Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Lam began working at Springs as its senior manager of global trade in 2019. She learned that three of Springs’s manufacturing facilities in Mexico were inaccurately tracking import and export inventories because computer systems were not properly integrated. While attempting to resolve the issue, Lam came to believe that a product Springs imported (cellular fabric blankets) originated in China and not, as the supplier insisted, in Taiwan and Malaysia. Fabrics originating in China were subject to a 25 percent tariff. She claims that she repeatedly stated that the company would need to pay higher tariffs, was “angrily berated,” and was told to continue classifying the fabrics as Taiwanese and Malaysian. She was placed on a performance improvement plan that cited her failure to adequately address the inventory problem, her failure to supplement tariff concerns with a “risk assessment,” a “solution,” or a “process change,” her reliance on outside consultants; and her inability to communicate concisely.Law was ultimately fired and sued, alleging that Springs retaliated against her, in violation of the False Claims Act, over her opinion that the company owed the 25 percent tariff, 31 U.S.C. 3730(h). The Seventh Circuit affirmed summary judgment in favor of Springs. Springs’s conduct falls short of “harassment” under section 3730(h)(1); Lam has not established a connection between the tariff violations she reported and the decision to fire her. View "Lam-Quang-Vinh v. Springs Window Fashions, LLC" on Justia Law

N.J., in seventh grade, went to school wearing a T-shirt displaying a Smith & Wesson logo, with an image of a revolver. A.L., a high school student, went to school wearing a T-shirt bearing the logo of a gun-rights group, incorporating an image of a handgun. Administrators at both schools barred the boys from wearing the shirts. Neither school’s dress code expressly bans clothing with images of firearms; the dress codes prohibit “inappropriate” attire, which the administrators interpreted to bar any clothing with an image of a firearm. The students brought separate lawsuits alleging violations of their free-speech rights under 42 U.S.C. 1983.The district court consolidated the cases and granted the school administrators summary judgment, declining to apply the Supreme Court’s “Tinker” precedent, which established the legal standard for student-speech cases. The court applied the standard for speech restrictions in a nonpublic forum—the most lenient test— and upheld the administrators’ actions as viewpoint neutral and reasonable.The Seventh Circuit remanded. This is not a speech-forum case. Tinker provides the legal standard: restrictions on student speech are constitutionally permissible if school officials reasonably forecast that the speech “would materially and substantially disrupt the work and discipline of the school” or invade the rights of others. Although this test is deferential to school officials and is “applied in light of the special characteristics of the school environment,” it is stricter than the test for speech restrictions in a nonpublic forum. View "N.J. v. Sonnabend" on Justia Law

While residing in a nursing home, Hill died of COVID-19. Her estate sued in state court under the Illinois Nursing Home Care Act, The defendant removed the suit to federal court, asserting that Martin’s suit necessarily rests on federal law, 28 U.S.C.1441(a), and that it was “acting under” a federal officer under 28 U.S.C.1442(a)(1).The district judge remanded to state court. The Seventh Circuit affirmed,. The nursing home is subject to extensive federal regulation (especially for Medicare or Medicaid reimbursement), and CDC orders during the pandemic have increased that regulatory burden but regulation does not turn a private entity into a public actor. The Public Readiness and Emergency Preparedness Act, 42 U.S.C. 247d, forbids liability under state law for injuries caused by use of a “covered countermeasure”, and creates a federal claim for injuries caused by “willful misconduct” in connection with covered countermeasures (payable from a federal fund), but does not preempt any other kind of claim nor occupy the field of health safety. The estate’s claims are not even arguably preempted. The principal disputes in this suit are likely to be whether the nursing home allowed members of the staff to work while ill or failed to isolate residents who contracted COVID-19, which are unrelated to federal law. View "Martin v. Petersen Health Operations, LLC" on Justia Law

In 2021, the Seventh Circuit left the door open for prisoners seeking compassionate release under 18 U.S.C. 3582(c)(1)(A) based on the COVID-19 pandemic to show they cannot receive or benefit from vaccines. Newton’s case was remanded before those cases were decided. On remand, the district court found that Newton did not present an extraordinary and compelling reason for early release. Newton, under 70 and serving a sentence for bank robbery, had argued that hypertension, asthma, and its immunosuppressing corticosteroid treatment put him at risk for serious illness if he contracted COVID-19.The Seventh Circuit affirmed the denial of relief. Although the vaccine and the Seventh Circuit’s exceptions did not exist in 2020 when Newton filed his motion for compassionate release, and the district court invited no briefing on remand in 2021, Newton has not identified any change in the facts that would have changed the outcome. He points only to the original record but the district court already knew Newton was immunosuppressed. Newton did not show that he is in the small minority of federal prisoners within the exception. Newton was free to file a motion to argue under new facts and new law. View "United States v. Newton" on Justia Law

Donaldson sought treatment for stress urinary incontinence and anterior pelvic organ prolapse. In 2010, to remedy these conditions, Dr. Schultheis surgically implanted in Donaldson two transvaginal polypropylene mesh medical devices. Both were manufactured by a subsidiary of Johnson & Johnson. In 2014, Donaldson sought treatment for injuries resulting from erosion of the mesh into her bladder, vagina, and adjacent tissues, causing scarring, bladder stones, and abdominal pain, among other problems. Information sheets packaged with the devices warned of the risks of erosion but Donaldson never saw the warnings and contends that Dr. Schultheis did not inform her of these risks. Dr. Schultheis testified that he was aware of the possible complications and that he believed that the benefits of the devices outweighed the risks. He also testified that, in implanting the devices, he followed all of the manufacturer’s instructions.The Seventh Circuit affirmed summary judgment in favor of the manufacturers. Although there is no doubt that Donaldson suffered severe and painful complications after the devices were implanted, she failed to produce sufficient evidence to avoid summary judgment in her case for non-specific defects under Illinois product liability law. There was no evidence eliminating abnormal use or secondary causes, or that the device failed to perform as expected. View "Donaldson v. Johnson & Johnson" on Justia Law

Cabrera-Ruiz, a Mexican national, has a long history of entries into the U.S., deportations after convictions for crimes of varying severity, and subsequent reentries. In 2018, Drug Enforcement Administration agents arrested Cabrera-Ruiz for a suspected drug trafficking offense. Cabrera-Ruiz pleaded guilty to illegal reentry instead and received a time-served sentence. Facing deportation. Cabrera-Ruiz applied for deferral of removal pursuant to the Convention Against Torture.The immigration judge denied Cabrera-Ruiz relief, relying heavily on an adverse credibility determination. The BIA dismissed Cabrera-Ruiz’s appeal. The Seventh Circuit denied his petition for review. Substantial evidence supports the IJ’s and the BIA’s decisions. The court noted that Cabrera-Ruiz made four inconsistent statements regarding the drugs, his experiences with Mexican cartels, and his fear of return and once told an Asylum Officer that he did not fear persecution or torture. Arrested for drugs but sentenced only for an immigration offense, Cabrera-Ruiz claims to fear being perceived as a “snitch” and that he has gang tattoos that would draw unwanted cartel and police attention throughout Mexico but Cabrera-Ruiz had previously lived in Mexico with those tattoos. In addition, Cabrera-Ruiz completed an ICE interview without mentioning 27 days of torture that he subsequently claimed. View "Cabrera-Ruiz v. Garland" on Justia Law

Dr. Lewis, a 60-year-old African American woman, alleges that Indiana Wesleyan University discriminated against her when it took away her supervisory responsibilities and ultimately eliminated her position. She brought various claims against the University under 42 U.S.C. 1981, Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act. The district court granted the university summary judgment on her retaliation claims and concluded that she had waived her age discrimination claim but did not address Dr. Lewis’s race discrimination claim.The Seventh Circuit affirmed in part, finding that Lewis waived her age discrimination claim, but remanded the race discrimination claim, as requiring factual development. Even when viewed in the light most favorable to Dr. Lewis, the facts do not support a causal connection between her protected activity of complaining about discrimination and an adverse employment action of retaliation. View "Lewis v. Indiana Wesleyan University" on Justia Law

Westray pleaded guilty to a 1998 murder. He received a death sentence which was later commuted to life imprisonment. In a habeas petition under 28 U.S.C. 2254, he subsequently challenged his confinement, including its duration, claiming ineffective assistance of counsel during sentencing and on remand when he moved to withdraw his guilty plea.The Seventh Circuit affirmed the denial of his claims. The ineffective assistance of trial counsel claim was presented to the Illinois trial court in Westray’s motion to withdraw his guilty plea, which was denied without comment. It is therefore presumed that the claim was adjudicated on its merits and AEDPA deference applies. Westray has not shown that but for his trial counsel’s allegedly deficient performance on remand, he would have been sentenced to a term of years. Westray cannot prove prejudice and his claim for ineffective assistance of trial counsel fails. No evidentiary hearing was required. View "Westray v. Brookhart" on Justia Law

Federal officials investigating Jaquez for distributing illegal drugs obtained an order authorized a wiretap on Jaquez’s cell phone and two orders authorizing a pen register that revealed the numbers that Jaquez called or that called him. Federal officials disclosed some of this information to state officials, who used it to prosecute Jaque. He is serving a 36-year sentence. He has not been prosecuted in federal court. Seeking evidence for a collateral attack on his convictions, Jaquez filed a federal court motion, seeking copies of the applications, affidavits, and orders authorizing the pen register and the wiretap. Magistrate Judge Gotsch ordered some of the pen-register papers unsealed. Jaquez did not ask a district judge to review that decision but filed a notice of appeal within 60 days.The Seventh Circuit dismissed the appeal for lack of jurisdiction. While 28 U.S.C. 636(b)(3) permits the assignment of duties to magistrate judges, the Northern District of Indiana has not authorized such delegation for wiretap-related matters and neither Jaquez nor the United States consented to the entry of final decision by a magistrate judge. The order was not entered by a district judge, and neither the district court nor the parties used the direct-appeal procedure allowed by 636(c). View "Jaquez v. United States" on Justia Law

CCC and Tractable use algorithms and data generated by repair centers to provide estimates of the cost to repair damaged vehicles. Tractable dispatched its employee to obtain a license for CCC’s software. Using a false name, the employee purported to represent “JA,” a small, independent appraiser. CCC issued a license. The contract forbids assignment of the license without consent and represents that JA is acting on its own behalf, not as an agent for any third party, and forbids disassembly of the software or its incorporation into any other product. Tractable disassembled the software and incorporated some features into its own product. In CCC’s subsequent suit, Tractable moved for arbitration under the agreement between CCC and JA., arguing that “JA” is a name that Tractable uses for itself. The Seventh Circuit affirmed the denial of the motion. Tractable is not a party to the agreement. CCC could not have discovered that Tractable uses the name “JA.” Contractual meaning reflects words and signs exchanged between the negotiators, not unilateral, confidential beliefs. If a misrepresentation as to the character or essential terms of a proposed contract induces conduct that appears to be a manifestation of assent by one who neither knows nor has reasonable opportunity to know of the character or essential terms of the proposed contract, his conduct is not effective as a manifestation of assent.. The identity of CCC’s trading partner was a vital element of the deal. View "CCC Intelligent Solutions Inc. v. Tractable Inc." on Justia Law