, this would permit the school administrators to dismiss her from the…

Arun Veluchamy v. Bank of America, N.A.
Date: January 12, 2018
Docket Number: 15-2902
Veluchamy v. Bank of America, N.A.  
Date: January 12, 2018
Docket Numbers: 15-2908, 15-2902, 15-3815, 16-3496

Justia Opinion Summary: The “senior Veluchamys” earned great wealth in business. They acquired two banks in the 1990s and merged them. When the bank suffered financial problems, the senior Veluchamys personally borrowed and guaranteed loans…

Parameswari Veluchamy v. Bank of America, N.A.
Date: January 12, 2018
Docket Number: 15-3815
Parameswari Veluchamy v. Bank of America, N.A.
Date: January 12, 2018
Docket Number: 16-3496
Restoration Risk Retention Group, Inc. v. Gutierrez  
Date: January 12, 2018
Docket Number: 17-1016

Justia Opinion Summary: Risk retention groups (RRGs) insure only their owners. The Products Liability Risk Retention Act encourages manufacturers to pool their resources into RRGs and explicitly preempts state laws that inhibit the formation of…

United States v. Wilson  
Date: January 12, 2018
Docket Number: 17-1076

Justia Opinion Summary: Wilson was the Director, Chairman of the Board, President, and CEO of Imperial, which acquired e-Bio, which ran a fraud scheme, "Alchemy." It involved purchasing biodiesel from a third party and reselling it as though it…

Hyatt Franchising, L.L.C. v. Shen Zhen New World I, LLC  
Date: January 12, 2018
Docket Number: 17-2071

Justia Opinion Summary: Shen Zhen was to renovate a Los Angeles hotel and operate it using Hyatt’s business methods and trademarks. Later, Hyatt declared that Shen Zhen was in breach. An arbitrator concluded that Shen Zhen owes Hyatt $7.7…

Oilgear Co. v. Hitt  
Date: January 12, 2018
Docket Number: 17-2534

Justia Opinion Summary: As Oilgear’s CEO, Hitt held restricted stock. When Hitt left his position in 2014, Oilgear exercised its option to repurchase the shares. Oilgear and Hitt agreed that he would receive $753,000: $108,000 immediately and…

Baer v. Neal  
Date: January 11, 2018
Docket Number: 15-1933

Justia Opinion Summary: Baer admitted that he murdered a 24-year-old woman and her four‐year‐old daughter in their home. He did not know the victims. Convicted of two murders, robbery, theft, and attempted rape, he was sentenced to death. He…

Verfuerth v. Orion Energy Systems, Inc.  
Date: January 11, 2018
Docket Number: 16-3502

Justia Opinion Summary: Verfuerth, the founder and former CEO of Orion, had disputes with Orion’s board of directors, involving outside counsel's billing practices, potential patent infringement, potential conflicts of interests involving a…

Sarah Davis v. Nancy A. Berryhill
Date: January 11, 2018
Docket Number: 16-3675
Banco Panamericano, Incorporat v. City of Peoria, Illinois  
Date: January 11, 2018
Docket Number: 17-1019

Justia Opinion Summary: In 1995, Peoria signed a lease that allowed RTC to construct and operate a gas conversion project at the city’s landfill, providing that when the lease terminated, the city had an absolute right to retain, at no cost,…

Brotherhood of Locomotive Eng v. Union Pacific Railroad Compan
Date: January 11, 2018
Docket Number: 17-1563
Plaintiff v. Defendant  
Date: January 11, 2018
Docket Number: 17-1648

Justia Opinion Summary: Sharareh fled Iran in 1986, became a naturalized citizen of Norway, and married a Norwegian citizen. In 1999, using a Norwegian passport, Sharareh entered the U.S. She applied for asylum, stating that she was an Iranian…

Laborers' Pension Fund v. W.R. Weis Company, Inc.  
Date: January 8, 2018
Docket Numbers: 16-2079, 16-2944

Justia Opinion Summary: Weis, a stonework firm, was required by a collective-bargaining agreement (CBA) to contribute to the Laborers’ Pension Fund for each hour worked by Union members. Weis complied for many years, then began using more…

Laborers' Pension Fund v. W.R. Weis Company, Inc.
Date: January 8, 2018
Docket Number: 16-2944
Danny McFadden v. Nancy Berryhill
Date: January 8, 2018
Docket Number: 17-1597
USA v. Christopher R. Seals
Date: January 8, 2018
Docket Number: 17-2118
Ray Fuller v. Jefferson Sessions III
Date: January 8, 2018
Docket Number: 17-3176
Fuller v. Sessions  
Date: January 8, 2018
Docket Number: 17-3176

Justia Opinion Summary: The Seventh Circuit previously concluded that it lacked jurisdiction to review the BIA’s characterization of Fuller’s conviction for attempted criminal sexual assault as a “particularly serious crime,” under 8 U.S.C.…

USA v. Calvin Williams
Date: January 5, 2018
Docket Number: 15-3501
Gerstner v. Berryhill  
Date: January 5, 2018
Docket Number: 16-4007

Justia Opinion Summary: Gerstner, age 27, applied for disability insurance benefits and supplemental security income was denied. An administrative law judge found that she was severely impaired by anxiety, bipolar disorder, panic disorder,…

William Hinton v. Edward Goewey
Date: January 5, 2018
Docket Number: 17-1404
Easterling v. Thurmer  
Date: January 5, 2018
Docket Number: 17-1581

Justia Opinion Summary: Easterling, a Wisconsin inmate with convictions for sexually assaulting a minor and armed robbery, sued correctional officials under 42 U.S.C. 1983, contending that they violated his constitutional rights to due process…

Curt Gilgenbach v. State of Illinois
Date: January 5, 2018
Docket Number: 17-2011
Adama Njie v. Joseph Yurkovich
Date: January 5, 2018
Docket Number: 17-2126
Lipsey v. United States  
Date: January 4, 2018
Docket Number: 17-1063

Justia Opinion Summary: White, pregnant with her tenth child, was charged with federal bank fraud. She failed to appear and was taken into custody when she was 35 weeks pregnant. The U.S. Marshals arranged for her housing at JCDC, which had a…

Haiyan Chen v. Jefferson B. Sessions III
Date: January 4, 2018
Docket Number: 17-1797
Tom Tuduj v. Sanofi-Aventis U.S., LLC
Date: January 4, 2018
Docket Number: 17-1941
Williams v. United States  
Date: January 3, 2018
Docket Number: 16-3715

Justia Opinion Summary: Williams was charged with two counts of Hobbs Act robbery, 18 U.S.C. 1952(a); bank robbery, section 2113(a), (d); and three counts of brandishing a firearm in furtherance of those crimes, section 924(c). On the firearm…

John J. Sullivan v. USA
Date: January 3, 2018
Docket Number: 16-4191
USA v. Macario Viezca
Date: January 3, 2018
Docket Number: 17-2581
Rodrigo v. Carle Foundation Hospital  
Date: January 2, 2018
Docket Number: 16-1403

Justia Opinion Summary: Carle’s medical residency program, which has an employment component, was governed by annual contracts. Residents were required to complete rotations before advancing and to pass the Step 3 U.S. Medical Licensing…

E.F. Transit, Inc. v. Indiana Alcohol and Tobacco Commission  
Date: January 2, 2018
Docket Number: 16-3641

Justia Opinion Summary: E.F., a motor carrier licensed in Indiana to transport beer, wine, and liquor, entered into talks with Indiana Wholesale, a liquor and wine wholesaler, to deliver its wares. Twice the parties sought approval from the…

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