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7th Circuit Digest

Jun 13, 2017

Antitrust

Methodist and Saint Francis are the two largest hospitals in Peoria, Illinois; Saint Francis is considerably larger and more profitable than Methodist.

Jun 13, 2017

Federal Tort Claims Act

The plaintiff began a military career in 1983, serving variously in the Indiana National Guard, the United States Army, and finally the United States Army Reserve, from which he retired, ending his military career, in 2014, by which time he had reached the rank of Captain and served in combat in Iraq.

Jun 13, 2017

Asylum

Petitioner Cirilo Garcia is a native citizen of Honduras currently subject to a reinstated order of removal.

Jun 13, 2017

Sentencing

On January 28, 2016, Francisco Fuentes was charged with one count of illegal reentry by a deported alien in violation of 8 U.S.C. §§ 1326(a) and (b)(2).

Jun 13, 2017

First Amendment violation

The Higher Society of Indiana, a non-profit advocating for the legalization of marijuana, wants to hold a rally on the steps of the Tippecanoe County Courthouse in Lafayette, Indiana.

Jun 13, 2017

Abuse of Discretion

While working on his employer’s roof, Gregory Cripe was exposed to fumes from PUR‐FECT LOK® 834A, a glue made by Henkel Corp. and containing methylene diphenyl diisocyanate (MDI).

Jun 13, 2017

Worker’s Compensation Act – On The Job Injury

The six cases consolidated on appeal all involve claims related to asbestos exposure over thirty years ago at a single Marshfield, Wisconsin plant which produced fire doors.

Jun 13, 2017

Copyright Infringement

This copyright suit shows the difficulty in finding protected creative expression in a crowded field, in this case, architectural design of single‐family homes.

Jun 13, 2017

Sufficiency of Evidence

On July 2, 2015, after a bench trial, Doctor Shanin Moshiri was convicted on one count of receiving illegal remuneration in exchange for referring patients to Sacred Heart Hospital in Chicago, Illinois, in violation of 42 U.S.C. § 1320a–7b(b) (Anti-Kickback Statute).

Jun 13, 2017

Sentencing – Penalty Enhanceer

Daniel Montez appeals his conviction and sentence for possession with intent to distribute cocaine.

Jun 13, 2017

Sentencing – Sentence Reduction

Charles Douglas pleaded guilty to possessing a firearm, which his earlier felony convictions made it illegal for him to have. 18 U.S.C. §922(g)(1).

Jun 5, 2017

Sentencing – Court Error

Jesus Sanchez-Lopez pleaded guilty to unauthorized presence in the United States after removal, see 8 U.S.C. § 1326(a), and was sentenced to twenty-four months’ imprisonment—a term ninety days above the properly calculated guidelines range.

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