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Case Digests – 7th Circuit Court of Appeals

Judge Bias

Avery Smartt had a sexual relationship with a 15-year-old runaway (S.S.) and traveled around the country with her as he worked as an over-the-road trucker.

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Unreasonable Sentence

Jose Oregon owed the Internal Revenue Service (“IRS”) approximately $60,000 in back taxes and penalties but could not afford to pay.

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Whistleblower Complaint

In September 2020, Sanchez filed a whistleblower complaint with the United States Department of Education’s Office of the Inspector General (“OIG”) against his former employer, DuPage Regional Office of Education (“DuPage”).

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Disability Insurance Claim

Plaintiff-appellant Zall worked more than twenty years as a dentist, but chronic pain and numbness in his neck and right arm made it impossible for him to keep working.

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Insurance Defense Costs Obligation

Three insurance companies—Indemnity Insurance Company of North America, Westfield Insurance Company, and Star Insurance Company—dispute their respective obligations to defend a swine farm (Sandstone) in a state court nuisance case.

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Title VII Violation – Retaliation Claim

After completing a 90-day orientation program for newly licensed nurses, Bragg was denied a fulltime position as a Registered Nurse (RN) at Community Hospital, which is operated by Munster Medical Research Foundation.

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Securities – Margin Call

Several affiliated traders set up four accounts with Trean Group, an introducing broker at the Chicago Mercantile Exchange. An introducing broker manages the customer side of the futures-trading business.

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Summary Judgment – Constitutional Rights

Behning, an Illinois prisoner, appeals from the district court’s grant of summary judgment to defendants on his claims that prison guards violated his constitutional rights while responding to his altercation with a prison guard.

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Bankruptcy

Bankruptcy trustees can recover some transfers made to outside parties during the 90 days before the debtor files a petition. 11 U.S.C. §547(b)(4)(A).

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Union Dues Deductions – Contracts

Roman Baro was an English-as-a-second-language teacher for Defendant Waukegan Community School District No. 60 (“the District”) in August 2019 when she signed a union membership form—a contract to join Defendant Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO (“the Union”), the union that represents teachers in the District.

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Sentencing Guidelines

In trying to avoid arrest, appellant Baker ran from police officers, took a loaded firearm out of his waistband, and threw it over a fence into a residential backyard and was sentenced to 72 months and one day in prison after pleading guilty to being a felon in possession of a firearm.

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Sentencing Guidelines

While on supervised release, appellant Yankey admitted to a probation officer that he had used methamphetamine and cocaine.

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4th Amendment Violation-

While driving home to Chicago one night in September 2017, Braun suffered a seizure and crashed into a telephone pole in suburban Palatine.

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Sentencing

After robbing a cellphone store at gunpoint, Jerry pleaded guilty to three crimes, including Hobbs Act robbery.

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Collective Bargaining Agreements-Contracts

Defendant employers Transervice Logistics, Inc. and Zenith Logistics, Inc. agreed that for the entire duration of two collective bargaining agreements, they would make pension contributions on behalf of covered employees to plaintiff Central States, Southeast and Southwest Areas Pension Fund.

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Foreseeability

Fourteen people were charged and convicted for a conspiracy to transport illegal drugs from Georgia for distribution in Kokomo, Indiana. In these consolidated appeals, ten defendants challenge their convictions and/or sentences on a host of issues.

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Class Action-Illinois Biometric Privacy Act

HyreCar is an intermediary between people who own vehicles and other people who would like to drive for services such as Uber and GrubHub. Before leasing a car, HyreCar tries to ensure that the potential driver is who he says he is and has the license and driving record he claims to have.

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Labor Law

The plaintiffs in this case are 38 firefighters and their union, International Association of Fire Fighters, Local 365 (collectively, the “Fire Fighters”) who sued the City of East Chicago, Mayor Anthony Copeland, and former East Chicago Fire Chief Anthony Serna, alleging that the defendants implemented an undesirable work schedule in retaliation for their protected First Amendment activity.

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42 U.S.C. § 1983-Protection from an Inmate

In 2017, Ramos settled two lawsuits he had brought against Cook County Jail correctional officers under 42 U.S.C. § 1983 alleging a failure to protect Ramos from another inmate and use of excessive force.

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Entrapment- Enticement of a minor

After exchanging hundreds of messages with an FBI agent—who posed first as an 18-year-old woman and then as a 15-year-old girl—and driving to a planned rendezvous at a gas station, appellant Anderson was charged with and convicted of attempted enticement of a minor in violation of 18 U.S.C. § 2422(b).

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