U.S. Court of Appeals for the Seventh Circuit

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U.S. Court of Appeals for the Seventh Circuit News

Petition: SCOTUS should undo rulings letting union keep $32M collected from caregivers unconstitutionally

Saying a union’s unconstitutional seizure of $32 million in fees from non-union home care providers via the state of Illinois was legally not much different than picking a pocket on the street, a group of those personal assistants have asked the U.S. Supreme Court to step in and overturn lower courts’ decisions allowing the union to keep the money, even the high court had determined the union had no right to collect the money in the first place.

Judges: Discontented developer should have delivered documents to ex-partners in Ritz-Carlton Residences suit

A Chicago federal appellate court has upheld the dismissal of a suit brought by one of the developers of Chicago's Ritz-Carlton skyscraper, who alleged his onetime partners cut him out of the profits, saying the disgruntled developer's failure to turn over financial records to his ex-partners for their defense preparation justified razing his case.

After appeal, Hyatt awarded $8.3 million in franchise agreement dispute

A Chicago federal appeals panel has ruled hotel chain Hyatt is due $8.3 million in a dispute over a franchise agreement gone bad.

Appeals court upholds 'flawed' AmEx gift cards class action settlement, giving plaintiffs' lawyers $1.95M

While they called the deal flawed, a federal appeals panel in Chicago nevertheless has upheld a settlement ending a class action lawsuit against American Express over gift cards, dividing $1.8 million among class members, and giving plaintiffs' lawyers $1.95 million more.

Appeals panel grants win to Expedia, other travel websites in fight with cities over hotel taxes

In a legal battle between 13 Illinois cities and 13 travel websites over hotel taxes, federal judges in Chicago have now ruled against all 13 municipalities, after a federal appeals court overturned a federal district judge’s decision to allow suburban Lombard alone to continue exacting taxes from Expedia and other online travel agencies.

7th Circuit: Won't rehear EEOC appeal of dismissal of case alleging Autozone racially zoned store workers

A federal appeals court has refused to grant federal employment discrimination regulators the chance to renew their arguments that Autozone’s transfer of a black employee from a store serving a predominantly Hispanic clientele to another in a predominantly African-American neighborhood, should be considered illegal racial discrimination and segregation, even though the transferred worker suffered no loss of income, responsibilities or job opportunities.

Seventh Circuit: Defendants can use plaintiffs own estimate of class size to take class action to federal court

A recent federal appellate court decision has shed some light on how courts may interpret a U.S. Supreme Court ruling on class action damages, and whether defendants can use plaintiffs own class size estimates to transfer a case from state court to federal jurisdiction.

Judge: Fundraising robocalls for Breast Cancer Society OK under federal law; plaintiffs appeal

A fundraising and marketing company has been let off the hook in a class action lawsuit after a federal judge said its work on behalf of a breast cancer research charity meant it couldn't be made to pay for allegedly violating a federal telemarketing law. However, plaintiffs are appealing that decision.

Class action: Floor and Decor sells tiles that don't measure up; mimics lumber suits vs Home Depot, Menards

In the wake of attempted class action lawsuits aimed at Home Depot and Menards over the size of lumber pieces they sell, Floor and Decor has become the latest class action target, as a new lawsuit claims they sell ceramic and glass tiles that allegedly don’t quite measure up to the dimensions listed on the tag and packaging.

Supreme Court refuses to hear home care providers' lawsuit vs SEIU over compelled representation

The U.S. Supreme Court has denied a group of Illinois child care providers and in-home care assistants for those with disabilities the chance to argue their constitutional rights were violated by an Illinois state law forcing the care providers to accept the Service Employees International Union as their bargaining representative.

Divided federal appeals panel says Chicago can bar women from baring breasts

A divided U.S. Seventh Circuit Court of Appeals has upheld a lower court's ruling that the city of Chicago is within its rights to ban women from going topless in public, even if a woman is trying to use the First Amendment to get a gripe off her chest about how the law allegedly treats women unfairly.

Federal appeals court tosses antitrust injunction that goes too far in car dealer software suit

A Chicago federal appeals panel has scrapped an injunction won by a Wisconsin business against a Hoffman Estates-based provider of software to car dealers, with the court saying the injunction improperly distorts the marketplace.

Limo company owners' failure to understand personal liability for judgment in OT case dooms appeal

Former business partners sued for failing to pay their employees overtime lost their appeal of the judgment against them, when a federal appeals court found the men had spent years ignoring both the litigation and the judgment.

Debt collector on the hook for $70K in attorney fees for woman who they sued in the wrong county court

A Chicago debt collection law firm that sued consumers based on a former interpretation of the Fair Debt Collection Practices Act (FDCPA) will have to pay attorney fees and costs to a former debtor, a Chicago federal judge has declared.

Seventh Circuit strikes down IL 'full slate' 3rd party election rule, says state blocked election participation

Upcoming Illinois elections could see more third-party candidates than in past rounds of balloting after Illinois' full slate ballot requirement law, which placed additional burdens on third party candidates seeking to run for office, was struck down by a federal appeals court.

Chicago OK to tack on thousands in taxes to the sale of Fannie, Freddie foreclosures: Appeals court

While federal law bars the city of Chicago and other local governments from slapping taxes on homes acquired by federal home mortgage lending giants Fannie Mae and Freddie Mac, the law does nothing to stop such cities from merely passing on those tax bills to the people who later buy the property from Fannie or Freddie, a federal appeals panel says.

Seventh Circuit tosses $10M fine vs lawyer accused by feds of fraud, says case needs second look

The U.S. Seventh Circuit Court of Appeals has thrown out a $10 million fine levied against an attorney accused of defrauding the government.

Green Party appeals court win would have meant easier ballot access, but probably not any more wins

A different decision from a federal appeals court could have made it easier for third party candidates to get on ballots. But they still would face long electoral odds.

Appeals court says union benefits plans can't sue Abbott Labs for overreaching promotion of Depakote

A federal appeals panel has upheld the dismissal of a suit, which alleged a Chicago-area drug maker cost union benefit plans money by pushing doctors to prescribe Depakote to union members for non-FDA approved uses. The judges ruled the union plans are too far removed from the drug maker's actions to stake a claim.

Appeals panel nixes home care workers' class action vs union over unconstitutional forced fee payment

Non-union home care providers who for years had fees, worth an estimated $32 million, illegally and unconstitutionally taken by the state of Illinois and funneled to a union should not be allowed to bring a class action against that union to get their money back, because courts can’t determine how many of those caregivers may have actually supported the union, a federal appeals court has ruled.