Seventh Circuit -- William Grote, III v. Kathleen Sebelius

Granting of prelim injunction in health care mandate case, brief per curiam.

Long dissent -- closely held corporation is still a fundamentally commercial entity.

William Grote, III v. Kathleen Sebelius

Seventh Circuit -- Lock Realty Corporat v. U.S. Health, LP

Despite TKO of sole expert under Daubert, no error in award of liquidated damages even given denial of earlier motion for further discovery.  [Maybe.]

Attorney affidavit as to billing properly admitted despite awkward phrasing.

Lock Realty Corporat v. U.S. Health, LP

Seventh Circuit -- James Wells v. Jeff Coker

No preclusion/estoppel in subsequent S1983 suit.from earlier Criminal plea.  Potentially multiple bases for plea.

James Wells v. Jeff Coker

Seventh Circuit -- Ghulam Mustafa v. Eric Holder, Jr.

Immigration/Pakistan -- Reversal, as future threat might very well be political animus, not personal.

Ghulam Mustafa v. Eric Holder, Jr.

Seventh Circuit -- USA v. Carlos Mendiola

Linguist is not an expert for purposes of voice ID, and can therefore familiarize herself with the voice prior to the ID.

USA v. Carlos Mendiola

Seventh Circuit -- USA v. Jason Foster

Crack/cocaine adjustment is not a full resentencing, and therefore different statutory minimums don't apply.

USA v. Jason Foster

Seventh Circuit -- Central States South v. Stephen L. Messina

Veil pierced upon dissolution of retirement plan agreement, as the entity in question operated under an agreement that said that it was more than just a passive investment vehicle.

Central States South v. Stephen L. Messina

Seventh Circuit -- Porfirio Gutierrez v. Keith Anglin

Habeas -- Ineffective Assistance denial upheld, as the claim doesn't address the statutory factors of the potentially mitigated offense.

Porfirio Gutierrez v. Keith Anglin

Seventh Circuit -- John Asare Boadi v. Eric Holder, Jr

Immigration -- no unfair surprise when IJ accelerated the calendar on pro se petitioner.

IJ findings upheld.

John Asare Boadi v. Eric Holder, Jr

Seventh Circuit -- Matthew Thomas v. UBS AG

Dismissal of class action prior to certification -- Poz: Swiss bank had no obligation to tell folks that they had to pay relevant US taxes.

Matthew Thomas v. UBS AG

Seventh Circuit -- Jurijus Kadamovas v. Michael Stevens

Posner -- Reversal of dismissal of 99-page prisoner pro se complaint for unintelligibility.  There's a difference between length and unintelligibility, and Iqbal means that it might take that long to state a claim.

Jurijus Kadamovas v. Michael Stevens

Seventh Circuit -- Hoyt Ray v. Wexford Health Sourc

No cruel & unusual punishment for denial of MRI; no appointment of counsel.

Hoyt Ray v. Wexford Health Sourc

Seventh Circuit -- USA v. Adolfo Wren

Court does not have to reset to the statutory minimum when resentencing for crack/cocaine where substantial assistance to authorities moved the original range to beneath the statutory minimum.

USA v. Adolfo Wren

Seventh Circuit -- Karen Fitzgerald v. M. Santoro

Detention of potential suicide victim -- summary judgment for officers in S1983 action upheld.

Karen Fitzgerald v. M. Santoro

Seventh Circuit -- USA v. Ronald Love

Crinm -- evidence sufficient for cocaine conspiracy;

FRE --- a question doesn't assert anything and is therefore categorically not hearsay.

Remand for sentencing error -- amount of drugs involved in transaction.

USA v. Ronald Love

Seventh Circuit -- Bernard Hawkins v. USA

Posner:  Challenge to sentencing guidelines calculation not cognizable review, as the guidelines are now merely advisory.

Dissent: Circuit precedent says that prisoners can challenge career offender status.

Bernard Hawkins v. USA

Site Update

Still slogging through last week's backlog from the hintermost Circuits.  Back to nationwide same-day posting Friday, even if we have to cut the Gordian knot and not post a few.

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