Daily Opinion Summaries U.S. 7th Circuit Court of Appeals Summaries for January 4, 2014

United States v. Flores Docket: 13-2276 Opinion Date: January 3, 2014 Judge: Easterbrook Areas of Law: Criminal Law, Immigration Law Flores, an alien who returned to the U.S. without permission following removal, was charged with illegal reentry and other crimes arising from his armed drug dealing. Flores, who maintained that U.S. law did not apply to him and that the court had no jurisdiction to try him, refused to consider a guilty plea. He was convicted on all counts and was sentenced to concurrent 96-month sentences on all counts but one. His conviction, for possessing firearms in furtherance of a drug trafficking felony, led to a consecutive term of 360 months’ imprisonment, which was compulsory because of Flores’s earlier conviction of the same crime, 18 U.S.C. 924(c)(1)(B)(ii). The Seventh Circuit affirmed, rejecting an argument that trial counsel furnished ineffective assistance by telling the jury that Flores indeed had distributed cocaine after reentering the U.S. without permission, while arguing that the prosecution did not establish guilt beyond a reasonable doubt on the weapons-related charges. http://j.st/th6 View Case On: Justia  Google Scholar

Gaines v. K-Five Constr. Corp. Docket: 12-2249 Opinion Date: January 3, 2014 Judge: Darrow Areas of Law: Civil Rights, Labor & Employment Law Gaines questioned the roadworthiness of two different trucks that his employer of five years (K-Five) assigned him. Management took steps to address his concerns, but the trucks never reached the level of safety sought by Gaines. On his last Friday with the company, he informally discussed an alleged steering problem with a K-Five mechanic. He later misreported what the mechanic said. Gaines claims that he honestly believed he was accurately relaying the information but that he botched the details. Citing the false report and instances of alleged insubordination, K-Five fired Gaines. Gaines claimed that he was fired due to his national origin or because he complained about safety issues and that he was owed unpaid overtime. The district court entered summary judgment in favor of K-Five. The Seventh Circuit reversed in part and remanded, finding that Gaines presented a triable issue of fact as to whether he was fired for complaining about safety issues. http://j.st/thB View Case On: Justia  Google Scholar

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US 7th Circuit Cout of Appeals

Blanchar v. Standard Ins. Co.

Docket: 12-2745	Opinion Date: November 27, 2013
Judge: Bauer
Areas of Law:

In 2005, Standard introduced a new financial product into the 403(b) and 457 markets. Blanchar was hired as Director of Institutional Sales/Product Manager for those products. His responsibilities included training staff, doing what was needed to make Standard’s products competitive, suggesting product enhancements, and promoting the sales of special markets retirement plans. In 2007, his title changed to Special Markets Director for Retirement Plans business unit. Blanchar identified his major duties as working with the sales team. His supervisor, Baumgarten, identified one of Blanchar’s key goals as representing Standard in the marketplace as the product manager and expert on Special Markets,” and noted that Blanchar was considered “the 403(b)/457 answer man.” Blanchar was not involved in direct sales, but conducted webinars and spoke at conferences, using materials that he had personally created. Although Blanchar had no final decision-making authority, Baumgarten typically sought advice from Blanchar. The district court rejected Blanchar’s action to recover overtime under the Fair Labor Standards Act, 29 U.S.C. 201, finding that Blanchar qualified as a bona fide administrative employee, and was exempt from the FLSA’s overtime requirement. The Seventh Circuit affirmed.

http://j.st/F5s
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