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7th Circuit Digest

Mar 3, 2020

ADA Violation

Edward Youngman was placed on medical leave from his job with the Peoria County Juvenile Detention Center after he informed his supervisor that he could no longer work shifts in the facility’s control room.

Mar 3, 2020

Breach of Contract – Damages

A New York owner of a fast-food property in Illinois, which was rented by an Arizona tenant, sold the property to buyers in California. Just after the sale, however, the tenant declared bankruptcy and never paid a nickel in rent to its new landlord.

Mar 2, 2020

Court Error – Presentence Investigation Report

Keith Melvin hoped to obtain a copy of his presentence investigation report before his sentencing hearing.

Mar 2, 2020

FLSA Violation – Arbitration Agreements

The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq. (“FLSA”), requires employers to pay overtime wages to certain employees, see id. §§ 207(a), 213.

Mar 2, 2020

Plea Withdrawal – ACCA Violation

Albert Dowthard pleaded guilty to being a felon in possession of a firearm. 18 U.S.C. § 922(g).

Mar 2, 2020

Immigration – Removal Order

Jorge Baez-Sanchez, a citizen of Mexico, is removable as a criminal alien. His conviction for aggravated battery of a police officer renders him inadmissible.

Mar 2, 2020

Immigration – Removal Order

Ismael Rangel-Rodriguez and Eleazar Hernandez-Perdomo are both Mexican citizens who have never been lawfully admitted to the United States.

Mar 2, 2020

Sentencing Guidelines – Enhancement

Police found over 80 grams of red methamphetamine in a car.

Mar 2, 2020

Class Action – FDCPA Violation – Plain Language

Neal Preston brought this putative class action in which he claimed that Midland Credit Management, Inc. (“Midland”), had sent him a collection letter that violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692–1692p.

Mar 2, 2020

Judgment – Liability

The Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., requires the collector of a consumer debt to send the consumer-debtor a written notice containing, among other information, “the name of the creditor to whom the debt is owed.” § 1692g(a)(2).

Feb 10, 2020

Injunction and Declaratory Judgment

The district court issued an injunction requiring Indiana to treat children born into female-female marriages as having two female parents, who under the injunction must be listed on the birth certificate.

Feb 10, 2020

8th Amendment Violation

Patients are often the best source of information about their medical condition.

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