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7th Circuit Digest

Jun 11, 2019

Asset Forfeiture – Bank Credit

Dr. Sushil Sheth amassed significant wealth as a cardiologist, but, as he later admitted in a plea agreement, he did so in a scheme to overbill government and private insurers by approximately $13 million.

Jun 11, 2019

Plea & Sentencing – Probable Cause

Antoine Richmond entered a conditional plea of guilty to possessing a firearm as a felon.

Jun 10, 2019

ALJ Error – Equitable Tolling

John Sparre, a locomotive engineer who previously worked for Norfolk Southern Railway Company, challenges the final orders and judgments entered in his lawsuit asserting violations of the Federal Railroad Safety Act, 49 U.S.C. § 20109.

Jun 10, 2019

Injunctive Relief

Antonio Lopez-Aguilar brought this action against the Marion County Sheriff’s Department (“the Sheriff’s Department”), Sheriff John R. Layton, in both his official capacity and his individual capacity, and a sergeant of the Sheriff’s Department, in his individual capacity (together, “the defendants”).

Jun 10, 2019

Time-barred

The district court found that Spectrum Brands, Inc. (“Spectrum”) violated section 15(b) of the Consumer Product Safety Act (“CPSA” or the “Act”), 15 U.S.C. § 2064(b)(3), when its subsidiary failed to timely report to the government a potentially hazardous defect in its Black & Decker SpaceMaker coffeemaker despite years’ worth of consumer complaints about the product.

Jun 10, 2019

Breach of Fiduciary Duty

In the fall of 2011 Caterpillar Inc. began making serious inquiries about the possible acquisition of a Chinese mining company, ERA Mining Machinery Ltd., and its wholly‐owned subsidiary, Zhengzhou Siwei Mechanical & Electrical Equipment Manufacturing Co., Ltd. (We refer to the two companies as “Siwei” for simplicity.)

Jun 10, 2019

Court Error – Sufficiency of Evidence

A jury found Ronnie Cosby guilty of several sex-related offenses, including transporting T.L., a minor, from Illinois to Indiana with the intent that she engage in prostitution.

Jun 10, 2019

Immigration – Jurisdiction

In 2007, Victor Martin Villa Serrano (“Villa”) reentered the United States after having been removed in 2005.

Jun 10, 2019

Title VII Violation – Discrimination

For nearly thirteen years, Dr. Yelena Levitin performed surgeries at Northwest Community Hospital in Arlington Heights, Illinois.

Jun 10, 2019

ALJ Error – Disability Benefits

Christopher Jozefyk applied for Disability Insurance Benefits and Supplemental Security Income, claiming disability based on several physical and mental conditions, including degenerative changes in his cervical spine, lumbar strain, obesity, affective disorder, and anxiety disorder.

Jun 3, 2019

Court Error – Admittance of Evidence

Plaintiff Johnny Webber was cut‐ ting down a tree on defendant Roger Butner’s property when a branch fell and hit Webber on the head, causing severe injuries.

Jun 3, 2019

Abuse of Discretion – 8th Amendment violation

James Pennewell is a Wisconsin state prisoner who became legally blind while incarcerated.

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