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

In March 2020, Bradley University closed its campus and canceled in-person activities because of the COVID-19 pandemic. It canceled one week of classes as it migrated to remote learning. Bradley resumed classes virtually and offered remote activities and resources. The campus remained closed for the rest of the semester. Bradley never rescheduled the week of canceled classes; the Spring 2020 Semester was 14 weeks instead of the planned 15 weeks of classes listed in Bradley’s Catalog, which stated: “This catalog serves as a contract between a student and Bradley.” Full-time, on-campus students had paid $17,100 in tuition and an $85 activity fee. The University provided pro-rata refunds for room and board to students who were forced to leave on-campus housing but did not refund tuition or activity fees.Eddlemon filed a purported class action, alleging that Bradley breached an implied contract to provide 15 weeks of classes and on-campus activities, and, alternatively that the University’s retention of tuition and activity fees constituted unjust enrichment. The district court certified a “Tuition Class” and an “Activity Fee Class.” The Seventh Circuit vacated. The district court did not conduct the rigorous analysis required by Rule 23 for class certification but repeatedly referred to Eddlemon’s allegations without addressing his proffered evidence or examining how he would prove his allegations with common evidence. View "Eddlemon v. Bradley Universityx" on Justia Law

Dr. Bounds was hired for one year beginning in July 2019 as an at-will employee. In February 2020, Dr. Scott stated that Scott would recommend that Bounds's contract be renewed. Scott notified Bounds and others on March 24 that she would email approved contracts and that they had until March 31 to sign and return the contracts. Upon receiving the contract, Bounds noted that her vacation days had been reduced. Scott told Bounds to contact the Board. Later that day, Bounds became ill and was advised to quarantine for 14 days. Bounds testified that she made inquiries to the Board but never received a reply. On April 1, Scott telephoned Bounds, who had not returned the signed contract. Bounds replied that she wanted her attorney to review the agreement. Scott warned that the Board previously had released another administrator who did not sign her contract by the deadline. The following day, Scott advised Bounds that the Board had requested that her position be posted as vacant. On April 14, Bounds was notified that her position had been posted.Bounds filed suit, 42 U.S.C. 1983, contending that the Board had deprived her of procedural due process by rescinding her contract and posting her position without notice or the opportunity to be heard. The Seventh Circuit affirmed summary judgment in favor of the defendants. Bounds did not have a property interest subject to due process protections. Bounds had no enforceable expectation as to her continued employment. View "Bounds v. Country Club Hills School District 160" on Justia Law

Brownsburg Community School Corporation requires its high school teachers to call all students by the names registered in the school’s official student database. Kluge, a teacher, objected on religious grounds to using the first names of transgender students to the extent that he deemed those names not consistent with their sex recorded at birth. After Brownsburg initially accommodated Kluge’s request to call all students by their last names only, the school withdrew the accommodation when it became apparent that the practice was harming students and negatively impacting the learning environment for transgender students, other students in Kluge’s classes and in the school generally, and the faculty.Kluge brought a Title VII religious discrimination and retaliation suit after he was terminated from his employment. The district court granted the school summary judgment, concluding that the school was unable to accommodate Kluge’s religious beliefs and practices without imposing an undue hardship on the school’s conduct of its business of educating all students and rejected Kluge’s retaliation claim.The Seventh Circuit affirmed. The undisputed evidence demonstrates that Kluge’s accommodation harmed students and disrupted the learning environment. No reasonable jury could conclude that harm to students and disruption to the learning environment are de minimis harms to a school’s conduct of its business. View "Kluge v. Brownsburg Community School Corp." on Justia Law

In 2012, Trahanas began working as a technologist in Dr. Schwulst’s laboratory at Northwestern's School of Medicine. Trahanas claims Schwulst made demeaning remarks about her work, mental health, and sexual orientation and that her lab coworkers harassed her. Trahanas did not report the incidents. Trahanas received positive performance reviews from Schwulst, who recommended Trahanas for raises and promotion.Trahanas had been diagnosed with ADHD, depression, and anxiety and decided to take time off. She did not provide advance notice. On February 16, 2015, Trahanas did not report to work. She later emailed Schwulst. Trahanas was granted 12 weeks of leave under the Family and Medical Leave Act (FMLA), When her leave expired, Northwestern informed Trahanas that failure to return to work or extend her leave would result in termination. She did not extend leave or return to work. Northwestern terminated her employment.Trahanas sued, asserting a hostile work environment under Title VII, 42 U.S.C. 2000e, retaliation under the Americans with Disabilities Act, 42 U.S.C. 12101, and under the FMLA, 29 U.S.C. 2601. The Seventh Circuit affirmed summary judgment in favor of the defendants. Trahanas’s voluntary decision not to return to work or extend leave does not amount to a tangible employment action. The court noted Northwestern’s anti-harassment policy and that Trahanas “unreasonably failed to take advantage of any preventive or corrective opportunities” to avoid harm. Trahanas cannot show that her leave played a motivating factor in Northwestern’s decision to terminate her employment. The court also rejected state law claims. View "Trahanas v. Northwestern University" on Justia Law

During the 2008 recession, Chicago faced a $150 million shortfall in revenue and sought an alternative to raising taxes. The city awarded a 75-year Concession over designated parking spaces to the private firm CPM, which agreed to give Chicago an upfront payment of more than a billion dollars. After CPM took over, the price of parking in areas covered by the Concession more than doubled. Litigation in both state and federal courts followed. A federal class action filed by “two car drivers who live in Chicago,” asserted that CPM has violated the federal antitrust laws, 15 U.S.C. 1, 2.The Seventh Circuit affirmed the dismissal of the antitrust theories as barred by the state-action immunity doctrine. The Concession represents a use of municipal authority to substitute, during the term of the lease, exclusive private operation for direct city operation of specified areas of Chicago’s on-street parking facilities. It swaps one “monopolist” (Chicago) for another (CPM). Chicago had the authority to enter into the Concession and has reserved meaningful powers to oversee and regulate CPM’s performance. The court also theorized that there might not be a monopoly; Chicago cars can be found in apartment building parking garages, private residential garages, private lots, public lots, unregulated streets, and metered parking. View "Uetricht v. Chicago Parking Meters, LLC" on Justia Law

In July 2013, Koger began serving a 300-day sentence in Cook County Jail. While incarcerated, he received 42 books by mail. Per Jail policy, contained in the Inmate Information Handbook, inmates can keep no more than three books or magazines (excluding religious texts) in their cell at any time. Koger received a copy of the Handbook. Inmates with excess books can mail them out of the Jail using supplies available at the Jail commissary, can have someone outside the Jail pick up personal property, and are free to donate their books to other inmates. The policy was not strictly enforced during Koger’s stay.In October 2013, Jail administrators warned Koger they would soon search cells and take excess books. On October 5, officers searched the cells and took all but three books from Koger’s cell. Koger did not file a grievance. The Jail acknowledges the search but disputes whether any books were taken and what became of them. The Jail has no policy for dealing with confiscated books. The Jail released Koger on October 24, 2013; he died in 2020.Koger’s suit under 42 U.S.C. 1983 has twice previously been before the Seventh Circuit, which affirmed the district court’s summary judgment rejection of Koger’s claim that the county deprived him of his books without due process. Koger received constitutionally sufficient due process surrounding any property deprivation, and presented insufficient evidence to hold the county liable under “Monell.” View "Orozco v. Dart" on Justia Law

Sullivan registered copyrights for two “illustration collections,” comprising 33 individual illustrations, and sued Flora for infringing those copyrights, 17 U.S.C. 504(c)(1). A jury found that Flora willfully infringed Sullivan’s copyrights and awarded statutory damages for each of the individual illustrations infringed ($3,600,000). The Seventh Circuit rejected the court's test for calculating statutory damages, which focused exclusively on how the illustrations were copyrighted. The court adopted the “independent economic value test”: “A protected work has standalone value if the evidence shows that work has distinct and discernable value to the copyright holder.” On remand, the district court denied Flora’s request to reopen discovery; held that Flora had waived arguments challenging the independent economic value of certain illustrations; granted Sullivan summary judgment; and entered the same verdict, finding that the 33 illustrations constitute separate works.The Seventh Circuit reversed, finding that, in entering summary judgment, the district court violated the remand mandate and improperly weighed the evidence. The case must proceed to trial on the question of damages. The scope of the remand was narrow and limited to determining whether Sullivan’s illustrations “constitute 33 individual works or instead are parts of two compilations (corresponding with the two advertising campaigns in which Flora used the illustrations).” At trial, Flora is not prohibited from “nitpicking” specific aspects of the 33 illustrations to show that they lack independent economic value. Flora is not permitted to relitigate the issues of infringement or joint authorship. View "Sullivan v. Flora, Inc." on Justia Law

Two California hardware stores (Craftwood) are part of the Do It Best (DIB) hardware industry cooperative and wholesaler. Generac supplies goods to DIB for purchase by hardware retailers in the cooperative. Generac had an agreement with CMI, an independent sales and marketing representative, for assistance with promotion and marketing. CMI sent out faxes to DIB-member hardware stores advertising deals on Generac products, including three sent to Craftwood.The Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, forbids using “any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement” except where the recipient gave “prior express invitation or permission.” Generac cited the agreement that Craftwood signed when it joined the DIB cooperative, which refers to the provision of advertising and includes Craftwood’s fax number. Craftwood also opted to purchase advertising materials to send to its customers.The district court granted Generac summary judgment, finding that the contract between Craftwood and DIB evinced an agreement by Craftwood to receive faxes, including from vendors. The Seventh Circuit reversed, finding a material dispute of fact as to consent. The court noted the need to enforce the Act as written, although fax machines are now rare, and the common view that these suits are fueled primarily by plaintiffs’ attorneys looking for large fee awards that often come at the expense of small businesses. View "Craftwood II, Inc. v. Generac Power Systems, Inc." on Justia Law

At the outset of the COVID-19 pandemic in March 2020, IIT, a nonprofit higher education institution, suspended all in-person instruction, moved all classes online, and restricted access to campus facilities. IIT did not refund tuition or mandatory fees to its students. Before the pandemic, IIT undergraduates were not permitted to register for an online class without special approval and were required to live on campus. Hernandez, a student who paid tuition and fees for the Spring 2020 semester, filed a purported class action, alleging that an express or implied contract was formed under which the university promised to provide in-person instruction, services, and resources, in exchange for tuition and compulsory fees, citing Activity Fees, Student Services Fees, Professional Co-Curricular Fees, and Studio Fees. He also raised an unjust enrichment theory, based on IIT’s retention of students’ full tuition and fees.The district court dismissed, finding that Hernandez failed to identify any specific promise to provide in-person, on-campus instruction to support a breach-of-contract claim and that Hernandez failed to state a claim for unjust enrichment. While his appeal was pending, the Seventh Circuit decided "Gociman," finding that Loyola University students adequately stated claims for breach of an implied contract under Illinois law. The Seventh Circuit reversed the dismissal of Hernandez’s case, finding no meaningful distinctions between his case and Gociman. View "Hernandez v. Illinois Institute of Technology" on Justia Law

The primary source of incriminating information against Taylor was “Doe,” a woman with whom Taylor and his wife were intimately involved. Law enforcement presented a warrant application to an Indiana judge, seeking to search Taylor’s residence for evidence of child pornography and bestiality. The affidavit did not disclose that two officers involved in the investigation had been competing with Taylor for Doe’s affection. The judge signed a typed warrant that authorized the search of Taylor’s residence for evidence of child pornography; it did not mention bestiality. At a time unknown and under unknown circumstances, the lead detective apparently made handwritten alterations, adding “bestiality” to the warrant’s scope. When officers executed the altered warrant, they found substantial evidence that Taylor was producing and distributing child pornography. They found no evidence relating to bestiality. Taylor's motion to suppress and request for a Franks hearing were denied. Taylor pled guilty and was sentenced to 324 months.The Seventh Circuit vacated. An evidentiary hearing is needed to determine whether the judge approved the alterations before the warrant's execution. Questions surrounding those alterations are relevant to the good-faith exception to the exclusionary rule so the hearing must encompass false statements and material omissions in the affidavit and law enforcement’s subjective good faith in seeking the warrant. The affidavit did not support probable cause to search for evidence of child pornography but did support probable cause to search for evidence of crimes of bestiality. View "United States v. Taylor" on Justia Law