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

After the defendants filed an answer, Carter moved to voluntarily dismiss the complaint that she had filed against Morelli, Henderson, and the City of Alton. Her motion did not explicitly say that she sought a dismissal without prejudice, but stated that “neither party will be prejudiced by the granting of this Motion.” The defendants argued that the court should grant Carter’s motion with prejudice. Carter amended her motion to specify that she sought a dismissal without prejudice. The district court dismissed Carter’s complaint with prejudice and denied Carter’s motion for reconsideration. The Seventh Circuit vacated. Under FED.R. CIV. P. 41(a)(2), the court had the discretion to dismiss the case either with or without prejudice but before entering the dismissal order, it should have given Carter an opportunity to withdraw her voluntary dismissal motion. Carter requested just such an opportunity, and the court erroneously refused to give it to her. View "Carter v. Alton" on Justia Law

The Indian Gaming Regulatory Act, 25 U.S.C. 2701–21, allows some gambling on land held in trust for tribes, in every state, without prior approval. Class III gambling, which includes slot machines and table games such as blackjack, may be offered only in certain states if the tribe and state enter into a contract. Since 199,2 Stockbridge-Munsee Community, a federally-recognized tribe, has conducted gaming in Shawano County, Wisconsin. In 2008 Ho-Chunk, another federally-recognized tribe, opened a casino in Shawano County. Both feature class III gaming, authorized by contracts. In 2016 Ho-Chunk announced plans to add more slot machines and gaming tables, plus a restaurant, a bar, and a hotel. The Community sought an injunction, arguing that the Ho-Chunk land was not held in trust for the tribe on October 17, 1988. The parcel was conveyed to the tribe in 1969, but with a condition that was not lifted until 1989; in 1986, the Department of the Interior declared the parcel to be Ho-Chunk’s trust land. The Community argued that Ho-Chunk’s state contract treats its casino as an “ancillary” gaming facility and that the state has not enforced that limitation. The court dismissed the suit as untimely, reasoning that the Community knew or could have learned of both issues by 2008. The Act does not contain a statute of limitations, so the court looked to the Wisconsin limitations period for breach of contract or the Administrative Procedure Act's limitations period—each set a six-year limit. The Seventh Circuit affirmed, applying Wisconsin law. View "Stockbridge-Munsee Community v. Wisconsin" on Justia Law

Llenos hung a noose from a basement ceiling beam, stood on a stool with the noose around his neck, and stepped off. Llenos died as a result. When Tran came home, she found her husband’s body. Though his death was initially reported as suicide, the medical examiner concluded from sexual paraphernalia on Llenos’s body that he died performing autoerotic asphyxiation, a sexual practice by which a person purposefully restricts blood flow to the brain to induce a feeling of euphoria. Llenos was covered by basic and supplemental life insurance policies, providing $517,000 in coverage, and including Accidental Death & Dismemberment (AD&D) policy riders providing an additional $60,000 in coverage. Minnesota Life paid $517,000 but denied Tran’s claim for the additional $60,000 in AD&D coverage, concluding that Llenos’s death was not “accidental” and fell under an exclusion for intentionally self-inflicted injury. Tran filed suit under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1132(a)(1)(B). The district court awarded Tran judgment, reasoning that the insurer had conceded the death was accidental. The Seventh Circuit reversed, finding that autoerotic asphyxiation was the ultimate and the proximate cause of Llenos’s death. Strangling oneself to cut off oxygen to one’s brain is an injury. When that injury kills, it is “an intentionally self-inflicted injury which resulted in death,” regardless of whether it was done recreationally or with an intent to survive. View "Tran v. Minnesota Life Insurance Co." on Justia Law

Abdollahzadeh opened an MBNA credit-card account in 1998. He defaulted on the debt, making his last payment in August 2010. In June 2011 he attempted another payment that never cleared. In April 2013 MBNA sold his account to CACH, which referred Abdollahzadeh’s debt to Mandarich, a debt-collection law firm. CACH identified the later, unsuccessful payment attempt as the last payment on the account. Relying on this date, Mandarich sent Abdollahzadeh a collection letter in December 2015. Mandarich sued when it received no response. The state court dismissed the suit because the last payment to clear occurred outside of Illinois’s five-year statute of limitations. Abdollahzadeh sued Mandarich for attempting to collect a time-barred debt (Fair Debt Collection Practices Act, 15 U.S.C. 1692). The court granted Mandarich summary judgment, concluding that the violations were unintentional and occurred despite reasonable procedures aimed at avoiding untimely collection attempts. The Seventh Circuit affirmed, rejecting Abdollahzadeh’s arguments that Mandarich’s continuation of the collection action after it learned the true last-payment date created a factual dispute on the issue of intent; that the firm’s reliance on CACH’s representations about the last-payment date was an abdication of its duty to engage in meaningful review; and that the firm’s procedures for weeding out time-barred debts were insufficient to support the affirmative defense. The bona fide error defense doesn’t require independent verification and procedural perfection. Mandarich had procedures in place that were reasonably adapted to avoid late collection efforts. View "Abdollahzadeh v. Mandarich Law Group, LLP" on Justia Law

Carrillo was involved in an extramarital relationship with Noeller. Carrillo’s family reported that Noeller called Carrillo, accused her of seeing someone else, and threatened her life; Noeller later came to her mother’s Mexico City house, where he shot and killed her. Noeller maintains that he ended their relationship after finding out about her family’s affiliation with the Los Pepes gang and Zetas drug cartel. He says that after the murder, he received warnings that Carrillo’s mother had hired hitmen to kill him. Noeller fled for the U.S. with his wife and children, who are U.S. citizens. Noeller's family members provided affidavits describing incidents after he left, in which gang members came to their homes looking for Noeller, threatened them, and beat them. During removal proceedings, 8 U.S.C. 1182(a)(6)(A)(i), Noeller sought asylum, withholding of removal, and protection under the Convention Against Torture. Immigration judges twice denied his applications. Noeller’s BIA appeal was pending when Mexico submitted its extradition request. Noeller challenged the warrant issued in Mexico by an “Amparo proceeding,” which is “similar to habeas corpus ... to review and annul unconstitutional judicial decisions.” Noeller claims that the court in Mexico suspended the warrant. Mexico’s government contends that the original arrest warrant remains enforceable. The district court granted extradition. Noeller sought habeas corpus relief. The Seventh Circuit affirmed the denial of relief. Mexico submitted a valid request for extradition, which U.S. courts must honor. Noeller’s challenges to that request are “beyond the narrow role for courts in the extradition process.” View "Noeller v. Wojdylo" on Justia Law

GEFT began building a digital billboard on its Westfield, Indiana property without the requisite city sign permit. The ordinance prohibits “off-premise signs” directing attention to a specific business, product, service, entertainment, or any other activity offered, sold, or conducted elsewhere and prohibits “pole signs” that are not attached to or supported by any building. GEFT did obtain a state permit but believed Westfield’s sign standards ordinance contained unconstitutional content‐based speech restrictions. GEFT stopped installing the billboard when a contract attorney working for Westfield threatened to arrest GEFT’s representatives. The district court denied GEFT’s motion for an injunction and granted Westfield’s motion. The Seventh Circuit affirmed. GEFT had challenged the constitutionality of the ordinance under the First Amendment, but its preliminary injunction motion focused solely on its due process claim. There is no constitutional procedural due process right to state‐mandated procedures; the fact that the Stop Work Notices did not comply with ordinance procedures cannot support a procedural due process claim. Neither local nor state law authorizes the arrest of anyone violating a municipal ordinance; even if the attorney is considered an employee of Westfield, GEFT has no evidence Westfield authorized those threats or could have predicted he would make them. Although the threats of arrest were inappropriate, they “are a far cry from the type of conduct recognized as conscience‐shocking” for purposes of a substantive due process claim. View "GEFT Outdoors, LLC v. Westfield" on Justia Law

A jury convicted Moreno of conspiring with others with the intent to distribute narcotics, 21 U.S.C. 846, and two counts of knowingly using a telephone in furtherance of the conspiracy, 21 U.S.C. 843(b). The Seventh Circuit affirmed, rejecting Moreno’s argument there was insufficient evidence to support a finding that she conspired with the Guzman Drug Trafficking Organization but rather, the evidence merely showed a buyer-seller relationship. While large-quantity, repeat sales alone do not support an inference of conspiracy, nor do “‘occasional’ sales on credit,” Moreno and the Guzman DTO had a year-long relationship during which Moreno regularly purchased wholesale quantities of heroin. Moreno sought to protect the Guzman DTO by warning it about potential law enforcement intervention and there is evidence the Guzman DTO and Moreno shared “tools,” two vehicles with trap compartments used to transport drugs and money. The government did not need to prove Moreno was a member of the Guzman DTO to prove she knowingly agreed to participate in the conspiracy. View "United States v. Moreno" on Justia Law

Indiana requires all inmates convicted of a sex offense to complete the Sex Offender Management and Monitoring (INSOMM) program. INSOMM requires inmates to identify which illegal sexual acts they committed and how often. Based on their offense history, participants are sorted into risk groups for group therapy sessions. Higher‐risk groups must complete more hours of therapy. In therapy, participants must fill out workbooks that require them to describe all past acts of sexual violence and abuse, regardless of whether they were ever charged for those offenses. Participants enjoy neither immunity nor confidentiality for the disclosures. Inmates may not opt out of any part of INSOMM and must respond fully to all questions. A counselor who suspects that a participant has been deceptive or less than forthcoming may order polygraph testing. Failure to participate satisfactorily in INSOMM is a Major Conduct disciplinary violation. For a first offense, inmates are denied the opportunity to accrue good‐time credits to which they would otherwise be entitled by statute. Continuing violations are punishable by revocation of already‐acquired good‐time credits. Lacy filed a class action under 28 U.S.C. 2254. The Seventh Circuit affirmed that the disclosures required by INSOMM and the penalties imposed for non‐participation, taken together, amount to a violation of his Fifth Amendment right to be free from compelled self‐incrimination. View "Lacy v. Butts" on Justia Law

SC, an outpatient surgical center, permits outside physicians to perform day surgery at its facility. Its insurance limited APA’s liability to $1 million per claim. In 2002, Dr. Hasson, an outside physician, performed outpatient laparoscopic surgery on Tate at SC. Hasson did not see Tate or sign her discharge instructions before SC released her; SC’s anesthesiologist discharged Tate, giving Tate's boyfriend discharge instructions. Days later, Tate checked into the hospital with a perforated bowel that rendered the previously-healthy 34‐year‐old a quadriplegic. Tate sued Hasson and SC. APA hired attorneys to defend SC. APA set the “Reserve” (money the Michigan Department of Insurance required APA to put aside to cover an adverse verdict) at $560,000. APA believed the damages could exceed the policy limit but that SC was not likely to be found liable. In 2007, APA rejected Tate's offer to settle for policy limits. Hasson’s insurer settled for his policy limit ($1 million). After the Illinois Appellate Court remanded the issue of whether SC’s nursing staff breached the standard of care, APA raised the Reserve to $1 million, stating that it still believed the case was defensible. Before the second trial, APA rejected Tate's second settlement demand for the policy limit. The jury returned a $5.17 million verdict. SC then sued APA for bad faith. The Seventh Circuit affirmed judgment as a matter of law in favor of APA. SC did not establish that anyone involved in litigating the case believed there was more than a mere possibility SC would be found liable; the mere possibility of liability is insufficient under the Illinois Supreme Court’s reasonable probability standard. View "Surgery Center at 900 North Michigan Avenue, LLC v. American Physicians Assurance Corp., Inc." on Justia Law

After a 2015 examination, the FDIC assigned Builders Bank a CAMELS (capital adequacy, asset quality, management, earnings, liquidity, and sensitivity to market risk) rating of 4, which exposed the bank to extra oversight. After the Seventh Circuit concluded that some components of a CAMELS rating are open to judicial review, Builders merged into a non-bank enterprise and left the banking business. The district court dismissed the remanded suit as moot. The Seventh Circuit affirmed, rejecting a claim for damages based on paying too much for deposit insurance. The Administrative Procedures Act, 5 U.S.C. 702, waives the government’s sovereign immunity but establishes a right of review only when “there is no other adequate remedy in a court.” There is a potential remedy under 12 U.S.C. 1817(e)(1), which says: In the case of any payment of an assessment by an insured depository institution in excess of the amount due, the Corporation may refund the amount of the excess payment to the insured institution or credit such excess amount toward the payment of subsequent assessments. The Tucker Act, 28 U.S.C. 1491, waives immunity for such a suit but limits venue to the Claims Court. Builders did not cite the FDIC’s sue-and-be-sued clause, 12 U.S.C. 1819(a), as an alternative waiver. Apart from those that affect subject-matter jurisdiction, legal contentions must be presented in the district court. This suit was litigated on remand under the APA, so it fails. View "Builders Bank, LLC v. Federal Deposit Insurance Corp." on Justia Law