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7th Circuit Digest

Dec 6, 2017

Jurisdiction

Floyd May, a pro se appellant and an Illinois prisoner, claims in this suit under 42 U.S.C. § 1983 that two prison physicians failed to provide constitutionally adequate medical care while treating his non-Hodgkins lymphoma.

Dec 6, 2017

Sentencing Guidelines – Plea Agreement

Donnell Jehan appeals from the order denying his motion under 18 U.S.C. § 3582(c)(2) to reduce his prison sentence for his role in a drug conspiracy.

Dec 6, 2017

Fee-Shifting

In September 2012 Hyatt and Shen Zhen New World I entered into an agreement providing that Shen Zhen would renovate a hotel in Los Angeles and operate it using Hyatt’s business methods and trademarks.

Dec 6, 2017

Court Error – Time Barred Claim

Betco Corporation purchased the as‐ sets of two bioaugmentation companies from Marilyn and Malcolm Peacock.

Dec 5, 2017

Court Error – Postconviction Motion Denied

David Frentz filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 after the Court of Appeals of Indiana affirmed the denial of his petition for postconviction relief in state court.

Dec 5, 2017

Statutory Interpretation – Local Hotel Tax Ordinances

Thirteen Illinois municipalities (“the municipalities”) assert that the Appellees‐Cross‐Appellants, which are online travel agencies (“OTAs”), have withheld money owed to them under their local hotel tax ordinances.

Dec 5, 2017

Immigration – Cancellation of Removal Proceedings

This case presents a question closely connected with one this Court recently decided: when does a conviction for violating a protective order make a person ineligible for the cancellation of removal proceedings?

Dec 5, 2017

Petition for Rehearing

On consideration of the EEOC’s petition for rehearing, the panel has voted unanimously to deny rehearing.

Dec 5, 2017

Negligence Claim – Inland Navigation Rules

At 5:33 in the evening on April 18, 2013, a 14‐barge tow pushed by the M/V Dale A. Heller was sucked into a powerful cross‐current and broke up.

Dec 5, 2017

Structural Error – Voir Dire – Juror Questions

Elmer Wiman was convicted by a jury of robbing a credit union, carrying a firearm during and in relation to a crime of violence (the robbery itself), and possessing a firearm as a felon.

Nov 21, 2017

Non-frivolous Argument

The Union argues in the alternative that MAPS must be a change in policy rather than an application of existing contractual authority because it conflicts with the terms of a separate agreement—Article 18 of the Southern Pacific Western Lines Agreement.

Nov 21, 2017

Sufficiency of Evidence

Attorney Robert DeKelaita thought he had found the perfect recipe for success: identify a niche and become the expert.

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