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Civil Digest

Jan 2, 2019

Ineffective Assistance of Counsel

Steven L. Buckingham appeals from the judgment of conviction, following a jury trial, convicting him of one count of first-degree reckless injury with use of a dangerous weapon, and two counts of felony bail jumping.

Dec 31, 2018

FDCPA Violation

Anne O’Boyle claimed a debt collection letter sent by Real Time Resolutions, Inc.

Dec 31, 2018

Antitrust Violation

Oligopolies have always posed problems for conventional antitrust law: without something that can be called an agreement, they elude scrutiny under section 1 of the Sherman Act, 15 U.S.C. § 1, and yet no individual firm has enough market power to be subject to Sherman Act section 2, 15 U.S.C. § 2.

Dec 31, 2018

4th Amendment Violation

A drug deal went wrong. After receiving a dose of pepper spray from his customer, Edward Bishop shot her in the arm.

Dec 31, 2018

ALJ Error – Citation and Penalty

Neighbors Rehabilitation Center is a skilled nursing facility participating in Medicare and Medicaid.

Dec 31, 2018

Sentencing Guidelines

Lorenzo Roundtree was sentenced to life in prison for selling heroin that led to a user’s death.

Dec 31, 2018

Brady Violation

Nathaniel Hoskins, Julian Martin, and Torrie King were members of the Imperial Insane Vice Lords, a gang in Chicago.

Dec 31, 2018

Breach of Contract

This breach of contract action comes to us in admiralty jurisdiction.

Dec 31, 2018

Abuse of Discretion – Collective Bargaining Agreement

When this case was last before our court, we upheld the district court’s decision declining to certify a class of home health care assistants (“the Assistants”) who were seeking a refund of the fair-share fees they had paid to a union for collective-bargaining representation.

Dec 31, 2018

Qualified Immunity

We consider whether the district court erred at summary judgment in denying qualified immunity to a police officer who, in the context of an argument and fist fight over parking tickets, shot a semi-truck driver.

Dec 31, 2018

Abuse of Discretion – TCPA Violation – Class Certification

These appeals, which we have consolidated for purposes of disposition, both concern the Federal Communication Commission’s “Solicited Fax Rule.”

Dec 31, 2018

Sentencing Guidelines – Enhancement

Robert Taylor pleaded guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B).

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