382 results for 'court:"7th Circuit"'.
Per curiam, the Seventh Circuit denies defendant's request that the court lift his bar on filing any further litigation attacking his conviction to allow him to move for compassionate release. Defendant has no need for such an order as the court's prior sanction does not bar him from filing a motion for a sentence reduction.
Court: 7th Circuit, Judge: Per curiam, Filed On: February 2, 2024, Case #: 21-1154, Categories: Criminal Procedure, Sentencing
J. Wood finds that four Iranian nationals who wish to join their family members who have U.S. citizenship cannot appeal the government's denial of their visa applications. The doctrine of consular nonreviewability precludes judicial review of this action pursuant to Supreme Court precedent and Congress has unambiguously said that exemption determinations are to be left to the Executive's "sole unreviewable discretion." Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: January 31, 2024, Case #: 23-1392, Categories: Administrative Law, Civil Procedure, Agency
J. Rovner finds that the lower court properly dismissed all the prisoners' constitutional claims against prison staff members stemming from his conviction for a prison gang assault. There is no evidence that the prison staff knew the prisoner was actually innocent of any involvement in the assault, so his First Amendment claim fails. Further, the evidence does not support a finding that a white prisoner involved in the assault was treated more favorably. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: January 30, 2024, Case #: 21-1730, Categories: Prisoners' Rights
J. Easterbrook finds that the lower court properly dismissed this suit over a state Covid-19 order requiring personnel in schools to be regularly tested for the disease unless they had been vaccinated as barred by the rule against claim splitting. The school staff members chose to seek equitable relief in state court, but damages in another. However, Illinois law forbids sequential litigation in multiple forums. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: January 29, 2024, Case #: 23-1421, Categories: Choice Of Law, Jurisdiction, Covid-19
J. Pryor finds that the lower court improperly sentenced defendant for attempted enticement of a minor for sexual activity. The court discussed only the seriousness of his offense and not any of his mitigating arguments. Vacated.
Court: 7th Circuit, Judge: Pryor, Filed On: January 26, 2024, Case #: 22-1400, Categories: Sentencing, Sex Offender
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Per curiam, the Seventh Circuit remands this product liability suit stemming from a man's injuries when a Samsung SDI battery exploded in his pocket for further jurisdictional discovery. There is insufficient evidence at this point to determine whether Samsung SDI has minimum contacts in Indiana to be sued in the state. Vacated.
Court: 7th Circuit, Judge: Per curiam, Filed On: January 24, 2024, Case #: 23-1024, Categories: Product Liability, Jurisdiction
J. Wood finds that the lower court improperly granted a prison doctor immunity on an inmate's deliberate indifference claims after he refused to apply anesthetic to remove a screw the inmate had pushed into his own arm. The doctor told the inmate that the pain he would feel was a "consequence" of his actions and persisted in his efforts to remove the screw while the inmate was strapped down despite the inmate's screams. The doctor's unsuccessful efforts to remove the screw took longer than the hospital's successful procedure, which used anesthesia, and suggests that his chosen course of treatment was intended to be punitive. Reversed.
Court: 7th Circuit, Judge: Wood, Filed On: January 23, 2024, Case #: 22-1585, Categories: Constitution, Prisoners' Rights
J. Flaum finds that the lower court properly denied defendant's habeas petition stemming from the state court's decision to answer a jury question ex parte during defendant's criminal trial on robbery charges. The communication did not have a substantial an injurious effect on the jury's verdict. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: January 22, 2024, Case #: 22-3082, Categories: Habeas, Robbery, Jury Instructions
J. Hamilton finds that the attorney's appeal of the lower court's order revoking his pro hac vice admission in this lawsuit must be dismissed. Before the attorney filed this appeal, the parties to this suit reached a settlement agreement resolving all issues between them. The attorney's alleged reputational injury is not sufficient to grant him standing in this appeal.
Court: 7th Circuit, Judge: Hamilton, Filed On: January 22, 2024, Case #: 22-2111, Categories: Administrative Law, Attorney Discipline, First Amendment
J. Hamilton finds that the lower court properly found for the city, ruling that the Madison fire department's physical test for firefighters had a disparate impact on women, but did not violate Title VII because it served the city's legitimate purpose in ensuring that firefighters have the physical abilities to perform in their demanding job. Furthermore, Madison has a higher-than-average rate of hiring and retaining female firefighters, showing that its test performs well at selecting qualified candidates. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: January 22, 2024, Case #: 22-2433, Categories: Civil Rights, Employment Discrimination
J. Ripple finds that the lower court improperly rejected the trade group's tortious interference claims alleging the unlawful manipulation of the price of ethanol because the Nebraska Supreme Court has not explicitly adopted the trade group's theory of damages. A district court is not required to choose the most restrictive interpretation of state law, even if the evidence indicates the state court would choose a less restrictive alternative. If the trade group amends its complaint, the lower court should reexamine its determination of the content of Nebraska law. Vacated.
Court: 7th Circuit, Judge: Ripple, Filed On: January 12, 2024, Case #: 23-1185, Categories: Tort, Choice Of Law, Business Practices
J. St. Eve finds that the lower court properly denied defendant's motion to suppress evidence of drugs, cash, and a gun in his apartment after detectives obtained a search warrant based on a tip he was dealing drugs out of his home. The lower court reasonably found the detectives' testimony credible and any misstatements in the affidavit, which was admittedly deficient, were not reckless or intentional. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: January 12, 2024, Case #: 23-1057, Categories: Drug Offender, Evidence, Search
[Consolidated.] J. Brennan finds that the lower court properly found for the defendant financial services company in a copyright action filed by a client who found out the company was using substantially similar documents for another client's bond offering. The client did not independently draft much of the text in the documents, and the new text it drafted consists entirely of uncopyrightable material. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: January 12, 2024, Case #: 23-1527, Categories: Copyright, Banking / Lending
J. Pryor finds that the lower court properly convicted defendant of making false statements about his loans to financial institutions and ordered him to pay restitution. Defendant claims that his statements may have misrepresented what he owed, but were not outright lies. However, Seventh Circuit precedent from 2019 establishes that misleading representations are also subject to criminal penalties. Affirmed.
Court: 7th Circuit, Judge: Pryor, Filed On: January 8, 2024, Case #: 22-2254, Categories: Fraud, Banking / Lending
J. Kirsch finds that the lower court properly denied the contractor's motion for a new trial after it was found liable for defrauding two homeowners, whom a jury awarded $905,000 in damages. The jury instructions did not improperly instruct the jury that the contractor intended from the outset to punish the homeowners for not completing the contract. Further, the damages award is reasonable because the contractor's actions caused the homeowners not to receive a return of their down payment of $117,000 for five years. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: January 8, 2024, Case #: 22-2267, Categories: Construction, Fraud, Damages
J. Kirsch finds that the lower court improperly ruled that both insurers have a duty to defend the construction contract in a personal injury suit stemming from the collapse of a truss. Burlington Insurance has a duty to defend, but Artisan and Truckers Casualty has no duty to defend because the operations exclusion applies, as the lawsuit alleges the negligent operation of a crane attached to the insured truck. Reversed in part.
Court: 7th Circuit, Judge: Kirsch, Filed On: January 8, 2024, Case #: 22-2683, Categories: Insurance, Contract
J. Hamilton finds that the lower court improperly excluded evidence that defendant, a felon, was found in possession of a firearm with a laser sight attached and that two key witnesses saw the sight activated when defendant brandished the weapon. The government's final proposal to have its witnesses describe the firearm only as having a "glowing red dot" without naming the laser sight should be sufficient to avoid unfair prejudice to the defendant, while maintaining the probative value of the evidence. Reversed.
Court: 7th Circuit, Judge: Hamilton, Filed On: January 5, 2024, Case #: 23-1264, Categories: Evidence, Firearms
J. Kirsch finds that the lower court properly denied defendant's habeas request alleging police did not honor his invocation of his right to remain silent when seeking to interrogate him about a murder. Nine hours elapsed between his first and second interrogations, and 17 hours between the second and third interrogations. Both represent a significant lapse of time, and defendant was given Miranda warnings before the third interrogation, in which he made incriminating statements. Under the circumstances, the police did not seek to undermine defendant's right to remain silent. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: January 5, 2024, Case #: 22-2968, Categories: Habeas, Prisoners' Rights
J. Rovner finds that the lower court properly convicted defendant of being a felon in possession of a firearm. The court reasonably failed to hold a hearing on whether defendant knowingly waived certain rights when entering into a proffer agreement with the government, and allowed a witness to testify about the course of the investigation that led to defendant's arrest. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: January 4, 2024, Case #: 21-3248, Categories: Criminal Procedure, Firearms, Witnesses
J. Scudder finds that the lower court improperly sentenced defendant to a 15-year mandatory minimum sentence. After the Indiana Supreme Court declined to address a certified question, the panel found that defendant's conviction under Indiana's 2002 arson statute does not constitute a violent felony. Therefore, he does not qualify for the mandatory minimum under the Armed Career Criminal Act. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: January 2, 2024, Case #: 22-2278, Categories: Firearms, Sentencing, Arson
J. Ripple finds that the immigration board properly denied the Indian immigrant's application for asylum based on his alleged persecution due to his support of a minority political party that is predominantly Sikh. The medical reports following the immigrant's alleged attack by opposition party members do not support his claim that he suffered broken teeth and needed stitches due to the severity of the beating. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: January 2, 2024, Case #: 23-1192, Categories: Immigration, Agency
J. Wood finds that the lower court properly found for the union in a dispute over its removal of a local's president due to political infighting. The president claims that the stated reasons for her removal were pretextual, and she was really removed for supporting Bernie Sanders instead of Hilary Clinton in the 2018 Presidential campaign. Incessant in-fighting between the local's top two leaders clearly impeded the local's ability to carry out its basic governance functions, and is reason enough to support the international's decision to remove the president from her position. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: December 26, 2023, Case #: 22-2957, Categories: Labor / Unions
J. Brennan finds that the lower court properly upheld the Social Security Administration's decision denying the applicant's request for disability insurance benefits and supplemental security income. The applicant points to 800 pages of new medical evidence as proof that the administrative law judge failed to develop the record, but at the hearing his attorney confirmed that the evidence was complete. The ALJ was not required to investigate a gap in the record when counsel said that the record was complete. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: December 21, 2023, Case #: 22-3084, Categories: Social Security
J. Scudder finds that the lower court properly convicted defendant on firearms and drug offenses. The court's order threatening both defendant and his counsel with criminal contempt if either testified in any way about the domestic violence call that led to the discovery of the gun and drugs is "unsettling" but did not affect the outcome of defendant's trial given the substantial evidence against him. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: December 21, 2023, Case #: 22-3306, Categories: Drug Offender, Firearms, Contempt
Per curiam, the Seventh Circuit finds that the lower court properly dismissed the confined prisoner's civil rights suit challenging his 16-year incarceration under the Sexually Violent Persons Commitment Act. The prisoner must wait until he receives a favorable termination of his civil commitment before seeking relief for his allegedly excessively long confinement. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: December 20, 2023, Case #: 23-1757, Categories: Constitution, Prisoners' Rights
J. Rovner finds that the lower court properly found for the prison officials on civil rights claims stemming from a prisoner's attack on another prisoner. Despite repeatedly asking to be moved away from the attacking prisoner, the prisoner suffered an attack with a key that left him blind in one eye. However, prison officials had no warning that the attacker posed a risk of physical violence beyond his reputation for "mouthing off." Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: December 20, 2023, Case #: 22-1929, Categories: Civil Rights, Prisoners' Rights
J. Hamilton finds that the lower court properly upheld the Social Security Administration's decision not to award the applicant disability insurance benefits because his insured status for those benefits expired five weeks before he was found to have been disabled. The administrative law judge was not required to consult a medical expert to determine whether the applicant became disabled before the dates of his earliest relevant medical records. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: December 19, 2023, Case #: 22-1972, Categories: Administrative Law, Social Security
J. Kirsch finds that the lower court improperly sentenced defendant for drug offenses, finding that he was ineligible for the safety valve because he qualified for a firearms enhancement. Just because a defendant qualifies for a sentencing enhancement does not necessarily mean that he does not qualify for the safety-valve relief. Vacated.
Court: 7th Circuit, Judge: Kirsch, Filed On: December 19, 2023, Case #: 23-2172, Categories: Drug Offender, Sentencing