U.S. Seventh Circuit - The FindLaw 7th Circuit Court of Appeals Opinion Summaries Blog

October 2009 News

US v. Kenerson, No. 09-1183

District court's denial of defendant's motion to suppress evidence of crack cocaine found in his back jean pocket during a Terry stop is affirmed where: 1) officers had probable cause to stop defendant's vehicle; 2) officers had reasonable suspicion of safety risk for a Terry frisk; and 3) once the officer saw the crack containers in plain view, he had probable cause to seize the contraband and arrest defendant.     

Read US v. Kenerson, No. 09-1183

Appellate Information

Appeal from the United States District Court for the Central District of Illinois

Decided October 30, 2009

Judges

Before:  Posner, Flaum, and Rovner, Circuit Judges

Opinion by Flaum, Circuit Judge

US v. Harris, No. 08-4026

Conviction of defendant for possession of cocaine with intent to distribute is affirmed where: 1) the district court did not abuse its discretion in admitting co-conspirator's hearsay statements; 2) district court did not err in admitting evidence seized during a traffic stop of the vehicle in which the defendant was riding based on probable cause; and 3) defendant's sufficiency of evidence challenge is without merit, as evidence presented by the government would enable a rational jury to find defendant guilty of the possession charge on which he seeks a judgment of acquittal. 

Read US v. Harris, No. 08-4026

Appellate Information

Appeal from the United States District Court for the Eastern District of Wisconsin

Decided October 30, 2009

Judges

Before:  Flaum, Williams and Evans, Circuit Judges

Opinion by Flaum, Circuit Judge

Schering-Plough Healthcare Prod., Inc. , No. 09-1438

In plaintiff's section 43(a)(1)(B) of the Lanham Act suit against defendants involving oral laxative drug and over-the-counter versions of the drug manufactured by defendants, district court's dismissal of plaintiff's complaint without prejudice is affirmed as the FDA is conducting a proceeding to determine whether defendants' drugs are misbranded now that there is an over-the-counter version of the drug.   

Read Schering-Plough Healthcare Prod., Inc. , No. 09-1438

Appellate Information

Appeal from the United States District Court for the Eastern District of Wisconsin

Decided October 29, 2009

Judges

Before:  Posner, Flaum, and Rovner, Circuit Judges

Opinion by Posner, Circuit Judge

Lewitton v. ITA Software, Inc., No. 08-3725

In plaintiff's breach of employment contract case against his former employer over stock option purchase dispute, district court's grant of summary judgment in favor of plaintiff is affirmed as the employment contract unambiguously allows plaintiff to exercise all of the shares he accumulated during his 25-month tenure with the company, and as such, he is entitled to exercise option to purchase 138,900 shares of the company stock, not 34,722 shares.   

Read Lewitton v. ITA Software, Inc., No. 08-3725

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided October 28, 2009

Judges

Before: Bauer, Kanne, and Evans, Circuit Judges

Opinion by Evans, Circuit Judge

James River Ins. Co. v. Kemper Cas. Ins. Co., No. 08-3570

In plaintiff-James River Insurance's case seeking a declaration that it had no duty to defend or indemnify two lawyers who were sued for malpractice, district court's grant of summary judgment in favor of defendant-Kemper Insurance is reversed with instructions to enter the declaratory judgment requested by the plaintiff as James River's policy does not apply since it excludes coverage of conduct covered by a prior insurer, and all the wrongful acts alleged in the malpractice suit arose from events that took place in Kemper's policy period.   

Read James River Ins. Co. v. Kemper Cas. Ins. Co., No. 08-3570

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided October 28, 2009

Judges

Before:  Posner, Manion, and Tinder, Circuit Judges

Opinion by Posner, Circuit Judge

Sunstar, Inc. v. Alberto-Culver Co. , No. 07-3288

In a trademark infringement case involving interpretation of a trademark licensing agreement of plaintiff's "VO5" trademark, and Japanese trademark law, district court's judgment in favor of the plaintiff, and orders enjoining the defendant from using the variant mark, and terminating the licensing agreement to return all the licensed trademarks to the plaintiff is vacated and remanded as under Japanese trademark law, the term senyoshioken, which the district judge refused to give the meaning of to the jury, means exclusive-use right where the license holder not only has an exclusive right to use the licensed trademarks within the geographical scope of the licensed trademarks but can sue infringers of the trademarks in its own name.   

Read Sunstar, Inc. v. Alberto-Culver Co. , No. 07-3288

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided October 28, 2009

Judges

Before:  Posner, Manion, and Evans, Circuit Judges

Opinion by Posner, Circuit Judge

Butler v. Village of Round Lake Police Dep't, No. 08-3856

In plaintiff-police officer's ADA claim against defendant-village, dismissal of his case on the ground of judicial estoppel is affirmed where: 1) to succeed on an ADA claim, a plaintiff must show that with or without reasonable accommodations, he can perform the essential functions of his job; and 2) here, accepting plaintiff's sworn testimony before the pension board as true, the court could not see how he could perform essential police functions with or without accommodations. 

Read Butler v. Village of Round Lake Police Dep't, No. 08-3856

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided October 27, 2009

Judges

Before:  Posner, Manion, and Evans, Circuit Judges

Opinion by Evans, Circuit Judge

In plaintiff-church's suit against defendant-village under the Religious Land Use and Institutionalized Persons Act to allow it to relocate to the business district, district court's denial of plaintiff's motion for preliminary injunction to allow it to relocate to the property in the interim is affirmed as the church has only a slim chance of success on the merits and any irreparable harm it may suffer does not significantly outweigh the potential harm to the village. 

Read River of Life Kingdom Ministries v. Village of Hazel Crest, No. 08-2819

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided October 27, 2009

Judges

Before:  Cudhay, Manion, and Williams, Circuit Judges

Opinion by Williams, Circuit Judge

Perry v. Sheet Metal Worker's Local No. 73 Pension Fund, No. 08-2024

In plaintiffs' ERISA action against the Pension Fund claiming that they should have received pension credit for the time they spent as instructors at a Chicago trade school, district court's grant of defendant's motion for summary judgment is affirmed as the plan language provides for pension credit only if an employer has made contributions to the fund on an employee's behalf.     

Read Perry v. Sheet Metal Worker's Local No. 73 Pension Fund, No. 08-2024

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided October 27, 2009

Judges

Before:  Easterbrook, Chief Judge, and Williams and Sykes, Circuit Judges

Opinion by Williams, Circuit Judge

US v. Venturella, No. 07-3754

District court's conviction of defendants for mail fraud and order to pay a criminal forfeiture money judgment and restitution is affirmed as: 1) forfeiture is not limited solely to the amounts alleged in the count(s) of conviction pursuant to 18 U.S.C. section 981(a)(1)(C); 2) defendants waived their rights to forfeiture calculations review on appeal; and 3) imposing restitution and forfeiture for the same crime is not an improper double payment.   

Read US v. Venturella, No. 07-3754

Appellate Information

Appeal from the United States District Court for the Western District of Wisconsin

Decided October 27, 2009

Judges

Before: Flaum, Bauer and Williams, Circuit Judges

Opinion by Williams, Circuit Judge

George v. Smith, No. 07-3011

Denial of a petition for habeas relief brought by a defendant convicted of sexual assault and false imprisonment is affirmed as defendant's ineffective assistance of counsel claim is rejected as he failed to offer some basis for the court to believe that a witness was available to testify to the victim's sexual orientation and that there was a reasonable probability that this witness's testimony would have made a difference in the outcome of the trial. 

Read George v. Smith, No. 07-3011

Appellate Information

Appeal from the United States District Court for the Eastern District of Wisconsin

Decided October 27, 2009

Judges

Before:  Easterbrook, Chief Judge, and Tinder and Evans, Circuit Judges

Opinion by Tinder, Circuit Judge

US v. Rosenberg, No. 08-3373

Imposition of a 70-month sentence on a 60 year-old nurse practitioner for prescribing a variety of controlled substances to people, whom she knew did not have a legitimate need for the medications, is affirmed where, although the government did not systematically address every prescription the defendant wrote to the patients, it presented ample evidence to prove that the prescriptions had no legitimate medical purpose and were written outside the usual course of appropriate medical practice. 

Read US v. Rosenberg, No. 08-3373

Appellate Information

Appeal from the United States District Court for the Western District of Wisconsin

Decided October 26, 2009

Judges

Before:  Easterbrook, Chief Judge, and Bauer and Evans, Circuit Judges

Opinion by Evans, Circuit Judge

Long v. Teachers' Ret. Sys. of State of Illinois, No. 08-3094

In plaintiff's employment discrimination and retaliation action against her former employer, summary judgment in favor of defendant is affirmed where, because plaintiff failed to present evidence that defendant acted with retaliatory intent when it fired her, a jury could not infer that defendant fired her because she took FMLA leave.  

Read Long v. Teachers' Ret. Sys. of State of Illinois, No. 08-3094

In plaintiffs' class action lawsuit against defendant-automobile insurance providers, defendant's petition for permission to appeal is granted and the judgment of the district court granting plaintiff's motion to remand the action to the state court is affirmed where the new claims added by the class certification order relate back to the relevant transaction or occurrence.   

Read In Re: Safeco Ins. Co. of America, No. 09-8027

Appellate Information

On Petition for Leave to Appeal

Decided October 22, 2009

Judges

Before:  Ripple, Kanne, and Manion, Circuit Judges

Opinion by Ripple, Circuit Judge

Long v. Teachers' Ret. Sys. of State of Illinois, No. 10/23/09

In plaintiff's employment discrimination and retaliation action against her former employer, summary judgment in favor of defendant is affirmed where, because plaintiff failed to present evidence that defendant acted with retaliatory intent when it fired her, a jury could not infer that defendant fired her because she took FMLA leave.  

Read Long v. Teachers' Ret. Sys. of State of Illinois, No. 10/23/09

Appellate Information

Appeal from the United States District Court for the Central District of Illinois

Decided October 23, 2009

Judges

Before:  Easterbrook, Chief Judge, and Sykes, Circuit Judge, and Kendall, District Judge

Opinion by Kendall, District Judge

In Re: Safeco Ins. Co. of America, No. 09-8027

In plaintiffs' class action lawsuit against defendant-automobile insurance providers, defendant's petition for permission to appeal is granted and the judgment of the district court granting plaintiff's motion to remand the action to the state court is affirmed where the new claims added by the class certification order relate back to the relevant transaction or occurrence.   

Read In Re: Safeco Ins. Co. of America, No. 09-8027

Appellate Information

On Petition for Leave to Appeal

Decided October 22, 2009

Judges

Before:  Ripple, Kanne, and Manion, Circuit Judges

Opinion by Ripple, Circuit Judge

US v. Berry, No. 09-1812

District court's sentence of defendant, for violating the terms of his supervised release following his conviction and imprisonment for possessing counterfeit checks, to additional 14 months in prison, to be followed by 36 month of supervised release is affirmed as the court's factual findings were not clearly erroneous and the sentence imposed is not plainly unreasonable.   

Read US v. Berry, No. 09-1812

Appellate Information

Appeals from the United States District Court for the Western District of Wisconsin

Argued September 22, 2009
Decided October 22, 2009

Judges

Before:  Easterbrook, Chief Judge, and Bauer and Rovner, Circuit Judges

Opinion by Bauer, Circuit Judge

Lucas v. Montgomery, No. 08-4307

Defendant's petition for habeas relief, arguing that revocation of his good-conduct credit violated his constitutional due process rights, is denied as, since the Prison Review Board does not find facts, but rather only approves, reduces or abrogates penalties based on the prison adjustment committee's findings, Wolff is not implicated.   

Read Lucas v. Montgomery, No. 08-4307

Appellate Information

Appeals from the United States District Court for the Southern District of Illinois

Argued September 9, 2009
Decided October 22, 2009

Judges

Before:  Flaum, Williams, and Evans, Circuit Judges

Opinion by Flaum, Circuit Judge

US v. Conner, No. 07-3527

District court's sentence of defendant to life for distributing cocaine in a controlled buy is vacated and remanded in light of Kimbrough, but his conviction is affirmed where: 1) although the district court erred in admitting evidence of other bad acts under the intricately related doctrine, the evidence was admissible under Rule 404(b), and the prejudice resulting from the government's broader use of the evidence did not substantially outweigh its probative value; and 2) defendant's cumulative effects doctrine claim is rejected as he waived his challenge to the aiding and abetting jury instruction.   

Read US v. Conner, No. 07-3527

Appellate Information

Appeals from the United States District Court for the Western District of Wisconsin

Argued September 15, 2009
Decided October 22, 2009

Judges

Before:  WilliamsKanne, and Evans, Circuit Judges

Opinion by Kanne, Circuit Judge

Brunker v. Schwan's Home Serv., Inc., No. 07-3183

In plaintiff's disability discrimination action against his former employer, district court's grant of summary judgment in favor of the defendant-employer is affirmed in part, reversed and vacated in part, and remanded where: 1) the disability-discrimination claim is remanded as although, plaintiff's impairments are not sufficient to show that he is disabled, the record contains adequate evidence to support a theory that defendant regarded him as being disabled in the major life activities of walking, caring for himself, and speaking; 2) district court's summary judgment on the reasonable-accommodation claim is affirmed; 3) district court's denial of plaintiff's motion to compel discovery on certain issues is reversed; and 4) award of sanctions are vacated because the magistrate judge unreasonably imposed them in response to plaintiff's discovery requests.   

Read Brunker v. Schwan's Home Serv., Inc., No. 07-3183

Appellate Information

Appeals from the United States District Court for the Northern District of Indiana, Hammond Division

Argued September 16, 2009
Decided October 22, 2009

Judges

Before:  Cudahy, Flaum, and Rovner, Circuit Judges

Opinion by Rovner, Circuit Judge

US v. Ajijola, No. 08-3186

Defendant's conviction for conspiracy to possess heroin with intent to distribute is affirmed where: 1) the district court did not commit plain error in admitting evidence of flight as it supported an inference of consciousness of guilt of the crimes charged; and 2) the district court did not abuse its discretion in rejecting defendant's attempted guilty plea, based on sound reasoning provided by defendant's denial of his guilt. 

Read US v. Ajijola, No. 08-3186

Appellate Information

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division

Argued September 24, 2009
Decided October 21, 2009

Judges

Before:  Bauer, Kanne, and Evans, Circuit Judges

Opinion by Bauer, Circuit Judge

Fannon v. Guidant Corp., No. 08-2429

In plaintiffs' consolidated securities action against defendants alleging fraud in connection with a merger, the judgment of the district court is affirmed where it did not abuse its discretion: 1) in dismissing the case with prejudice as the plaintiffs had a number of opportunities to craft a complaint that complied with the Private Securities Litigation Reform Act; 2) in denying plaintiffs' motion to vacate the judgment pursuant to Rule 59(e); and 3) in denying the plaintiffs' motion to file an amended complaint.     

Read Fannon v. Guidant Corp., No. 08-2429

Appellate Information

Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division

Argued January 16, 2009
Decided October 21, 2009

Judges

Before:  Bauer, Flaum, and Wood, Circuit Judges

Opinion by Wood, Circuit Judge

Walsh v. Chez, No. 08-1006

In plaintiffs' medical malpractice suit against their deceased son's doctor and his clinic, district court's dismissal and rejection of their Rule 59(e) motion and a motion for leave to file a new set of supplemental reports is reversed and remanded as the district court erred in concluding that whatever flaws existed in the expert reports that the plaintiffs submitted went to their admissibility, as opposed to their weight.   

Read Walsh v. Chez, No. 08-1006

Appellate Information

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division

Argued December 12, 2008
Decided October 21, 2009

Judges

Before:  Cudahy, Flaum, and Wood, Circuit Judges

Opinion by Wood, Circuit Judge

Potdar v. Holder, No. 06-2441

Petitioner's motion for attorneys' fees and costs, arising from exclusion proceedings, is denied as, under the Equal Access to Justice Act, 28 U.S.C. section 2412, the government's position was justified in substance or in the main.     

Read Potdar v. Holder, No. 06-2441

Appellate Information

Petition for Review of an Order of the Board of Immigration Appeals

Decided October 21, 2009

Judges

Before:  Ripple, Manion, and Kanne, Circuit Judges

Opinion by Ripple, Circuit Judge

US v. Shelby, No. 08-2729

District court's reduction of defendant's sentence from 295 months to 115 months is reversed and remanded where the Federal Criminal Rule 35(b)(2) does not authorize the district judge to reduce the sentence on the basis of the 18 U.S.C. section 3533(a) factors that he would consider in initial sentencing.   

Read US v. Shelby, No. 08-2729

Appellate Information

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division

Argued September 17, 2009
Decided October 19, 2009

Judges

Before:  Posner, Manion, and Evans, Circuit Judges

Opinion by Posner, Circuit Judge

US v. Gallo-Moreno, No. 06-1696

District court's conviction of defendant for drug conspiracy is affirmed where: 1) defendant's Rule 404(b) argument fails because identity was the sole issue at trial and the evidence regarding the Texas drug transaction was highly probative on that issue; 2) defendant's due process challenge to a witness' identification testimony is rejected because the identification was sufficiently reliable under the circumstances of the case; and 3) defendant's Sixth Amendment right to counsel was not violated as the post-indictment, uncounseled identification did not occur during a critical stage of the criminal proceedings under Wade and Ash.   

Read US v. Gallo-Moreno, No. 06-1696

Appellate Information

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division

Argued November 3, 2009
Decided October 19, 2009

Judges

Before:  Kanne, Evans, and Sykes, Circuit Judges

Opinion by Sykes, Circuit Judge

Kiswani v. Phoenix Sec. Agency, Inc., No. 08-3468

In plaintiff's case against several police officers and others, arising from his arrest outside a nightclub for aggravated unlawful use of a weapon, of which he was later acquitted, magistrate judge's order denying reconsideration of plaintiff's post-trial motions is affirmed as the motion was untimely under Rule 59(e) and improper under Rule 60(b).     

Read Kiswani v. Phoenix Sec. Agency, Inc., No. 08-3468

Appellate Information

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division

Argued September 11, 2009
Decided October 16, 2009

Judges

Before:  Bauer, Rovner and Williams, Circuit Judges

Opinion by Bauer, Circuit Judge

US v. Williams, No. 09-1924

District court's sentence of a defendant to a mandatory life imprisonment for drug and firearm offenses is affirmed where, although the government's enhancement notice may not be in compliance with 21 U.S.C. section 851(a)(1), as long as the defendant has actual notice of the intended use of a prior conviction to enhance his sentence, the statute has been substantially complied with.  

Read US v. Williams, No. 09-1924

Appellate Information

Appeals from the United States District Court for the Northern District of Indiana, South Bend Division

Argued September 11, 2009
Decided October 14, 2009

Judges

Before: Easterbrook, Chief Judge, and Posner and Wood, Circuit Judges

Opinion by Posner, Circuit Judge

In plaintiff's 42 U.S.C. section 1983 action against state officials involved in the management of a Illinois Beach State Park and the state agency that operates the park charging infringement of free speech, district court's grant of summary judgment in favor of defendants is affirmed as the denial of display rack space for plaintiff's pamphlets warning of asbestos in the park may risk the appearance of endorsing an opinion that the defendants do not believe, and if they were to display their own pamphlet countering plaintiff's, this would have the effect of giving it legitimacy which the defendants are not obligated to acknowledge.  

Read Illinois Dunesland Pres. Soc'y v. Illinois Dep't. of Natural Res, No. 09-1535

Appellate Information

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division

Argued September 11, 2009
Decided October 14, 2009

Judges

Before:  Easterbrook, Chief Judge, Posner and Wood, Circuit Judges

Opinion by Posner, Circuit Judge

US v. Gonzalez-Mendoza, No. 08-3275

Sentences of defendants convicted of conspiring to distribute or possess with intent to distribute heroin and cocaine are affirmed where: 1) district court did not clearly err by finding that one of the defendants occupied a managerial or supervisory role in enhancing his offense level under U.S.S.G. section 3B.1(c); and 2) district court's application of the section 3C1.1 obstruction of justice enhancement to the other defendant was not clearly erroneous as his statements in an affidavit were material, and as such, defendant was not eligible for an acceptance of responsibility reduction.   

Read US v. Gonzalez-Mendoza, No. 08-3275

Appellate Information

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division

Argued September 10, 2009
Decided October 14, 2009

Judges

Before: Manion, Sykes, and Tinder, Circuit Judges

Opinion by Manion, Circuit Judge

US v. Johnson, No. 06-3048

District court's imposition of a life sentence and conviction of a defendant for overseeing a gang-related crack distribution operation including engaging in a continuing criminal enterprise (CCE) is affirmed in part and reversed in part where: 1) the district court properly admitted evidence of prior bad acts under Rule 404(b) and took steps to ensure that the jury understood the permissible purpose of the prior bad acts testimony; 2) the court's instructions fairly and accurately informed the jury that it was required to agree unanimously on every element of the CCE offense, including defendant's managerial role; but 3) defendant's sentence is vacated and remanded so that the district court may consider whether the disparate treatment of crack versus powder cocaine under the guidelines applicable at the time he was sentenced renders his life sentence unreasonable.   

Read US v. Johnson, No. 06-3048

Appellate Information

Appeals from the United States District Court for the Central District of Illinois

Argued January 7, 2009
Decided October 14, 2009

Judges

Before:  Posner, Ripple, and Rovner, Circuit Judges

Opinion by Rovner, Circuit Judge

Lagunas-Salgado v. Holder, No. 07-3396

Petition for review of an order finding petitioner removable is denied where: 1) the BIA's conclusion that petitioner had been convicted of a crime of moral turpitude in denying his petition for withholding of removal was proper as his conviction for selling fraudulent Social Security and alien registration cards to those who knew they were false documents was a crime that involves inherently deceptive conduct; and 2) there was no merit in remaining challenges. 

Read Lagunas-Salgado v. Holder, No. 07-3396

Appellate Information

Petitions for Review of an Order of the Board of Immigration Appeals

Argued April 17, 2009
Decided October 13, 2009

Judges

Before: Flaum, Evans, and Williams, Circuit Judges

Opinion by Williams, Circuit Judge

US v. Poetz, No. 09-2359

Sentence of defendant convicted of theft of government property to one year and a day is affirmed as her sentence was not unreasonable where the totality of the record demonstrates that the district judge implicitly considered the impact of incarceration on defendant's family and her medical issues in imposing a below-guidelines prison sentence.       

Read US v. Poetz, No. 09-2359

Appellate Information

Appeals from the United States District Court for the Eastern District of Wisconsin

Argued September 10, 2009
Decided October 9, 2009

Judges

Before:  Manion, Sykes, and Tinder, Circuit Judges

Opinion by Sykes, Circuit Judge

US v. Anderson, No. 09-1958

In a consolidated appeal involving three defendants where each had violated the conditions of their supervised release, district court's decision to impose a new term of imprisonment with a recommendation to the Bureau of Prisons that it place each man in a halfway house during the last six months of his sentence is remanded as placement in a halfway house should be viewed as a legitimate additional condition not affirmatively authorized by 18. U.S.C. sections 3583 and 3563, rather than one expressly forbidden.       

Read US v. Anderson, No. 09-1958

Appellate Information

Appeals from the United States District Court for the Southern District of Illinois

Argued August 4, 2009
Decided October 9, 2009

Judges

Before:  Flaum, Kanne, and Wood, Circuit Judges

Opinion by Wood, Circuit Judge

Gunville v. Walker, No. 08-1035

In plaintiffs' lawsuit against various Illinois state officials arising from termination of their employment with the Illinois Department of Corrections after a change in the governing party, district court's summary judgment in favor of the defendants is affirmed where: 1) summary judgment on the First Amendment claims was appropriate as the witness's statement that voting records were accessed and used in certain personnel decision is inadmissible hearsay; and 2) due process claims were properly rejected as plaintiffs have no evidence of improper motive in interpreting personnel rules to support their claim that only they or only Republican employees were singled out for the new personnel policy. 

Read Gunville v. Walker, No. 08-1035

Appellate Information

Appeals from the United States District Court for the Central District of Illinois

Argued January 9, 2009
Decided October 9, 2009

Judges

Before:  Manion, Rovner, and Sykes, Circuit Judges

Opinion by Rovner, Circuit Judge

Rose v. Mercantile Nat'l Bank of Indiana, No. 08-3431

In Mercantile National Bank of Indiana's claim under Indiana's Crime Victims' Compensation Act (CVCA) against its debtor, which allows a person who suffers pecuniary loss as a result of certain property crimes to seek treble damages and attorneys' fees, district court's judgment affirming the bankruptcy court's dismissal of the CVCA claim is reversed as Mercantile properly commenced its CVCA claim within the statute of limitations where it was not filed to enforce the previous judgment but rather to seek damages based on a new cause of action.   

Read Rose v. Mercantile Nat'l Bank of Indiana, No. 08-3431

Appellate Information

Appeals from the United States District Court for the Central District of Illinois

Argued February 19, 2009
Decided October 7, 2009

Judges

Before:  Flaum and Williams, Circuit Judges, and Kapala, District Judge

Opinion by Williams, Circuit Judge

Ekstrand v. Sch. Dist. of Somerset, No. 09-1853

In plaintiff's lawsuit against her former employer claiming that the school district failed to accommodate her seasonal effective disorder and constructively discharged her in violation of the ADA, judgment of the district court is reversed in part and affirmed in part where: 1) district court's grant of summary judgment on the failure-to-accommodate claim is reversed as plaintiff satisfied all three elements required for the claim; and 2) district court's grant of summary judgment on the constructive-discharge claim is affirmed as plaintiff failed to show that the conditions of her employment even approached the intolerable levels normally required in constructive-discharge cases.   

Read Ekstrand v. Sch. Dist. of Somerset, No. 09-1853

Appellate Information

Appeals from the United States District Court for the Western District of Wisconsin

Argued September 14, 2009
Decided October 6, 2009

Judges

Before Easterbrook, Chief Judge, and Bauer and Evans, Circuit Judges

Opinion by Bauer, Circuit Judge

US v. Carson, No. 08-3625

Conviction of defendant for armed bank robbery is affirmed where: 1) the affidavit was ultimately sufficient to support the determination of probable cause for the warrant; 2) defendant's contention that the affidavit supporting the application for the warrant contained material false statements is rejected; and 3) defendant's argument that his confession should have been suppressed because the large quantities of drugs and alcohol he ingested prior to his arrest and that his confession invalidated his waiver of his Miranda rights is rejected, and if defendant was not under any influence that would diminish his capacity, there is no circumstance that would lead the court to question the validity of his Miranda waiver, under any standard of review.    

Read US v. Carson, No. 08-3625

Appellate Information

Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division

Argued May 6, 2009
Decided October 6, 2009

Judges

Before Easterbrook, Chief Judge, and Posner and Wood, Circuit Judges

Opinion by Wood, Circuit Judge

Am. Boat Co., LLC. v. US, No. 09-1109

In a tax case where the IRS issued a Notice of Final Partnership Administrative Adjustment based on its determination that the defendants implemented an illegal tax shelter and misstated certain information on its tax documents which resulted in significant tax underpayments, district court did not err in finding that the defendants had reasonable cause for its tax position, and, consequently, that it was not subject to the accuracy-related penalty in 26 U.S.C. section 6662.   

Read Am. Boat Co., LLC. v. US, No. 09-1109

Appellate Information

Appeals from the United States District Court for the Southern District of Illinois

Argued May 28, 2009
Decided October 1, 2009

Judges

Before Bauer, Flaum, and , Kanne, Circuit Judges

Opinion by Bauer, Circuit Judge

Hunter v. Amin, No. 08-3719

In plaintiff's 42 U.S.C. section 1983 case against a county including the county sheriff, county jail employees, and a psychiatrist provided by the county jail, arising from the death of plaintiff's brother while detained in jail, district court's entry of summary judgment in favor of all of the defendants is affirmed in part, reversed and remanded in part where: 1) district court correctly concluded that the County's policy of requiring a corrections officer to be present during psychiatric examinations at the jail did not violate plaintiff's brother's constitutional right to adequate mental health treatment; 2) summary judgment as to the medical malpractice claim against the treating psychiatrist is reversed and remanded where plaintiff's complaint and brief in opposition to the motion for summary judgment make clear that she also alleges malpractice by the doctor in discontinuing her brother's medication; and 3) because only state law claims now remain in the case, the district court should determine whether the requirements for diversity jurisdiction are satisfied.   

Read Hunter v. Amin, No. 08-3719

Appellate Information

Appeals from the United States District Court for the Southern District of Illinois

Argued May 5, 2009
Decided October 1, 2009

Judges

Before Ripple and Sykes, Circuit Judges, and Lawrence, District Judge

Opinion by Lawrence, District Judge