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

Plaintiffs, who grew up in Milwaukee homes that had lead-based wall paint, were diagnosed with lead poisoning as children in the 1990s or early 2000s. Years later, they sued manufacturers of white lead carbonate; they identified the paint pigment in their childhood homes as white lead carbonate, but could not identify the specific company responsible for manufacturing the white lead carbonate that they ingested. They relied on “Thomas,” in which the Wisconsin Supreme Court adopted a “risk-contribution” theory of liability for plaintiffs suing manufacturers of white lead carbonate. That theory modifies the ordinary rule in tort law that a plaintiff must prove that a specific defendant’s conduct caused his injury and instead apportions liability among the “pool of defendants” who could have caused the injury. A jury found three manufacturers liable and awarded the plaintiffs $2 million each.The Seventh Circuit reversed, holding that the district court committed three significant errors about the scope of Wisconsin products liability law, impermissibly expanding the defendants’ potential liability and a separate error in the admission of expert testimony. The court improperly extended Thomas, allowing jurors to find the defendants liable in their capacity as paint manufacturers, rather than white lead carbonate manufacturers, erroneously allowed jurors to find Sherwin-Williams liable on negligence claims without proof of a product defect, and erroneously allowed jurors to find two defendants liable on strict liability claims in the absence of a duty to warn or any proof that the lack of a warning caused the plaintiffs’ injuries. View "Burton v. E.I. DuPont de Nemours and Co., Inc." on Justia Law

The Seventh Circuit affirmed the ALJ's determination that plaintiff has the capacity to perform light work and is therefore not entitled to disability benefits. Plaintiff claimed that the ALJ committed reversible error when determining her residual functional capacity (RFC) by selectively reviewing evidence of cervical and lumbar degenerative disc disease (back problems); incorrectly discounting plaintiff's credibility regarding her description of the intensity, persistence, and limiting effects of her symptoms; and not including any manipulative limitations in the RFC assessment.The court found plaintiff's arguments unpersuasive and concluded that substantial evidence supports the ALJ's denial of benefits where the ALJ did not ignore a line of evidence contradicting her decision; the ALJ's assessment of plaintiff's symptoms was not patently wrong; and the ALJ did not fail to note any supported manipulative limitations. View "Deborah M. v. Saul" on Justia Law

Defendant appealed the district court's denial of his motion to suppress incriminating statements which led to federal charges for distributing heroin. In this case, after defendant overdosed on heroin and fell unconscious, officers brought him to a local hospital where, after receiving care, he agreed to talk to the police, received Miranda warnings, and made several incriminating statements.The Seventh Circuit remanded for the district court to make a determination on the validation of defendant's waiver of his Miranda rights in the first instance. The court explained that whether a defendant knowingly and intelligently waived his rights at the outset of a police interview is a distinct and separate inquiry from whether, in the circumstances of the interview as a whole, the defendant's statements were voluntary. Given defendant was unconscious and entirely incapacitated from an overdose just two hours before police questioned him, a finding as to whether defendant knowingly and intelligently waived his Miranda rights matters. View "United States v. Outland" on Justia Law

In a 1999 incident, Hale told Lewis to kill Rogers. Lewis handed his revolver to Mays, who shot Rogers multiple times, fatally. Lewis, Hale, and Mays collected drugs and money and fled. Lewis, represented by Attorney Raff, refused to consider plea offers. Lewis was convicted. At sentencing. the court found no mitigating circumstances—none being asserted by the defense—and sentenced Lewis to the maximum aggregate sentence of 130 years' imprisonment. Lewis’s appeal was unsuccessful.In post‐conviction proceedings, the state conceded that Raff “basically did not do any advocacy" at sentencing but argued that he could not have made a difference. Other witnesses at the post‐conviction hearing spoke about a diagnosis of bipolar disorder, associated substance abuse, physical abuse by Lewis's mother’s boyfriends, mental disorders in other family members, and attempted suicide. The state appellate court concluded that Lewis was not prejudiced by the deficient performance of counsel.The Seventh Circuit reversed the denial of habeas relief. The decision of the last responsible state court was contrary to Supreme Court precedent, in holding that “Strickland,” not “Cronic,” furnished the applicable rule, While the Indiana Court of Appeals was not unreasonable in finding that Lewis had not been prejudiced by his attorney’s substandard performance, prejudice need not be shown. Raff gave up on Lewis and left him entirely without the assistance of counsel at the sentencing stage of a felony murder case. View "Lewis v. Zatecky" on Justia Law

The Regional Director of the NLRB sought a temporary injunction under 29 U.S.C. 160(j), pending the Board’s resolution of unfair labor practices charges against Sunbelt. The ALJ in the Board proceeding subsequently issued its recommendation, concluding that Sunbelt had violated sections 8(a)(1), (3), and (5) of the Act. Before the district court, the Director submitted that Sunbelt had violated, and continued to violate those sections by interfering with, restraining, and coercing employees in the exercise of their rights under the Act; discriminatorily eliminating the bargaining unit and failing and refusing to bargain collectively and in good faith. The district court granted an injunction, ordering Sunbelt to cease certain unfair labor practices.While Sunbelt’s appeal was pending, the Board issued its decision and order. The Director then moved to dismiss this appeal of the injunction as moot. Sunbelt submitted that the appeal was not moot because the Board had severed and retained one issue for further consideration. The Seventh Circuit dismissed the appeal and directed the district court to vacate its judgment. The Board’s resolution of the unfair labor practices charges moots the appeal, regardless of the fact that the Board severed one issue and retained it for further consideration. The severed issue was not one presented to the district court in the Director’s petition for an injunction. The temporary relief authorized by the statute is no longer available. View "Hadsall v. Sunbelt Rentals, Inc." on Justia Law

At 3:55 a.m. people were loitering outside a lounge when Lopez sideswiped an SUV parked in front of the lounge. Bystanders swarmed Lopez’s car, punching him through an open window. A passenger exited Lopez’s car and fired a warning shot. Lopez exited the car, grabbed the gun, and walked toward the bystanders. Raines, a Cook County correctional officer, out celebrating, arrived at 3:56:11. Lopez walked back toward his car, stopping to fire two shots at an upward angle. Raines approached Lopez with his own gun drawn. Lopez reached to open his car door. Raines started shooting at 3:56:27. Lopez, injured, dropped his gun and staggered away. Raines continued to fire. Raines pursued Lopez, who was leaning against a wall. Lopez’s passenger, Orta, picked up the dropped gun and fired at Raines at 3:56:32 a.m. For about three minutes, Orta and Raines engaged in a standoff. Raines simultaneously restrained Lopez, wounded but conscious, and used him as a human shield. At 4:00:10 a.m., Orta fled. Police and paramedics arrived. Lopez faced criminal charges.The Seventh Circuit affirmed summary judgment for the defendants in his 42 U.S.C. 1983 suit. Raines was entitled to qualified immunity because his use of deadly force did not violate clearly established law although the video footage of the events conveys the impression that Raines might have been able to avoid any use of lethal force. View "Lopez v. Sheriff of Cook County" on Justia Law

MacIver, a “think tank that promotes free markets, individual freedom, personal responsibility, and limited government,” sponsors a “separately branded” MacIver News Service. Some of Wisconsin Governor Evers's press events are open to the public, and others are limited to subsets of the media of varying size. The Governor’s Office maintains a media advisory list to notify members of the media of events. The original list was based on newspaper circulation, radio listenership, and TV viewership.MacIver reporters learned of an invitation-only press and, although not invited, sent an RSVP. They were not admitted. Hundreds of other media personnel were also not invited to the small event. MacIver requested the criteria used to determine which journalists would be allowed access. The Governor’s Office distributed guidance for determining how media would be granted access to limited-access events, noting that the “most important consideration is that access is based on neutral criteria.” The factors were adapted from standards used by the Wisconsin Capital Correspondents Board and the U.S. Congress. According to the Governor, MacIver is not included on the list because MacIver Institute “is not principally a news organization” and “their practices run afoul of the neutral factors.”MacIver sued, citing the First and Fourteenth Amendments. The Seventh Circuit affirmed summary judgment in favor of Governor Evers. The press conferences were non-public fora and the criteria that the Governor used to accept or exclude media were reasonable. There is no evidence of viewpoint discrimination under any First Amendment test. View "John K. MacIver Institute for Public Policy, Inc. v. Evers" on Justia Law

Gamble, an African-American, began working for FCA in 2015 and received a copy of FCA’s policy concerning sexual harassment, which could result in termination. Months later, two female employees complained that Gamble had sexually harassed them. After interviewing witnesses, Pollard, a human resources manager, concluded that Gamble had violated FCA’s policy and issued a warning. He acknowledged the warning and attended remedial training but disputed the harassing nature of his comments. In 2017, Gamble’s supervisor reported that he had witnessed Gamble acting inappropriately toward a female. Pollard initiated another investigation. Another woman complained that Gamble had also acted inappropriately toward her. Gamble was terminated.He filed suit, alleging discriminations based on his race, age (63), and disability (having battled cancer), and citing Title VII, 42 U.S.C. 2000e; 42 U.S.C. 1981; the Americans with Disabilities Act (ADA), 42 U.S.C, 12112; and the Age Discrimination in Employment Act (ADEA), 29 U.S.C.A. 621–34.1 The district court granted FCO summary judgment. Gamble had abandoned his ADEA and ADA claims; his section 1981 claim for race discrimination was time-barred by a provision in his employment contract. The Seventh Circuit affirmed. No reasonable jury could infer that Gamble was treated less favorably than a similarly situated employee outside of his protected class. There was no evidence FCA gave a pretextual reason for firing him. View "Gamble v. Fiat Chrysler Automobiles US LLC" on Justia Law

Pavlicek, age 49. applied for Disability and Supplemental Security Income benefits. He suffers from anxiety, depression, severe tremors, and pseudoseizures that resemble epileptic seizures but stem from psychological causes. A truck driver, he has a high-school education. Two non-examining agency consultants determined that he could function with some limitations. Pavlicek testified that he had constant tremors and had seven pseudoseizures in the past 16 months when he lost consciousness; in seven other episodes, he remained conscious. A vocational expert testified about employers’ tolerance for absenteeism and about a hypothetical employee with various restrictions. The treating psychiatrist reported that Pavlicek could not work.The ALJ determined that Pavlicek retained the residual functional capacity to perform medium work with exceptions and could perform work that existed in significant numbers in the national economy. The ALJ largely dismissed the report by the treating psychiatrist, who had not justified how his findings could apply “as far back as 2013,” having not treated Pavlicek until 2015 and who relied heavily on Pavlicek’s subjective reporting. The ALJ noted the “infrequent” nature of the treatment relationship and that the report’s assessment of severe functional limitations was unsupported by the clinical records. The Seventh Circuit affirmed. The decision was supported by substantial evidence. The court rejected claims that the ALJ gave inadequate reasons for rejecting the treating psychiatrist's opinion, afforded too much weight to the opinions of non-examining agency physicians, and posed hypothetical questions to the vocational expert that failed to account for his limitations. View "Pavlicek v. Saul" on Justia Law

Jones and Wansley worked at Illinois Post Office branches. Working with Smith and other co-conspirators, they arranged and executed a scheme to ship packages containing marijuana and marijuana derivatives through the mail. Jones and Wansley intercepted the packages and handed them off to others for cash bribes.They were charged with bribery, 18 U.S.C. 201(b)(2)(C), conspiracy to commit obstruction of correspondence and theft of mail, 18 U.S.C. 371, and obstruction of correspondence, 18 U.S.C. 1702. The government presented evidence of trash pulls at Smith’s home, surveillance of Jones improperly scanning packages, text messages concerning addresses and payments, observation of hand-offs, and “controlled” deliveries of packages that the government had intercepted and repackaged. Jones and Wansley made statements to postal inspectors following their arrests, admitting to the crimes and describing some of the transactions. At trial, Jones testified that Smith was simply a customer who was having trouble with deliveries, so Jones offered to help intercept Smith’s packages and that the payments from Smith were tips for good service. Wansley testified that she was just following orders from Jones, her supervisor. The Seventh Circuit affirmed their convictions and their sentences, Jones to eight months’ imprisonment and Wansley to 30 days’ imprisonment, rejecting challenges to the sufficiency of the evidence. View "United States v. Jones" on Justia Law