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7th Circuit Digest

Dec 19, 2017

Class Action – Fair Labor Standards Violation

Plaintiffs‐appellants brought this collective and class action lawsuit against Jimmy John’s on behalf of all assistant store managers nationwide for violations of the Fair Labor Standards Act (“FLSA”).

Dec 19, 2017

Statutory Interpretation

Following his convictions for drug and firearms crimes, Michael Hill was sentenced to 276 months’ imprisonment as an armed career criminal.

Dec 19, 2017

Statutory Interpretation

These appeals, which we have consolidated for decision, present the question whether a conviction for residential burglary in Illinois under 720 ILCS 5/19-3 (1982) counts as “burglary” for the purpose of the Armed Career Criminal Act, 18 U.S.C. §924(e).

Dec 19, 2017

Sentencing Guidelines

Maurice Collins pled guilty to distributing cocaine and at least 28 grams of crack cocaine in violation of 21 U.S.C. § 841(a)(1).

Dec 19, 2017

Statute of Limitations – Rescission

In 2007 James Fendon borrowed money from Bank of America; the loan was secured by a mortgage on his home.

Dec 19, 2017

Title VII Violation

Kerrie Milligan alleges that Morgan Stanley Smith Barney (“Morgan Stanley”) fired her on the basis of her sex and that it allowed her coworkers to create a hostile work environment.

Dec 19, 2017

1st Amendment Violation

Plaintiffs Larry Kemp and Brian Woodring were Jewish inmates at prisons operated by the Indiana Department of Corrections (“DOC”).

Dec 19, 2017

Insurance Claim – Duty to Defend

In this insurance dispute, insurer State Auto Property and Casualty Insurance Company seeks a declaratory judgment that it has no duty to defend insured Brumit Services, Inc., because the latter failed to provide prompt notice of an accident that eventually led to a lawsuit.

Dec 13, 2017

Ineffective Assistance of Counsel

A jury found Daniel Sullivan and his brother John guilty of two counts of committing wire fraud in connection with a home-remodeling scheme they operated for several years.

Dec 13, 2017

Habeas Corpus Appeal – Lack of Precedent

Petitioner Brendan Dassey confessed on videotape to participating in the 2005 rape and murder of Teresa Halbach and the mutilation of her corpse.

Dec 13, 2017

Statutory Interpretation

The Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), imposes a 15-year minimum sentence on defendants convicted of illegally possessing a firearm, see id. § 922(g)(1), who also have at least three prior convictions for a “violent felony” or a “serious drug offense.”

Dec 13, 2017

Double Jeopardy Clause

To convict Gries and McCullars of the enterprise offense, the government had to prove that they committed three or more crimes against children “in concert” with three or more persons.

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