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Civil Digest

Apr 23, 2018

Newly Discovered Evidence

Alejandro Moreno appeals the order of the district court upholding the Social Security Administration’s denial of his applications for Supplemental Security Income and Disability Insurance Benefits.

Apr 23, 2018

ERISA – Pensions

In 2012 Northern Trust changed its pension plan. Until then it had a defined-benefit plan under which retirement income depended on years worked, times an average of each employee’s five highest-earning consecutive years, times a constant.

Apr 23, 2018

Economic Loss – Data Breach – Remedies

In late 2012, hackers infiltrated the computer networks at Schnuck Markets, a large Midwestern grocery store chain based in Missouri and known as “Schnucks.”

Apr 23, 2018

Compensable Damages – Class Action Fairness Act

In 2012 Barnes & Noble discovered that scoundrels had compromised some of the machines, called PIN pads, that it used to verify payment information.

Apr 23, 2018

Sentencing Guidelines

In his third round of appeals, we affirmed defendant Cureton’s convictions and sentences for using a firearm during a crime of violence and related crimes.

Apr 23, 2018

Equal Protection Claim

Illinois law provides that the Mayor of Chicago appoints the City’s Board of Education. 105 ILCS 5/34-3.

Apr 23, 2018

Statutory Interpretation – Real Estate Settlement Procedures Act

Kelly Jean Floyd bought a home in 2004 and lived there with her ex-husband, their four children, and her parents.

Apr 23, 2018

Sentencing Guidelines

During the execution of a search warrant on January 15, 2016, ATF agents found Derrick Bell in possession of a .40 caliber pistol.

Apr 23, 2018

Failure to State Claim

Kathy Haywood and Lia Holt filed this putative class action alleging that Massage Envy Franchising, LLC (“Massage Envy”), committed unfair and deceptive business practices by advertising and selling one‐hour massages but providing massages that lasted only 50 minutes.

Apr 23, 2018

Sentencing Guidelines

On June 27, 2014, Kyle Williams was charged with conspiracy to possess heroin with intent to distribute in violation of 21 U.S.C. §§ 846 and 841(a)(1). In September 2014, Williams entered the Pretrial Alternatives Detention Initiative (PADI), a treatment-based trial diversion program.

Apr 23, 2018

Order Correcting Opinion

The opinion issued in this case on April 2, 2018, is amended as follows: On page 16, line 14, the word “AFFIRMED” is to be followed by the words “in part; VACATED and REMANDED in part.”

Apr 18, 2018

Statutory Interpretation

The Fair Labor Standards Act (FLSA), 52 Stat. 1060, as amended, 29 U. S. C. §201 et seq., requires employers to pay overtime compensation to covered employees.

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