Archive for the '7th COA' Category

Case Addresses Application of Relevant Conduct Finding in a Case of Jointly Undertaken Criminal Activity

In US v. Salem, No. 08-2378, the Seventh Circuit faced a challenge to defendants’ contention that the district court erred in its relevant conduct findings, in its sentencing of defendants for wire fraud and receiving stolen funds related to a scheme to defraud buyers of various items on the internet.
As stated in the decision: “A district [...]

Ruling in Standing Requirement in Bankruptcy Case

In In Re: Ray, No. 09-2984, the Seventh Circuit faced a challenge to the district court’s order affirming the bankruptcy court’s dismissal of two Chapter 11 proceedings. 
In concluding that the district court erred in finding that the petitioner-law firm satisfied the prerequisites for being a “person aggrieved” and had standing to appeal the dismissal [...]

Rulings Dealing With an Immigration Case and a Defendant’s Motion to Withdraw Guilty Plea

The Seventh Circuit decided an immigration case and a criminal case involving a defendant convicted of distributing crack cocaine.
In Gonzalez-Balderas v. Holder, No. 09-1890, the court faced a challenge to the BIA’s denial of a Mexican National’s request to reapply for admission retroactive to the date of her second reentry.  The petitioner initially entered the [...]

Decision in Police Chief’s Disability Discrimination Action Based on His Alcoholism

In Budde v. Kane County Forest Pres., No. 09-2040, the Seventh Circuit faced a challenge to the district court’s grant of summary judgment against a police chief claiming employment discrimination based on his alcoholism disability, after he was fired for causing an accident while driving drunk.
Under 29 C.F.R. section 1630.2(m), in order for the plaintiff [...]

Rulings on Attorney-Client Privilege Not Appealable as Collateral Orders

In In re: Whirlpool Corp., No. 09-3777, the Seventh Circuit dealt with both an appeal and a petition for a writ of mandamus challenging district court’s order for Whirlpool to disclose communications between its attorneys and outside advertising agencies, arising from an action for trademark infringement against Whirlpool relating to a clothes dryer.
As stated in the [...]

Ruling Against Plaintiff in Bivens Suit

In Williams v. Fleming, No. 09-2410, the Seventh Circuit dealt with plaintiff’s claim against a bank, the US, and an associate examiner with the FDIC brought under the Federal Tort Claims Act.  Asserting various causes of action, plaintiff claimed that the bank’s decision to stop making loans to him was due to an FDIC’s associate [...]

Ruling in Civil Rights Suit Involving a Suicide in Jail

In Minix v. Canarecci, No. 09-2001, the court decided a 42 U.S.C. section 1983 suit against prison officials by a mother claiming her son died as a result of defendants’ alleged indifference to her son’s suicide risk.
In affirming the district court’s ruling in favor of the defendants, the court held that summary judgment was appropriate [...]

Rulings in Criminal, Medicare Fraud, and Disability Benefits Cases

The Seventh Circuit decided two criminal matters and one case involving denial of disability benefits.
In US v. Phillips, No. 09-1262, the court faced a challenge to a conviction for Medicare fraud.  Defendant claimed that the district court erred by admitting a redacted recording of her conversation with undercover investigators after the government did not give [...]

Ruling in Civil Rights Suit Against Park Officer

In Whitlock v. Brown, No. 08-2800, the Seventh Circuit faced a challenge to the district court’s grant of a motion for qualified immunity to an officer with the Department of Natural Resources in plaintiffs’ 42 U.S.C. section 1983 action.
The court described some of the circumstances giving rise to the case:
“Jo and Jesse Whitlock were camping [...]

Ruling in Civil Rights Suit Against Park Officer

In Whitlock v. Brown, No. 08-2800, the Seventh Circuit faced a challenge to the district court’s grant of a motion for qualified immunity to an officer with the Department of Natural Resources in plaintiffs’ 42 U.S.C. section 1983 action.
The court described some of the circumstances giving rise to the case:
“Jo and Jesse Whitlock were camping [...]