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7th Circuit Digest

Aug 22, 2017

Jurisdiction

Regency Corporation operated for‐profit cosmetology schools in 20 states. Each Regency Beauty Institute offered both classroom instruction and practical instruction in a “Regency Salon,” where members of the public could receive cosmetology services at low prices.

Aug 22, 2017

Bankruptcy – Post-Petition Transfer

This is our fifth appeal dealing with Sentinel. In a pair of cases decided in 2013 and 2016, we addressed the priority of a claim against the bankruptcy estate by the Bank of New York, Sentinel’s largest (but no longer secured) creditor.

Aug 22, 2017

Motion to Suppress Evidence Denied

Police officers searched Chad Hansmeier’s home based on a search warrant and found various drug-dealing paraphernalia.

Aug 22, 2017

Abuse of Discretion

By all accounts, Michele DiCosola was, until 2007, a legitimate business owner.

Aug 22, 2017

Court Error – Class Counsel Fees

Sears, the principal defendant/appellant in this class action suit, challenges the district court’s decision to award the plaintiffs’ attorneys (class counsel) 1.75 times the fees they originally had charged for their work on the case.

Aug 22, 2017

Sufficiency of Evidence

Owens contends that Miller discriminated against him because of his age (61 at the time) and his first suit.

Aug 16, 2017

Fiduciary Liability

This case arises out of the Illinois Gaming Board’s decision to revoke Emerald Casino, Inc.’s gaming license. In an attempt to recover the value of the license, the bankruptcy trustee sued the defendants—former Emerald officers, directors, and shareholders—for breach of contract and breach of their fiduciary duties.

Aug 16, 2017

Motion to Suppress Evidence Denied

Defendant Ronald Johnson entered a conditional guilty plea to one count of possession of heroin with intent to distribute, 21 U.S.C. § 841(a)(1), reserving the right to appeal the denials of his motions to suppress the evidence found in his condominium.

Aug 16, 2017

Writ of Mandamus – Venue

This mandamus petition raises a question of first impression in this circuit: Does ERISA’s venue provision, 29 U.S.C. § 1132(e)(2), preclude enforcement of a forum-selection clause in an employee-benefits plan?

Aug 16, 2017

Wage Payment & Collection Act

Katherine Shaw Bethea Hospital is a not‐for‐profit healthcare provider in Dixon, Illinois.

Aug 16, 2017

Abuse of Discretion

On appeal Chambers argues that Judge Myerscough was wrong to think that she lacked authority to grant his Rule 60(b) motion. He says the judge could have granted relief based on the new and unforeseeable circumstances beyond his control.

Aug 16, 2017

Subject-Matter Jurisdiction and Sufficiency of Evidence

A jury concluded that Wagha and Portfolio (collectively “the Dealers”) had broken their promise to invest the money conservatively, and its verdict awarded Patel $136,000 for breach of contract plus a further $64,000 for securities fraud, for a total of $200,000.

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