7th Circuit Court of Appeals - #criminal, #health, #immigration Law

Netherlands Ins.. Co. v. Phusion Projects, Inc. Docket: 12-1355 Opinion Date: December 16, 2013 Judge: Bauer Areas of Law: Contracts, Injury Law, Insurance Law Phusion manufactures and distributes an alcoholic beverage called “Four Loko.” Its original formula contained energy stimulants, such as caffeine, guarana, taurine, and wormwood. Phusion purchased a commercial general liability insurance policy and a umbrella policy from members of the Liberty Mutual Group. The policies include identical provisions, excluding coverage for bodily injury or property damage when the insured may be held liable by reason of causing or contributing to intoxication. Plaintiffs sued Phusion in separate state court actions, alleging injuries caused by consumption of Four Loko. Two cases involved traffic accidents, one involved a shooting, another involved paranoid behavior resulting in accidental death, and a fifth claim involved a death from heart trouble. Phusion notified Liberty, which sought a declaratory judgment regarding the scope of coverage. The district court examined the underlying cases in the context of comparable automobile exclusions and ruled that four of the five cases fell within the Liquor Liability Exclusion. The Seventh Circuit affirmed. The Liquor Liability Exclusions in the policies are unambiguous and apply to Phusion. The allegations of simple negligence raised by the plaintiffs in the underlying complaints are not sufficiently independent from the allegations that Phusion caused or contributed to the intoxication of any person. http://j.st/FVM View Case On: Justia  Google Scholar

Kim v. Holder Docket: 12-1626 Opinion Date: December 16, 2013 Areas of Law: Immigration Law Kim, his wife Ko, and their children are citizens of South Korea who were admitted to the U.S. in 2003, as nonimmigrant visitors for pleasure. Before an extension expired, Ko, obtained an F-1 visa, changing her status to that of a nonimmigrant student. As beneficiary of his wife’s application, Kim’s status was changed to that of spouse of a nonimmigrant student. In 2006, Ko’s F-1 status and, consequently, Kim’s F-2 status, were terminated. U.S. Citizenship and Immigration Services stated that Ko was ineligible for reinstatement because she had stopped attending classes without informing the school of an illness that she later claimed. While Ko’s motion to reopen or reconsider was pending, Kim became the beneficiary of an approved immigrant visa as an alien worker and moved to adjust his status to that of lawful permanent resident. USCIS denied the application, finding that he was ineligible because he had failed to maintain continuous lawful status since entering the U.S. In 2009, DHS charged Kim removable under 8 U.S.C. 1227(a)(1)(B). Kim argued that his failure to maintain legal status was due to circumstances beyond his control. The IJ found Kim removable. The BIA dismissed an appeal. The Seventh Circuit denied a petition for appeal. http://j.st/FVY View Case On: Justia  Google Scholar

Gogos v. AMS-Mech. Sys., Inc. Docket: 13-2571 Opinion Date: December 16, 2013 Judge: per curiam Areas of Law: Health Law, Labor & Employment Law Gogos, a pipe welder for 45 years, has taken blood pressure medication for more than eight years. He began working for AMS in December 2012 as a welder and pipe-fitter. The next month, his blood pressure spiked and he experienced intermittent vision loss and a red eye. His supervisor agreed that he could leave to seek immediate medical treatment. As Gogos left work, he saw his general foreman and stated that he was going to the hospital because “my health is not very good lately.” The foreman immediately fired him. After pursuing a charge with the Equal Employment Opportunity Commission, Gogos sued. He applied to proceed in forma pauperis and requested that the court recruit counsel, stating that he cannot afford an attorney; that he has only a grammar-school education; and that English is not his primary language. The district court dismissed, reasoning that Gogos’s medical conditions were “transitory” and “suspect.” The Seventh Circuit vacated, reasoning that Gogos stated a claim under the Americans with Disabilities Act, 42 U.S.C. 12112. http://j.st/FVq View Case On: Justia  Google Scholar

United States v. Gonzalez Docket: 13-1832 Opinion Date: December 16, 2013 Judge: Bauer Areas of Law: Criminal Law In November 2010, law enforcement intercepted six railcars that crossed from Mexico into the U.S. and discovered that the railcars contained large amounts of marijuana, which had been packed into bricks. The marijuana bricks were encased in colored clay shells and hidden inside bags called “super sacks.” The officials followed the railcars to their final destination, a warehouse in Chicago Heights, and conducted surveillance of the warehouse to identify the intended recipients. A jury found Gonzalez, who assisted in unloading the cargo, guilty of conspiring to possess with intent to distribute 1,000 kg or more of marijuana in violation of 21 U.S.C. 846, but acquitted him of possession with intent to distribute more than 1,000 kg of marijuana in violation of 21 U.S.C. 841(a)(1). The court subsequently entered a judgment of acquittal on the conspiracy charge. The Seventh Circuit reversed and remanded. The evidence was sufficient for a jury to reasonably conclude that Gonzalez knew, or at least strongly suspected that the super sacks contained illegal drugs and yet continued to participate in the operation. http://j.st/FV4 View Case On: Justia  Google Scholar

United States v. Seidling Docket: 13-1854 Opinion Date: December 16, 2013 Judge: Bauer Areas of Law: Criminal Law, White Collar Crime Seidling admitted to knowingly mailing documents containing false information about service of process or publication of notice to small claims courts in Wisconsin and hiding the filings of the actions from named defendants. Seidling argued that the elements of the mail fraud statute could not be met because he never intended the false statements and misrepresentations to be communicated to the victims. The combined total intended loss amount was calculated as $370,220. None of the defendants suffered immediate pecuniary harm, but many experienced challenges in reopening the lawsuits, getting them dismissed, clearing their credit, and removing the fraudulent lawsuits from the system. The district court found him guilty of 50 counts of mail fraud in violation of 18 U.S.C. 1341. The Seventh Circuit affirmed, rejecting an argument that there was no convergence between the victims’ losses and the fraudulent statements. Although his false statements and misrepresentations were not made directly to the victims, they still satisfied the requisite materiality element of mail fraud. The court noted Seidling’s history of fraudulent behavior, his lack of remorse, and the extensive details of his scheme, and held that the district court did not err in denying a reduction in sentencing for acceptance of responsibility. http://j.st/FVk View Case On: Justia  Google Scholar

US 7th Circuit Court of Appeals - Justia

Williams v. State of IL

Docket: 13-2652	Opinion Date: December 11, 2013
Judge: per curiam
Areas of Law: Civil Rights

Williams filed his complaint listing more than 100 defendants, including the state, its Attorney General, and Illinois State University, claiming that university police arrested him without probable cause and that other defendants pursued baseless criminal charges. After 13 months, the magistrate ordered Williams to explain why the defendants had not been served, warning that he was considering recommending dismissal for lack of prosecution. Williams responded that he had been stymied by the university’s refusal to supply names and home addresses of employees and that he had sent university counsel a request for waiver of service. Two more months passed. The magistrate recommended dismissal. When Williams requested summonses, 16 months had elapsed without service on any defendant. The district court dismissed, explaining that Williams had the burden of identifying the names and addresses and that Williams could have served the governmental defendants, but did not. Williams sought to reinstate the case, but the 28-day deadline had passed. On appeal, Williams argued that he had three extra days to ask for reconsideration because he received the dismissal by mail, FED. R. CIV. P. 6(d). The Seventh Circuit rejected the argument, reasoning that the rule enlarges the filing time only when the period for acting runs from service of a notice, not when the time begins after entry of judgment.

http://j.st/FXu

View Case On: Justia  Google Scholar Washington v. Parkinson Docket: 12-3042 Opinion Date: December 11, 2013 Judge: Kanne Areas of Law: Civil Rights, Constitutional Law, Criminal Law Washington was arrested as a suspect in a double homicide. While charges were pending, he filed a civil suit (42 U.S.C. 1983) against Officer Parkinson, alleging that she kicked him in the face and hit him with a flashlight while he was transported. The district court judge conducted voir dire. Juror Evans answered questions concerning his family background without incident. Asked whether he had ever been involved with the civil or criminal justice system, Evans responded, “Not that I know of.” Upon examination, Evans said he did not understand the question. The judge broke the question down and Evans admitted he had been arrested and requested a sidebar. He explained that he had a DUI pending and had suffered head injuries in the accident, but did not have difficulty sitting and listening or any lasting cognitive problems. Evans spoke slowly and frequently closed his eyes. Washington unsuccessfully challenged Evans for cause. At trial, Washington interrupted several times. He fired his appointed counsel and proceeded pro se. The judge asked Washington whether he wanted to continue with jurors who had seen him argue with his attorney. Washington consented to continue with the original jury. He later returned to allowing representation by counsel, who had not left. The jury returned a verdict in favor of Parkinson. The Seventh Circuit affirmed, finding that Washington waived his challenge to Juror Evans. http://j.st/FX2 View Case On: Justia  Google Scholar Chen v. Holder Docket: 13-1758 Opinion Date: December 11, 2013 Judge: Posner Areas of Law: Immigration Law Chen faced deportation to Fujian Province and claimed to face a significant risk of persecution there because, since coming to the U.S. in 2002, she has given birth to two children in violation of China’s one‐child policy. The Board of Immigration Appeals denied her petition for asylum. The Seventh Circuit upheld the denial, noting that the Chinese government recently announced that it will permit an urban husband and wife, at least one of whom was an only child, to have two children. Chen’s husband is not an only child; Chen testified that her mother‐in‐law was punished for violating the policy. There is no information on whether Chen is an only child or whether the new policy will be applied retroactively. Fujian Province seems to enforce the one‐child policy more strictly. Nonetheless, the BIA noted that forced sterilization has become very rare and noted that Chen could avoid penalty by not registering the children with the government as permanent residents of China. The children would not be entitled to free public education, subsidized health care, and other benefits, but Chen’s failure to present eviden