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Trump v. Anderson, 23-719 | PER CURIAM.
A group of Colorado voters contends that Section 3 of the
Fourteenth Amendment to the Constitution prohibits for-
mer President Donald J. Trump, who seeks the Presidential
nomination of the Republican Party in this year’s election,
from becoming President again. The Colorado Supreme
Court agreed with that... | 2,012 | per_curiam | per_curiam | PER CURIAM. A group of Colorado voters contends that Section 3 of the Fourteenth Amendment to the Constitution prohibits for- mer President Donald J. Trump, who seeks the Presidential nomination of the Republican Party in this year’s election, from becoming President again. The Colorado Supreme Court agreed with that c... |
National Federation of Independent Business v. Sebelius, 567 U.S. 519 | Congress has set out to remedy the problem that the best health care is beyond the reach of many Americans who cannot afford it. It can assuredly do that, by exercising the powers accorded to it under the Constitution. The question in this case, however, is whether the complex structures and *647provisions of the Patie... | 1,992 | per_curiam | per_curiam | Congress has set out to remedy the problem that the best health care is beyond the reach of many Americans who cannot afford it. It can assuredly do that, by exercising the powers accorded to it under the Constitution. The question in this case, however, is whether the complex structures and *647provisions of the Patie... |
Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 |
*843Justice O’Connor, Justice Kennedy, and Justice Sou-ter
announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III, V-A, *844V-C, and VI, an opinion with respect to Part V-E,
in which Justice Stevens joins, and an opinion with respect to Parts IV, V-B, and V-D.
I
... | 2,024 | per_curiam | per_curiam | *843Justice O’Connor, Justice Kennedy, and Justice Sou-ter announced the judgment of the Court and delivered the opinion of the Court with respect to Parts V-A, *844V-C, and V, an opinion with respect to Part V-E, in which Justice Stevens joins, and an opinion with respect to Parts V, V-B, and V-D. Liberty finds no ref... |
McConnell v. Federal Election Commission, 540 U.S. 93 |
*114Justice Stevens and Justice O’Connor
delivered the opinion of the Court with respect to BCRA Titles I and II.*
The Bipartisan Campaign Reform Act of 2002 (BCRA), 116 Stat. 81, contains a series of amendments to the Federal Election Campaign Act of 1971 (FECA or Act), 86 Stat. 11, as amended, 2 U. S. C. §431 et s... | 2,003 | per_curiam | per_curiam | *4Justice and Justice O’Connor delivered the opinion of the Court with respect to BCRA Titles and* The Bipartisan Campaign Reform Act of 2002 (BCRA), contains a series of amendments to the Federal Election Campaign Act of 1971 (FECA or Act), as amended, et seq. (2000 ed. and Supp. ), the Communications Act of 194, as a... |
A.F. Moore & Associates, Inc. v. Pappas | The Equal Protection Clause entitles owners of similarly situated property to roughly equal tax treatment. Allegheny Pittsburgh Coal Co. v. Cty. Comm'n, 488 U.S. 336, 345–46, 109 S.Ct. 633, 102 L.Ed.2d 688 (1989). A group of taxpayers asserts that the tax assessor for Cook *891 County violated that guarantee by assessi... | 2,020 | Barrett | majority | The Equal Protection Clause entitles owners of similarly situated property to roughly equal tax treatment. Allegheny Pittsburgh Coal A group of taxpayers asserts that the tax assessor for Cook *891 County violated that guarantee by assessing their properties at the rates mandated by local ordinance while cutting a brea... |
Acevedo v. Cook County Officers Electoral Board | Before Edward Acevedo could appear on the 2018 Democratic primary ballot for Cook County Sheriff, he had to obtain a certain number of voter signatures on a nominating petition. He didn't meet the signature requirement, so he was kept off the ballot. He then sued the Chicago, Cook County, and Illinois electoral boards,... | 2,019 | Barrett | majority | Before Edward Acevedo could appear on the 2018 Democratic primary ballot for Cook County Sheriff, he had to obtain a certain number of voter signatures on a nominating petition. He didn't meet the signature requirement, so he was kept off the ballot. He then sued the Chicago, Cook County, and Illinois electoral boards,... |
Alvarenga-Flores v. Sessions | Alvarenga seeks asylum, withholding of removal, and relief under the Convention Against Torture because he fears torture *924 and persecution from gang members if he returns to El Salvador. The immigration judge concluded that Alvarenga lacked credibility and denied him relief. Finding no clear error in the immigration... | 2,018 | Barrett | majority | Alvarenga seeks asylum, withholding of removal, and relief under the Convention Against Torture because he fears torture *924 and persecution from gang members if he returns to El Salvador. The immigration judge concluded that Alvarenga lacked credibility and denied him relief. Finding no clear error in the immigration... |
Beley v. City of Chicago | Michael Beley and Douglas Montgomery represent a class of sex offenders who allege that the City of Chicago refused to register them under the Illinois Sex Offender Registration Act (SORA) because they could not produce proof of address. If true, that might have violated SORA, because the Act provides a mechanism for r... | 2,018 | Barrett | majority | Michael Beley and Douglas Montgomery represent a class of sex offenders who allege that the City of Chicago refused to register them under the Illinois Sex Offender Registration Act (SORA) because they could not produce proof of address. If true, that might have violated SORA, because the Act provides a mechanism for r... |
Beltran-Aguilar v. Whitaker | Eliseo Beltran-Aguilar, a native and citizen of Mexico, applied for cancellation of removal from the United States. An immigration *421 judge denied his application, and the Board of Immigration Appeals affirmed the denial on the ground that Beltran-Aguilar's conviction for Wisconsin battery involving domestic abuse wa... | 2,019 | Barrett | majority | Eliseo Beltran-Aguilar, a native and citizen of Mexico, applied f cancellation of removal from the United States. An immigration *421 judge denied his application, and the Board of Immigration Appeals affirmed the denial on the ground that Beltran-Aguilar's conviction f Wisconsin battery involving domestic abuse was a ... |
Boogaard v. National Hockey League | Len and Joanne Boogaard appeal the dismissal of the wrongful-death action they brought as the personal representatives of the estate of their son, Derek Boogaard. They devote their appeal almost entirely to arguments that would spark excitement—or fear—in the heart of a civil procedure student. There is a Hanna v. Plum... | 2,018 | Barrett | majority | Len and Joanne Boogaard appeal the dismissal of the wrongful-death action they brought as the personal representatives of the estate of their son, Derek Boogaard. They devote their appeal almost entirely to arguments that would spark excitement—or fear—in the heart of a civil procedure student. There is a Hanna v. Plum... |
Burlaka v. Contract Transport Services LLC | Leonid Burlaka, Timothy Keuken, Travis Frischmann, and Roger Robinson are truck drivers who brought individual, collective, and class action claims against Contract Transport Services (CTS), their former employer, for failing to provide overtime pay in violation of the Fair Labor Standards Act (FLSA), which requires ov... | 2,020 | Barrett | majority | Leonid Burlaka, Timothy Keuken, Travis Frischmann, and Roger Robinson are truck drivers who brought individual, collective, and class action claims against Contract Transport Services (CTS), their former employer, for failing to provide overtime pay in violation of the Fair Labor Standards Act (FLSA), which requires ov... |
Carello v. Aurora Policemen Credit Union | Matthew Carello sued the Aurora Policemen Credit Union, alleging that accessibility barriers to the Credit Union's website violate his rights under the Americans with Disabilities Act. The district court dismissed the claim, holding that Carello lacked standing to sue. We agree.
I.
Matthew Carello is blind. To access v... | 2,019 | Barrett | majority | Matthew Carello sued the Aurora Policemen Credit Union, alleging that accessibility barriers to the Credit Union's website violate his rights under the Americans with Disabilities Act. The district court dismissed the claim, holding that Carello lacked standing to sue. We agree. I. Matthew Carello is blind. To access v... |
Casillas v. Madison Avenue Associates, Inc. | The bottom line of our opinion can be succinctly stated: no harm, no foul. Madison Avenue Associates, Inc. made a mistake. The Fair Debt Collection Practices Act requires debt collectors to notify consumers about the process that the statute provides for verifying a debt. Madison sent Paula Casillas a debt-collection l... | 2,019 | Barrett | majority | The bottom line of our opinion can be succinctly stated: no harm, no foul. Madison Avenue Associates, Inc. made a mistake. The Fair Debt Collection Practices Act requires debt collectors to notify consumers about the process that the statute provides for verifying a debt. Madison sent Paula Casillas a debt-collection l... |
Chazen v. Marske | I join the panel's opinion because it has support in our precedent. I write separately, though, to express concern about the state of our precedent. As the opinion observes, the complexity of our cases in this area is “staggering.” We have stated the “saving clause” test in so many different ways that it is hard to ide... | 2,019 | Barrett | majority | I join the panel's opinion because it has support in our precedent. I write separately, though, to express concern about the state of our precedent. As the opinion observes, the complexity of our cases in this area is “staggering.” We have stated the “saving clause” test in so many different ways that it is hard to ide... |
Chronis v. United States | Before bringing a tort claim against the United States, a plaintiff must first exhaust her administrative remedies by presenting her claim to the appropriate federal agency. This means, among other things, that the plaintiff must demand a sum certain from the agency. Anna Chronis did not make such a demand before she s... | 2,019 | Barrett | majority | Before bringing a tort claim against the United States, a plaintiff must first exhaust her administrative remedies by presenting her claim to the appropriate federal agency. This means, among other things, that the plaintiff must demand a sum certain from the agency. Anna Chronis did not make such a demand before she s... |
Clanton v. United States | For four years, nurse practitioner Denise Jordan treated Kevin Clanton's severe hypertension. Jordan, an employee of the U.S. Public Health Service, failed to properly educate Clanton about his disease or to monitor its advancement. Clanton's hypertension eventually developed into Stage V kidney disease requiring dialy... | 2,019 | Barrett | majority | For four years, nurse practitioner Denise Jordan treated Kevin Clanton's severe hypertension. Jordan, an employee of the U.S. Public Health Service, failed to properly educate Clanton about his disease or to monitor its advancement. Clanton's hypertension eventually developed into Stage V kidney disease requiring dialy... |
Cleven v. Soglin | Gary Cleven, a stagehand for the City of Madison, Wisconsin, has been in a long-running dispute with the City about his participation in the Wisconsin Retirement System. At the outset of his employment with the City, it erroneously characterized him as an independent contractor ineligible for retirement benefits. When ... | 2,018 | Barrett | majority | Gary Cleven, a stagehand for the City of Madison, Wisconsin, has been in a long-running dispute with the City about his participation in the Wisconsin Retirement System. At the outset of his employment with the City, it erroneously characterized him as an independent contractor ineligible for retirement benefits. When ... |
Conroy v. Thompson | Bill Conroy filed a petition for a writ of habeas corpus in 2016 to challenge an Illinois state court conviction from 2007. Although he admitted that he had not filed his petition within the one-year limitations period, he claimed that his mental condition justified equitable tolling. The district court disagreed, conc... | 2,019 | Barrett | majority | Bill Conroy filed a petition for a writ of habeas corpus in 2016 to challenge an Illinois state court conviction from 2007. Although he admitted that he had not filed his petition within the one-year limitations period, he claimed that his mental condition justified equitable tolling. The district court disagreed, conc... |
Cook County, Illinois v. Wolf | The plaintiffs have worked hard to show that the statutory term “public charge” is a very narrow one, excluding only those green card applicants likely to be primarily and permanently dependent on public assistance. That argument is belied by the term's historical meaning—but even more importantly, it is belied by the ... | 2,020 | Barrett | majority | The plaintiffs have worked hard to show that the statutory term “public charge” is a very narrow one, excluding only those green card applicants likely to be primarily and permanently dependent on public assistance. That argument is belied by the term's historical meaning—but even more importantly, it is belied by the ... |
Crosby v. City of Chicago | This case is about the scope of a release in a settlement agreement. In 2015, Ronald Crosby settled a lawsuit against Eduardo Gonzalez, a Chicago police officer who allegedly shoved Crosby out of a third-floor window before arresting him. In the settlement stipulation, Crosby released “all claims he had, has, or may ha... | 2,020 | Barrett | majority | This case is about the scope of a release in a settlement agreement. In 2015, Ronald Crosby settled a lawsuit against Eduardo Gonzalez, a Chicago police officer who allegedly shoved Crosby out of a third-floor window before arresting him. In the settlement stipulation, Crosby released “all claims he had, has, or may ha... |
Dalton v. Teva North America | Cheryl Dalton appeals the summary judgment entered against her in this products liability case. The district court held that Dalton's claims failed under Indiana law because she did not provide expert evidence on the issue of causation. Dalton contends that she did not have to provide expert evidence because the cause ... | 2,018 | Barrett | majority | Cheryl Dalton appeals the summary judgment entered against her in this products liability case. The district court held that Dalton's claims failed under Indiana law because she did not provide expert evidence on the issue of causation. Dalton contends that she did not have to provide expert evidence because the cause ... |
Doe v. Purdue University | After finding John Doe guilty of sexual violence against Jane Doe, Purdue University suspended him for an academic year and imposed conditions on his readmission. As a result of that decision, John was expelled from the Navy ROTC program, which terminated both his ROTC scholarship and plan to pursue a career in the Nav... | 2,019 | Barrett | majority | After finding John Doe guilty of sexual violence against Jane Doe, Purdue University suspended him for an academic year and imposed conditions on his readmission. As a result of that decision, John was expelled from the Navy ROTC program, which terminated both his ROTC scholarship and plan to pursue a career in the Nav... |
Elston v. County of Kane | Urija Elston and his friends were playing basketball at a park in DuPage County while Brian Demeter, an off-duty sheriff's deputy for neighboring Kane County, was watching his child's soccer game on an adjacent field. When Elston and his friends started heckling one another with salty language, Demeter confronted them ... | 2,020 | Barrett | majority | Urija Elston and his friends were playing basketball at a park in DuPage County while Brian Demeter, an off-duty sheriff's deputy for neighboring Kane County, was watching his child's soccer game on an adjacent field. When Elston and his friends started heckling one another with salty language, Demeter confronted them ... |
Equal Employment Opportunity Commission v. Costco Wholesale Corporation | Dawn Suppo, an employee of Costco Wholesale Corporation, was stalked by Thad Thompson, a customer of Costco, for over a year. Things got so bad at the end that Suppo secured a plenary no-contact order from an Illinois state court. Traumatized by the experience, she also took an unpaid medical leave, and when she didn't... | 2,018 | Barrett | majority | Dawn Suppo, an employee of Costco Wholesale Corporation, was stalked by Thad Thompson, a customer of Costco, for over a year. Things got so bad at the end that Suppo secured a plenary no-contact order from an Illinois state court. Traumatized by the experience, she also took an unpaid medical leave, and when she didn't... |
Estate of Biegert by Biegert v. Molitor | Joseph Biegert's mother called the police for help because she was concerned that her son was attempting to kill himself. Officers went to Biegert's apartment to check on him, and when they arrived, Biegert initially cooperated. He began resisting, though, when the officers tried to pat him down. A scuffle ensued, and ... | 2,020 | Barrett | majority | Joseph Biegert's mother called the police for help because she was concerned that her son was attempting to kill himself. Officers went to Biegert's apartment to check on him, and when they arrived, Biegert initially cooperated. He began resisting, though, when the officers tried to pat him down. A scuffle ensued, and ... |
Fessenden v. Reliance Standard Life Ins. Co. | Donald Fessenden applied for long-term disability benefits through his former employer's benefits plan. After the plan administrator, Reliance Standard Life Insurance Company, denied the claim, Fessenden submitted a request for review with additional evidence supporting it. When Reliance failed to issue a decision with... | 2,019 | Barrett | majority | Donald Fessenden applied for long-term disability benefits through his former employer's benefits plan. After the plan administrator, Reliance Standard Life Insurance Company, denied the claim, Fessenden submitted a request for review with additional evidence supporting it. When Reliance failed to issue a decision with... |
Fiorentini v. Paul Revere Life Insurance Company | Henry Fiorentini is the owner and president of Panatech, Inc., a small technology company. When cancer treatment left him unable to perform his job, he received total disability benefits under a policy he held with the Paul Revere Life Insurance Company. Five years later, after Fiorentini was back at work and exercisin... | 2,018 | Barrett | majority | Henry Fiorentini is the owner and president of Panatech, Inc., a small technology company. When cancer treatment left him unable to perform his job, he received total disability benefits under a policy he held with the Paul Revere Life Insurance Company. Five years later, after Fiorentini was back at work and exercisin... |
Gadelhak v. AT&T Services, Inc. | The wording of the provision that we interpret today is enough to make a grammarian throw down her pen. The Telephone Consumer Protection Act bars certain uses of an “automatic telephone dialing system,” which it defines as equipment with the capacity “to store or produce telephone numbers to be called, using a random ... | 2,020 | Barrett | majority | The wording of the provision that we interpret today is enough to make a grammarian throw down her pen. The Telephone Consumer Protection Act bars certain uses of an “automatic telephone dialing system,” which it defines as equipment with the capacity “to store or produce telephone numbers to be called, using a random ... |
Goplin v. WeConnect, Incorporated | WeConnect, Inc. asks us to reverse the district court for making a factual mistake. The district court found that WeConnect was not a party to the arbitration agreement it sought to enforce. WeConnect says that the district court misunderstood the nature of its relationship with the entity named in the arbitration agre... | 2,018 | Barrett | majority | WeConnect, Inc. asks us to reverse the district court for making a factual mistake. The district court found that WeConnect was not a party to the arbitration agreement it sought to enforce. WeConnect says that the district court misunderstood the nature of its relationship with the entity named in the arbitration agre... |
Graham v. Arctic Zone Iceplex, LLC | James Graham, Jr., sued Arctic Zone Iceplex, his former employer, for discrimination. According to Graham, Arctic Zone failed to accommodate his disability and ultimately fired him for it. The district court granted summary judgment to Arctic Zone. We affirm.
I.
In December 2014, Arctic Zone hired Graham as its head me... | 2,019 | Barrett | majority | James Graham, Jr., sued Arctic Zone Iceplex, his former employer, for discrimination. According to Graham, Arctic Zone failed to accommodate his disability and ultimately fired him for it. The district court granted summary judgment to Arctic Zone. We affirm. I. In December 2014, Arctic Zone hired Graham as its head me... |
Green v. Howser | Tolstoy said that every unhappy family is unhappy in its own way, and that observation rings true here. When Jack and Angela Howser decided that Angela's estranged daughter, Jade Green, was failing to provide a suitable home for Jade's daughter, E.W., they enlisted the local police, the sheriff's office, the county pro... | 2,019 | Barrett | majority | Tolstoy said that every unhappy family is unhappy in its own way, and that observation rings true here. When Jack and Angela Howser decided that Angela's estranged daughter, Jade Green, was failing to provide a suitable home for Jade's daughter, E.W., they enlisted the local police, the sheriff's office, the county pro... |
Groves v. United States | When a district court certifies an order for review before final judgment, parties have only ten days to petition us to hear the interlocutory appeal. Decades ago, we provided a way to circumvent that deadline: district courts could reenter or recertify their orders, restarting the clock, whenever doing so would furthe... | 2,019 | Barrett | majority | When a district court certifies an order for review before final judgment, parties have only ten days to petition us to hear the interlocutory appeal. Decades ago, we provided a way to circumvent that deadline: district courts could reenter or recertify their orders, restarting the clock, whenever doing so would furthe... |
Herrera-Garcia v. Barr | Rafael Giovanni Herrera-Garcia seeks to avoid removal to El Salvador because he says that he will be tortured by gangs or corrupt government authorities if he is forced to return there. An immigration judge found that Herrera-Garcia had not shown that he, specifically, would be in danger and denied his request for reli... | 2,019 | Barrett | majority | Rafael Giovanni Herrera-Garcia seeks to avoid removal to El Salvador because he says that he will be tortured by gangs or corrupt government authorities if he is forced to return there. An immigration judge found that Herrera-Garcia had not shown that he, specifically, would be in danger and denied his request for reli... |
Herrington v. Waterstone Mortgage Corporation | Pamela Herrington filed class and collective actions against Waterstone Mortgage Corporation, her former employer, for wage and hour violations. The district court compelled arbitration pursuant to an agreement between Herrington and Waterstone, but it struck as unlawful a waiver clause that appeared to forbid class or... | 2,018 | Barrett | majority | Pamela Herrington filed class and collective actions against Waterstone Mortgage Corporation, her former employer, for wage and hour violations. The district court compelled arbitration pursuant to an agreement between Herrington and Waterstone, but it struck as unlawful a waiver clause that appeared to forbid class or... |
J.S.T. Corporation v. Foxconn Interconnect Technology Ltd. | J.S.T. Corporation, which is based in Illinois, produces a type of electronic equipment called a connector. Bosch, an engineering company, asked J.S.T. to design and manufacture a connector that Bosch could incorporate into a part that it builds for General Motors. For a time, Bosch retained J.S.T. as its sole supplier... | 2,020 | Barrett | majority | J.S.T. Corporation, which is based in Illinois, produces a type of electronic equipment called a connector. Bosch, an engineering company, asked J.S.T. to design and manufacture a connector that Bosch could incorporate into a part that it builds for General Motors. For a time, Bosch retained J.S.T. as its sole supplier... |
Kanter v. Barr | History is consistent with common sense: it demonstrates that legislatures have the power to prohibit dangerous people from possessing guns. But that power extends only to people who are dangerous. Founding-era legislatures did not strip felons of the right to bear arms simply because of their status as felons. Nor hav... | 2,019 | Barrett | majority | History is consistent with common sense: it demonstrates that legislatures have the power to prohibit dangerous people from possessing guns. But that power extends only to people who are dangerous. Founding-era legislatures did not strip felons of the right to bear arms simply because of their status as felons. Nor hav... |
Lett v. City of Chicago | Kelvin Lett was an investigator in the Chicago municipal office that reviews allegations of police misconduct. In that role, Lett helped prepare an investigative report about a police shooting. Lett’s supervisor directed him to write in the report that police officers had planted a gun on the victim of the shooting, bu... | 2,020 | Barrett | majority | Kelvin Lett was an investigator in the Chicago municipal office that reviews allegations of police misconduct. In that role, Lett helped prepare an investigative report about a police shooting. Lett’s supervisor directed him to write in the report that police officers had planted a gun on the victim of the shooting, bu... |
Lexington Insurance Company v. Hotai Insurance Company, Ltd. | Zurich Insurance (Taiwan), Ltd., and Taian Insurance Company, Ltd., are insurance companies based in Taiwan.1 Each provided worldwide products-liability insurance coverage to two Taiwanese companies that supplied parts and inventory to Trek Bicycle Corporation, which is based in Wisconsin. As part of their agreements w... | 2,019 | Barrett | majority | Zurich Insurance (Taiwan), Ltd., and Taian Insurance Company, Ltd., are insurance companies based in Taiwan.1 Each provided worldwide products-liability insurance coverage to two Taiwanese companies that supplied parts and inventory to Trek Bicycle Corporation, which is based in Wisconsin. As part of their agreements w... |
Mathews v. REV Recreation Group, Inc. | Vanessa and Randy Mathews purchased an RV, which came with a one-year warranty from the manufacturer, REV Recreation Group, Inc. The RV was riddled with problems from the time that they bought it, and these problems ultimately led the Mathews to sue REV. We sympathize with the Mathews’ plight; they bought a lemon. But ... | 2,019 | Barrett | majority | Vanessa and Randy Mathews purchased an RV, which came with a one-year warranty from the manufacturer, REV Recreation Group, Inc. The RV was riddled with problems from the time that they bought it, and these problems ultimately led the Mathews to sue REV. We sympathize with the Mathews’ plight; they bought a lemon. But ... |
McCottrell v. White | As the plaintiffs briefed and argued this case, they would have lost it. They argued that the defendants violated the Eighth Amendment by discharging their weapons into the ceiling, rather than into the shot box, immediately after the fight had been broken up and there was no plausible need for that use of force. But t... | 2,019 | Barrett | majority | As the plaintiffs briefed and argued this case, they would have lost it. They argued that the defendants violated the Eighth Amendment by discharging their weapons into the ceiling, rather than into the shot box, immediately after the fight had been broken up and there was no plausible need for that use of force. But t... |
Morales v. Barr | Yeison Meza Morales is a native and citizen of Mexico who entered the United States without inspection as a child. As an adult, Meza Morales petitioned for U nonimmigrant status, a special visa for victims of certain crimes. While his petition was pending, he was charged as removable based on two grounds of inadmissibi... | 2,020 | Barrett | majority | Yeison Meza Morales is a native and citizen of Mexico who entered the United States without inspection as a child. As an adult, Meza Morales petitioned for U nonimmigrant status, a special visa for victims of certain crimes. While his petition was pending, he was charged as removable based on two grounds of inadmissibi... |
O'Neal v. Reilly | Harry O'Neal was convicted of aggravated battery of a police officer after an altercation during a traffic stop. While incarcerated *974 and while his criminal conviction was pending on direct appeal, O'Neal filed a pro se lawsuit that asserted § 1983 claims against the police officers who had arrested him. Under Heck ... | 2,020 | Barrett | majority | Harry O'Neal was convicted of aggravated battery of a police officer after an altercation during a traffic stop. While incarcerated *974 and while his criminal conviction was pending on direct appeal, O'Neal filed a pro se lawsuit that asserted 1983 claims against the police officers who had arrested him. Under Heck v.... |
PMT Machinery Sales, Inc. v. Yama Seiki USA, Inc. | A company that enters a dealership agreement with a manufacturer takes a risk. Investing in the sale of the manufacturer’s products may generate significant profits. But if a manufacturer pulls out, a dealer who has made that investment may be left high and dry. To give dealers some protection, the Wisconsin Fair Deal... | 2,019 | Barrett | majority | A company that enters a dealership agreement with a manufacturer takes a risk. Investing in the sale of the manufacturer’s products may generate significant profits. But if a manufacturer pulls out, a dealer who has made that investment may be left high and dry. To give dealers some protection, the Wisconsin Fair Deale... |
Perrone v. United States | Terry Learn died after Joseph Perrone injected her with 7.5 grams of cocaine. Perrone pleaded guilty to a single count of unlawful drug distribution and stipulated that his distribution of the cocaine had caused Learn's death. In accordance with Perrone's plea agreement, the district court applied a statutory sentencin... | 2,018 | Barrett | majority | Terry Learn died after Joseph Perrone injected her with 7.5 grams of cocaine. Perrone pleaded guilty to a single count of unlawful drug distribution and stipulated that his distribution of the cocaine had caused Learn's death. In accordance with Perrone's plea agreement, the district court applied a statutory sentencin... |
Pittman by and through Hamilton v. County of Madison, Illinois | Reginald Pittman attempted suicide at the Madison County jail in 2007. Although the attempt failed, it left him in a vegetative state. Through his guardian, Pittman filed this § 1983 suit against Madison County and then-Madison County jail employees, Sergeant Randy Eaton and Deputy Matthew Werner, alleging that they vi... | 2,020 | Barrett | majority | Reginald Pittman attempted suicide at the Madison County jail in 2007. Although the attempt failed, it left him in a vegetative state. Through his guardian, Pittman filed this 1983 suit against Madison County and then-Madison County jail employees, Sergeant Randy Eaton and Deputy Matthew Werner, alleging that they viol... |
Protect Our Parks, Inc. v. Chicago Park District | This case is about the plaintiffs’ quest to halt construction of the Obama Presidential Center in Chicago's Jackson Park. First developed as the site for the Chicago World's Fair in 1893, Jackson Park has a storied place in Chicago history, and as public land, it must remain dedicated to a public purpose. The City made... | 2,020 | Barrett | majority | This case is about the plaintiffs’ quest to halt construction of the Obama Presidential Center in Chicago's Jackson Park. First developed as the site for the Chicago World's Fair in 1893, Jackson Park has a storied place in Chicago history, and as public land, it must remain dedicated to a public purpose. The City made... |
Purtue v. Wisconsin Department of Corrections | Lisa Purtue was fired from her job as a Wisconsin correctional officer for falsely claiming that a prisoner hit her with an empty snack cake box that he threw from his cell. Video footage revealed that the box did not in fact hit Purtue, and, after a review process, the warden dismissed her *600 for making a false repo... | 2,020 | Barrett | majority | Lisa Purtue was fired from her job as a Wisconsin correctional officer for falsely claiming that a prisoner hit her with an empty snack cake box that he threw from his cell. Video footage revealed that the box did not in fact hit Purtue, and, after a review process, the warden dismissed her *600 for making a false repo... |
Rainsberger v. Benner | William Rainsberger was charged with murdering his elderly mother. But the detective who built the case against him, Charles Benner, may have been dishonest. According to Rainsberger, Benner submitted a probable cause affidavit that was riddled with lies and undercut by the omission of exculpatory evidence. Based on th... | 2,019 | Barrett | majority | William Rainsberger was charged with murdering his elderly mother. But the detective who built the case against him, Charles Benner, may have been dishonest. According to Rainsberger, Benner submitted a probable cause affidavit that was riddled with lies and undercut by the omission of exculpatory evidence. Based on th... |
Ruckelshaus v. Cowan | Elizabeth Ruckelshaus appeals the district court's determination that Indiana's statute of limitations bars her legal malpractice *643 claim. More than twenty years ago, she hired the defendants to help her and her brother, Thomas Ruckelshaus, access assets held in a trust that their father set up for their benefit. Ru... | 2,020 | Barrett | majority | Elizabeth Ruckelshaus appeals the district court's determination that Indiana's statute of limitations bars her legal malpractice *643 claim. More than twenty years ago, she hired the defendants to help her and her brother, Thomas Ruckelshaus, access assets held in a trust that their father set up for their benefit. Ru... |
Ruderman v. Whitaker | Aleksey Arkadyevich Ruderman is seeking to avoid removal to Belarus, his native country. An immigration judge ruled that Ruderman was inadmissible under the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(B), and thus subject to removal. The judge also held that Ruderman was not eligible for a waiver of inadmiss... | 2,019 | Barrett | majority | Aleksey Arkadyevich Ruderman is seeking to avoid removal to Belarus, his native country. An immigration judge ruled that Ruderman was inadmissible under the Immigration and Nationality Act, (a)(2)(B), and thus subject to removal. The judge also held that Ruderman was not eligible for a waiver of inadmissibility and adj... |
Sansone v. Brennan | Tony Sansone, who is confined to a wheelchair, needs a parking place with room to deploy his van's wheelchair ramp. For years, the Postal Service, his employer, provided him one. But in 2011, it took that spot away and failed to provide him with a suitable replacement. Sansone then retired and sued the Service under th... | 2,019 | Barrett | majority | Tony Sansone, who is confined to a wheelchair, needs a parking place with room to deploy his van's wheelchair ramp. For years, the Postal Service, his employer, provided him one. But in 2011, it took that spot away and failed to provide him with a suitable replacement. Sansone then retired and sued the Service under th... |
Schmidt v. Foster | I dissent from the majority opinion for three reasons. First, I disagree that clearly established Supreme Court precedent dictates the resolution of Schmidt's Sixth Amendment claim. The majority says that this ex parte and in camera proceeding was a “critical stage,” but the Court's “critical stage” precedent deals exc... | 2,018 | Barrett | majority | I dissent from the majority opinion for three reasons. First, I disagree that clearly established Supreme Court precedent dictates the resolution of Schmidt's Sixth Amendment claim. The majority says that this ex parte and in camera proceeding was a “critical stage,” but the Court's “critical stage” precedent deals exc... |
Shakman v. Clerk of Circuit Court of Cook County | Many years ago, a class of plaintiffs sued the Clerk of the Circuit Court of *812 Cook County, alleging that the Clerk was engaging in unlawful political patronage in violation of the First and Fourteenth Amendments of the Constitution. In 1972, the Clerk and the plaintiffs entered into a consent decree that prohibited... | 2,020 | Barrett | majority | Many years ago, a class of plaintiffs sued the Clerk of the Circuit Court of *812 Cook County, alleging that the Clerk was engaging in unlawful political patronage in violation of the First and Fourteenth Amendments of the Constitution. In 1972, the Clerk and the plaintiffs entered into a consent decree that prohibited... |
Sims v. Hyatte | I dissent from the majority opinion because it fails to give the Indiana Court of Appeals the deference required by 28 U.S.C. § 2254(d). Under that provision, a federal court may grant habeas relief only if the state court proceedings (1) “resulted in a decision that was contrary to, or involved an unreasonable applica... | 2,019 | Barrett | majority | I dissent from the majority opinion because it fails to give the Indiana Court of Appeals the deference required by (d). Under that provision, a federal court may grant habeas relief only if the state court proceedings (1) “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly... |
Smith v. Illinois Department of Transportation | After a rocky probationary period, the Illinois Department of Transportation discharged its employee Terry Smith. Smith sued the Department under Title VII, arguing that it had subjected him to a hostile work environment and fired him in retaliation for his complaints about racial discrimination. The district court gra... | 2,019 | Barrett | majority | After a rocky probationary period, the Illinois Department of Transportation discharged its employee Terry Smith. Smith sued the Department under Title VII, arguing that it had subjected him to a hostile work environment and fired him in retaliation for his complaints about racial discrimination. The district court gra... |
Smith v. Rosebud Farm, Inc. | Robert Smith worked behind the meat counter at Rosebud Farm, a local grocery store. After several years of ongoing sexual and racial harassment from his male coworkers and supervisor, Smith sued Rosebud. He claimed various violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the Illinois Gende... | 2,018 | Barrett | majority | Robert Smith worked behind the meat counter at Rosebud Farm, a local grocery store. After several years of ongoing sexual and racial harassment from his male coworkers and supervisor, Smith sued Rosebud. He claimed various violations of Title VII of the Civil Rights Act of 1964, and the Illinois Gender Violence Act. Th... |
Torry v. City of Chicago | One afternoon in 2014, three Chicago police officers stopped three black men in a grey sedan to investigate a nearby shooting that had happened a few hours earlier. When the passengers sued the officers a year later, none of the officers remembered the Terry stop. Lacking recall, they relied on other evidence to show t... | 2,019 | Barrett | majority | One afternoon in three Chicago police officers stopped three black men in a grey sedan to investigate a nearby shooting that had happened a few hours earlier. When the passengers sued the officers a year later, none of the officers remembered the Terry stop. Lacking recall, they relied on other evidence to show that re... |
United States v. Allgire | The district court revoked Michael Allgire’s supervised release after Allgire skipped out one month into his six-month term at a halfway house. The district court sentenced him to reimprisonment—24 months on one count of his original conviction and 17 months on another count, set to run concurrently. He now argues both... | 2,019 | Barrett | majority | The district court revoked Michael Allgire’s supervised release after Allgire skipped out one month into his six-month term at a halfway house. The district court sentenced him to reimprisonment—24 months on one count of his original conviction and 17 months on another count, set to run concurrently. He now argues both... |
United States v. Atwood | Judge Colin S. Bruce sentenced James Atwood to 210 months’ imprisonment for *884 federal drug crimes. While Atwood's case was pending, Judge Bruce improperly communicated ex parte with the prosecuting U.S. Attorney's Office about other cases. The federal recusal statute requires a judge to recuse himself from any proce... | 2,019 | Barrett | majority | Judge Colin S. Bruce sentenced James Atwood to 210 months’ imprisonment for *884 federal drug crimes. While Atwood's case was pending, Judge Bruce improperly communicated ex parte with the prosecuting U.S. Attorney's Office about other cases. The federal recusal statute requires a judge to recuse himself from any proce... |
United States v. Barnes | David Barnes appeals his sentence. He argues that the district court incorrectly calculated his Guidelines range by counting a local ordinance violation for “Smoking Marihuana at a Public Park” in his criminal history score. Because Barnes has waived this argument, we affirm the district court.
I.
In 2010, Barnes plead... | 2,018 | Barrett | majority | David Barnes appeals his sentence. He argues that the district court incorrectly calculated his Guidelines range by counting a local ordinance violation for “Smoking Marihuana at a Public Park” in his criminal history score. Because Barnes has waived this argument, we affirm the district court. I. In 2010, Barnes plead... |
United States v. Briggs | Alandous Briggs pleaded guilty to being a felon in possession of a firearm after officers found drugs and firearms at his home during a parole visit. At sentencing, the district court applied a four-level enhancement for possessing a firearm in connection with felony possession of drugs. But because the district court ... | 2,019 | Barrett | majority | Alandous Briggs pleaded guilty to being a felon in possession of a firearm after officers found drugs and firearms at his home during a parole visit. At sentencing, the district court applied a four-level enhancement for possessing a firearm in connection with felony possession of drugs. But because the district court ... |
United States v. Cherry | Bernard Cherry appeals his conviction as a felon in possession of a firearm on the ground that the district court erred by not giving the jury his proposed “innocent possession” instruction. He also claims that the district court erred by not asking whether he wanted the jury to determine the forfeitability of the fire... | 2,019 | Barrett | majority | Bernard Cherry appeals his conviction as a felon in possession of a firearm on the ground that the district court erred by not giving the jury his proposed “innocent possession” instruction. He also claims that the district court erred by not asking whether he wanted the jury to determine the forfeitability of the fire... |
United States v. Geary | This case is the culmination of a grotesque history of sexual abuse in the Geary household. Over a number of years, David Geary—Sheila Geary’s husband—raped, sexually abused, and took pornographic photos of the Gearys’ youngest daughter when she was between the ages of 5 and 8. During a period in which the couple hoped... | 2,020 | Barrett | majority | This case is the culmination of a grotesque history of sexual abuse in the Geary household. Over a number of years, David Geary—Sheila Geary’s husband—raped, sexually abused, and took pornographic photos of the Gearys’ youngest daughter when she was between the ages of 5 and 8. During a period in which the couple hoped... |
United States v. Hagen | Mandy Hagen was convicted twice under Illinois law for failing to get her children to school. When she later pleaded guilty in federal court for conspiring to distribute methamphetamine, the district court counted her two convictions for allowing child truancy toward her criminal history score. That was an error. Secti... | 2,019 | Barrett | majority | Mandy Hagen was convicted twice under Illinois law for failing to get her children to school. When she later pleaded guilty in federal court for conspiring to distribute methamphetamine, the district court counted her two convictions for allowing child truancy toward her criminal history score. That was an error. Secti... |
United States v. Kennedy-Robey | Jacqueline Kennedy-Robey pleaded guilty to one count of mail fraud in violation of 18 U.S.C. § 1341. The district court imposed an above-guidelines sentence. On appeal, Kennedy-Robey argues that the district court failed to consider either her mental health condition or the more lenient sentences received by defendants... | 2,020 | Barrett | majority | Jacqueline Kennedy-Robey pleaded guilty to one count of mail fraud in violation of The district court imposed an above-guidelines sentence. On appeal, Kennedy-Robey argues that the district court failed to consider either her mental health condition or the more lenient sentences received by defendants convicted of simi... |
United States v. Kienast | In 2015, federal agents infiltrated a child pornography website called Playpen and deployed a computer program to identify Playpen's users. This operation resulted in the successful prosecution of defendants all around the country, including Neil Kienast, Marcus Owens, and Braman Broy, whose appeals are consolidated be... | 2,018 | Barrett | majority | In 2015, federal agents infiltrated a child pornography website called Playpen and deployed a computer program to identify Playpen's users. This operation resulted in the successful prosecution of defendants all around the country, including Neil Kienast, Marcus Owens, and Braman Broy, whose appeals are consolidated be... |
United States v. King | Nathaniel Hoskins, Julian Martin, and Torrie King were members of the Imperial Insane Vice Lords, a gang in Chicago. Following a multi-year investigation into the gang's activities, they were prosecuted together in a bench trial and convicted on several counts. After trial and before sentencing, the government disclose... | 2,018 | Barrett | majority | Nathaniel Hoskins, Julian Martin, and Torrie King were members of the Imperial Insane Vice Lords, a gang in Chicago. Following a multi-year investigation into the gang's activities, they were prosecuted together in a bench trial and convicted on several counts. After trial and before sentencing, the government disclose... |
United States v. Lee | Kash Lee appeals the sentence he received when his supervised release was revoked. He faults the district court for not addressing what he now characterizes as his principal argument in mitigation: that a longer sentence would unjustifiably subject him to harsher treatment than similarly situated defendants. But Lee di... | 2,018 | Barrett | majority | Kash Lee appeals the sentence he received when his supervised release was revoked. He faults the district court for not addressing what he now characterizes as his principal argument in mitigation: that a longer sentence would unjustifiably subject him to harsher treatment than similarly situated defendants. But Lee di... |
United States v. Moody | Within two days of helping his codefendants steal more than 100 guns from a train car, Dandre Moody sold 13 of them to anonymous buyers who telephoned him after they “heard about it.” He pleaded guilty to possessing a firearm as a felon, 18 U.S.C. § 922(g)(1); possessing a stolen firearm, id. § 922(j); and cargo theft,... | 2,019 | Barrett | majority | Within two days of helping his codefendants steal more than 100 guns from a train car, Dandre Moody sold 13 of them to anonymous buyers who telephoned him after they “heard about it.” He pleaded guilty to possessing a firearm as a felon, (g)(1); possessing a stolen firearm, 922(j); and cargo theft, 659, for which he wa... |
United States v. Rutherford | In my view, Rutherford’s notice of appeal was effective to bring up review of only one of the district court’s two decisions: its denial of Rutherford’s motion to reconsider, not its decision on the merits of Rutherford’s motion to modify his sentence.
Under the Sentencing Reform Act, a district court is only authorize... | 2,020 | Barrett | majority | In my view, Rutherford’s notice of appeal was effective to bring up review of only one of the district court’s two decisions: its denial of Rutherford’s motion to reconsider, not its decision on the merits of Rutherford’s motion to modify his sentence. Under the Sentencing Reform Act, a district court is only authorize... |
United States v. Sparkman | Section 403 of the First Step Act of 2018 amended the mandatory minimum sentence for certain firearm offenses. Sentencing reform is generally prospective, but these amendments also apply to an offense committed before enactment “if a sentence for the offense has not been imposed as of such date of enactment.” First Ste... | 2,020 | Barrett | majority | Section 403 of the First Step Act of 2018 amended the mandatory minimum sentence for certain firearm offenses. Sentencing reform is generally prospective, but these amendments also apply to an offense committed before enactment “if a sentence for the offense has not been imposed as of such date of enactment.” First Ste... |
United States v. Terry | Is it reasonable for officers to assume that a woman who answers the door in a bathrobe has authority to consent to a search of a male suspect's residence? We hold that the answer is no. The officers could reasonably assume that the woman had spent the night at the apartment, but that's about as far as a bathrobe could... | 2,019 | Barrett | majority | Is it reasonable for officers to assume that a woman who answers the door in a bathrobe has authority to consent to a search of a male suspect's residence? We hold that the answer is no. The officers could reasonably assume that the woman had spent the night at the apartment, but that's about as far as a bathrobe could... |
United States v. Uriarte | Hector Uriarte was initially sentenced for firearm offenses before Congress passed the First Step Act, but we vacated his sentence on unrelated grounds before the Act's effective date. United States v. Cardena, 842 F.3d 959 (7th Cir. 2016). Despite the district court's imposition of the initial sentence, the majority c... | 2,020 | Barrett | majority | Hector Uriarte was initially sentenced for firearm offenses before Congress passed the First Step Act, but we vacated his sentence on unrelated grounds before the Act's effective date. United Despite the district court's imposition of the initial sentence, the majority concludes that “a sentence for the offense ha[d] n... |
United States v. Vaccaro | Travis Vaccaro entered a conditional guilty plea to possessing a firearm as a felon, 18 U.S.C. § 922(g), preserving his right to appeal the denial of his motion to suppress the gun. Vaccaro contests both *434 the pat-down search that occurred seconds after police officers pulled over his car and the search of the car t... | 2,019 | Barrett | majority | Travis Vaccaro entered a conditional guilty plea to possessing a firearm as a felon, (g), preserving his right to appeal the denial of his motion to suppress the gun. Vaccaro contests both *434 the pat-down search that occurred seconds after police officers pulled over his car and the search of the car that yielded the... |
United States v. Walker | Richard Walker was convicted for failing to register as a sex offender between 2016 and 2017, as required by the Sex Offender Registration and Notification Act. He argues that his conviction must be vacated because he did not have to register at that time. We agree. Because his obligation to *578 register—triggered by ... | 2,019 | Barrett | majority | Richard Walker was convicted for failing to register as a sex offender between and 2017, as required by the Sex Offender Registration and Notification Act. He argues that his conviction must be vacated because he did not have to register at that time. We agree. Because his obligation to *578 register—triggered by a 199... |
United States v. Watson | The police received an anonymous 911 call from a 14-year-old who borrowed a stranger's phone and reported seeing “boys” “playing with guns” by a “gray and greenish Charger” in a nearby parking lot. A police officer then drove to the lot and blocked a car matching the caller's description. The police found that a passen... | 2,018 | Barrett | majority | The police received an anonymous 911 call from a 14-year-old who borrowed a stranger's phone and reported seeing “boys” “playing with guns” by a “gray and greenish Charger” in a nearby parking lot. A police officer then drove to the lot and blocked a car matching the caller's description. The police found that a passen... |
United States v. Williams | Jaboree Williams argues that his conviction was tainted by improperly admitted expert testimony. He maintains that the government violated the expert disclosure rules by giving him inadequate notice of what its expert planned to say at trial. Moreover, he says that the government used the expert's testimony to make an ... | 2,018 | Barrett | majority | Jaboree Williams argues that his conviction was tainted by improperly admitted expert testimony. He maintains that the government violated the expert disclosure rules by giving him inadequate notice of what its expert planned to say at trial. Moreover, he says that the government used the expert's testimony to make an ... |
United States v. Young | Allen Young was indicted for the sex trafficking of four minors and the attempted sex trafficking of a fifth. Three weeks before his trial was scheduled to start, Young fired his attorney and invoked his right to represent himself. The result was predictable. The government presented compelling evidence—including the t... | 2,020 | Barrett | majority | Allen Young was indicted for the sex trafficking of four minors and the attempted sex trafficking of a fifth. Three weeks before his trial was scheduled to start, Young fired his attorney and invoked his right to represent himself. The result was predictable. The government presented compelling evidence—including the t... |
VHC, Inc. v. Commissioner of Internal Revenue | For more than a decade, Ron Van Den Heuvel received cash payments from VHC, a company founded by his father and owned by his family. These payments primarily supported Ron's business ventures but also helped him pay personal taxes and cover other personal expenses. Ron didn't pay VHC back, and the company wrote down th... | 2,020 | Barrett | majority | For more than a decade, Ron Van Den Heuvel received cash payments from VHC, a company founded by his father and owned by his family. These payments primarily supported Ron's business ventures but also helped him pay personal taxes and cover other personal expenses. Ron didn't pay VHC back, and the company wrote down th... |
Varlen Corporation v. Liberty Mutual Insurance Company | Varlen Corporation owned and operated two industrial sites that were found to have significant amounts of groundwater contamination related to the sites’ operations. When its insurer, Liberty Mutual Insurance Company, refused to indemnify it, Varlen sued. Varlen's case turned on testimony from an expert witness, who wa... | 2,019 | Barrett | majority | Varlen Corporation owned and operated two industrial sites that were found to have significant amounts of groundwater contamination related to the sites’ operations. When its insurer, Liberty Mutual Insurance Company, refused to indemnify it, Varlen sued. Varlen's case turned on testimony from an expert witness, who wa... |
Vega v. Chicago Park District | Lydia Vega sued her former employer, the Chicago Park District, alleging that the Park District discriminated against her due to her national origin in violation of Title VII and 42 U.S.C. § 1983. After a seven-day jury trial, the jury returned a verdict in Vega's favor on both claims and awarded her $750,000 in compen... | 2,020 | Barrett | majority | Lydia Vega sued her former employer, the Chicago Park District, alleging that the Park District discriminated against her due to her national origin in violation of Title VII and After a seven-day jury trial, the jury returned a verdict in Vega's favor on both claims and awarded her $750,000 in compensatory damages. Th... |
Walker v. Price |
1
A litigant in a civil case has neither a statutory nor a constitutional right to counsel. He can, however, ask the court to recruit counsel to represent him on a pro bono basis. When the court receives such a request from an indigent plaintiff, it must determine whether the plaintiff has made a reasonable attempt to... | 2,018 | Barrett | majority | 1 A litigant in a civil case has neither a statutory nor a constitutional right to counsel. He can, however, ask the court to recruit counsel to represent him on a pro bono basis. When the court receives such a request from an indigent plaintiff, it must determine whether the plaintiff has made a reasonable attempt to ... |
Wallace v. Grubhub Holdings, Inc. | Section 1 of the Federal Arbitration Act exempts from the Act's coverage “contracts of employment” of two enumerated categories of workers—“seamen” and “railroad employees.” But it also exempts the contracts of a residual category—“any other class of workers engaged in foreign or interstate commerce.” This appeal requ... | 2,020 | Barrett | majority | Section 1 of the Federal Arbitration Act exempts from the Act's coverage “contracts of employment” of two enumerated categories of workers—“seamen” and “railroad employees.” But it also exempts the contracts of a residual category—“any other class of workers engaged in foreign or interstate commerce.” This appeal requi... |
Walton v. EOS CCA | Deborah Walton sued EOS CCA, a debt collector, under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Walton argues that EOS violated the former by failing to contact the creditor directly to “obtain[ ] verification” of her debt and the latter by failing to investigate disputed information. The... | 2,018 | Barrett | majority | Deborah Walton sued EOS CCA, a debt collector, under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Walton argues that EOS violated the former by failing to contact the creditor directly to “obtain[ ] verification” of her debt and the latter by failing to investigate disputed information. The... |
Webb v. Financial Industry Regulatory Authority, Inc. | The parties cast this case as one about arbitral immunity, which is the ground on which the district court dismissed the complaint. It turns out, however, that the case is really about federal jurisdiction. We asked the parties to submit supplemental briefs on this question, and they both contend that subject matter ju... | 2,018 | Barrett | majority | The parties cast this case as one about arbitral immunity, which is the ground on which the district court dismissed the complaint. It turns out, however, that the case is really about federal jurisdiction. We asked the parties to submit supplemental briefs on this question, and they both contend that subject matter ju... |
Weil v. Metal Technologies, Inc. | Brian Weil and Melissa Fulk filed class and collective actions against Metal Technologies, alleging wage violations under the Fair Labor Standards Act and Indiana wage laws. They had two basic complaints. First, they argued that Metal Technologies unlawfully paid employees only for the hours that they were scheduled to... | 2,019 | Barrett | majority | Brian Weil and Melissa Fulk filed class and collective actions against Metal Technologies, alleging wage violations under the Fair Labor Standards Act and Indiana wage laws. They had two basic complaints. First, they argued that Metal Technologies unlawfully paid employees only for the hours that they were scheduled to... |
Williams v. Norfolk Southern Corporation | Ja'Lin Williams was struck by a train while he and his friends were running away from a police officer. He sued the railway, which he believed was at fault for his injuries. But the district court granted summary judgment to the railway, concluding that Williams was barred from recovery by Indiana law because he was mo... | 2,019 | Barrett | majority | Ja'Lin Williams was struck by a train while he and his friends were running away from a police officer. He sued the railway, which he believed was at fault for his injuries. But the district court granted summary judgment to the railway, concluding that Williams was barred from recovery by Indiana law because he was mo... |
Williams v. Wexford Health Sources, Inc. | Administrative exhaustion under the Prison Litigation Reform Act (PLRA) is an affirmative defense, so the defendant bears the burden of showing that the plaintiff failed to exhaust. Jones v. Bock, 549 U.S. 199, 212, 127 S.Ct. 910, 166 L.Ed.2d 798 (2007); Dole v. Chandler, 438 F.3d 804, 809 (7th Cir. 2006). At oral argu... | 2,020 | Barrett | majority | Administrative exhaustion under the Prison Litigation Reform Act (PLRA) is an affirmative defense, so the defendant bears the burden of showing that the plaintiff failed to exhaust. ; At oral argument, Wexford stated that if the Administrative Review Board had denied Williams’s appeal of his emergency grievance determi... |
Wisconsin Central Limited v. TiEnergy, LLC | Demurrage is a charge that rail carriers are statutorily required to impose when rail cars are detained beyond the time the tariff allows for loading or unloading. It serves two functions: it secures the rail carrier compensation for the use of the car, and it serves the public's interest in making the cars available t... | 2,018 | Barrett | majority | Demurrage is a charge that rail carriers are statutorily required to impose when rail cars are detained beyond the time the tariff allows for loading or unloading. It serves two functions: it secures the rail carrier compensation for the use of the car, and it serves the public's interest in making the cars available t... |
Yafai v. Pompeo | A consular officer twice denied the visa application of Zahoor Ahmed, a citizen of Yemen, on the ground that she had sought to smuggle two children into the United States. Ahmed and her husband Mohsin Yafai—a United States citizen—filed suit challenging the officer's decision. But the decision is facially legitimate an... | 2,019 | Barrett | majority | A consular officer twice denied the visa application of Zahoor Ahmed, a citizen of Yemen, on the ground that she had sought to smuggle two children into the United States. Ahmed and her husband Mohsin Yafai—a United States citizen—filed suit challenging the officer's decision. But the decision is facially legitimate an... |
Rae v. Children's National Medical Center | *1 Plaintiff Charlesworth Rae, an African-American man of Antiguan descent, was employed as an Investigational Research Pharmacist at Children's National Medical Center (“CNMC”) from February of 2010 until CNMC terminated his employment in December of 2014. (See 1st Am. Compl. (“Am. Compl.”), ECF No. 22-1, ¶¶ 3, 5, 7.)... | 2,020 | Jackson | majority | *1 Plaintiff Charlesworth Rae, an frican-merican man of ntiguan descent, was employed as an Investigational Research Pharmacist at Children's National Medical Center (“CNMC”) from February of 2010 until CNMC terminated his employment in December of 2014. (See 1st m. Compl. (“m. Compl.”), ECF No. 22-1, ¶¶ 3, 5, 7.) Rae ... |
Adams v. McConnell | Plaintiff, appearing pro se, has filed a “Petition for a Redress of Grievances Against the Government,” and an application to proceed in forma pauperis. The application will be granted, and the case will be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)(iii) (requiring dismissal of a case upon a determination that... | 2,020 | Jackson | majority | Plaintiff, appearing pro se, has filed a “Petition for a Redress of Grievances Against the Government,” and an application to proceed in forma pauperis. The application will be granted, and the case will be dismissed pursuant to (e)(2)(B)(ii)(iii) (requiring dismissal of a case upon a determination that the complaint f... |
American Federation of Labor and Congress of Industrial Organizations v. National Labor Relations Board | On March 6, 2020, the American Federation of Labor and Congress of Industrial Organizations (“AFL-CIO” or “Plaintiff”) filed a complaint in this Court to challenge *233 a rule that the National Labor Relations Board (“NLRB”) recently promulgated in order to regulate union-representation elections. (See Compl., ECF No. ... | 2,020 | Jackson | majority | O March 6, the America Federatio of ad Cogress of dustrial Orgaizatios (“AFL-CO” or “Plaitiff”) filed a complait i this Court to challege *233 a rule that the Natioal Relatios Board (“NLRB”) recetly promulgated i order to regulate uio-represetatio electios. (See Compl., ECF No. 1.) The complait ivokes the Admiistrative... |
Amos v. Saul | Plaintiff Jerome Amos applied to the Commissioner of Social Security, Defendant Andrew Saul (“Commissioner” or “Defendant”), for disability insurance benefits in 2013, claiming that he was disabled due to post-traumatic stress disorder (“PTSD”), migraine headaches, bilateral hearing loss, sleep apnea, and upper and low... | 2,019 | Jackson | majority | Plaintiff Jerome Amos applied to the Commissioner of Social Security, Defendant Andrew Saul (“Commissioner” or “Defendant”), for disability insurance benefits in 2013, claiming that he was disabled due to post-traumatic stress disorder (“PTSD”), migraine headaches, bilateral hearing loss, sleep apnea, and upper and low... |
Baisden v. Barr | On January 31, 2012, Plaintiff Lowell Baisden was sentenced to a 37-month term of imprisonment after pleading guilty to willfully attempting to evade the federal income tax that his two co-defendants owed. See Judgment, United States v. Baisden, No. 4:09-cr-03031-2, ECF No. 283 (D. Neb. Jan. 31, 2012). Thus, Baisden ha... | 2,020 | Jackson | majority | On January 31, 01, Plaintiff Lowell Baisden was sentenced to a 37-month term of imprisonment after pleading guilty to willfully attempting to evade the federal income tax that his two co-defendants owed. See Judgment, United No. 4:09-cr-03031-, ECF No. 83 Thus, Baisden has been convicted of “a crime punishable by impri... |
Barber v. District of Columbia Government | Plaintiff Claudia Barber served as an Administrative Law Judge (“ALJ”) for the District of Columbia Office of Administrative Hearings (“OAH”) for eleven years, from August of 2005 until August of 2016, when she was terminated from that position. (See, e.g., First Am. Compl. (“Barber I Compl.”), ECF No. 11, ¶ 8; Compl. ... | 2,019 | Jackson | majority | Plaintiff Claudia Barber served as an Administrative Law Judge (“ALJ”) for the District of Columbia Office of Administrative Hearings (“OAH”) for eleven years, from August of 2005 until August of 2016, when she was terminated from that position. (See, e.g., First Am. Compl. (“Barber I Compl.”), ECF No. 11, ; Compl. (“B... |
Bird v. Barr | The plaintiffs in this case are current and former female employees of the Federal Bureau of Investigation (“FBI”) who allege that they suffered sex-based discrimination when they were enrolled in the FBI Academy's Basic Field Training Course. (See 3d Am. Compl, ECF No. 49, ¶ 1.) Before this Court at present is a motio... | 2,020 | Jackson | majority | The plaintiffs in this case are current and former female employees of the Federal Bureau of Investigation (“FBI”) who allege that they suffered sex-based discrimination when they were enrolled in the FBI Academy's Basic Field Training Course. (See 3d Am. Compl, ECF No. 49, ¶ 1.) Before this Court at present is a motio... |
Brightwell Dispensers Limited v. Dongguan ISCE Sanitary Ware Industrial Co. Ltd. | Plaintiff Brightwell Dispensers Limited (“Plaintiff” or “Brightwell”), a product manufacturer with a principal place of business in the United Kingdom, brings this action against Defendant Dongguan ISCE Sanitary Ware Industrial Co., Ltd. (“Defendant” or “Dongguan”), a product manufacturer with a principal place of busi... | 2,019 | Jackson | majority | Plaintiff Brightwell Dispensers Limited (“Plaintiff” or “Brightwell”), a product manufacturer with a principal place of business in the United Kingdom, brings this action against Defendant Dongguan ISCE Sanitary Ware Industrial Co., Ltd. (“Defendant” or “Dongguan”), a product manufacturer with a principal place of busi... |
Buchanan v. Sony Music Entertainment | Pro se plaintiff Moreh J. Buchanan has filed the instant lawsuit against four record companies and one movie studio under the Copyright Act, 17 U.S.C. § 501. (See Compl., ECF No. 1, at 14–17.)1 Buchanan alleges that he distributed four original songs to Defendants Sony Music Entertainment, Warner Music Group Corp., UMG... | 2,020 | Jackson | majority | Pro se plaintiff Moreh J. Buchanan has filed the instant lawsuit against four record companies and one movie studio under the Copyright Act, ( Compl., ECF No. 1, at 14–17.)1 Buchanan alleges that he distributed four original songs to Defendants Sony Music Entertainment, Warner Music Group Corp., UMG Recordings, Inc., a... |
CEF Energia, B.V. v. Italian Republic | Petitioners CEF Energia, B.V. (“CEF Energia”), Greentech Energy Systems A/S (now known as Athena Investments A/S) (“Greentech”), NovEnergia General Partner S.A. (acting as liquidator of NovEnergia II Energy & Environment (SCA) SICAR) (“NEE”), and NovEnergia II Italian Portfolio (“NIP”) (collectively, “Petitioners”) ar... | 2,020 | Jackson | majority | Petitioners CEF Energia, B.V. (“CEF Energia”), Greentech Energy Systems A/S (now known as Athena Investments A/S) (“Greentech”), NovEnergia Genera Partner S.A. (acting as iquidator of NovEnergia II Energy & Environment (SCA) SICAR) (“NEE”), and NovEnergia II Itaian Portfoio (“NIP”) (coectivey, “Petitioners”) are seekin... |
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