Decisions

FODIES MCBRIDE, SR v. ALLSTATE INSURANCE COMPANY

The Seventh Circuit dismissed an appeal filed by a pro se litigant who failed to argue that the district court lacked subject matter jurisdiction over his claims. The appellate court deemed the appeal frivolous because the appellant did not engage with the court's dispositive determination that his complaints failed to allege violations of federal law or establish diversity jurisdiction.

MICHELLE L. VEASEY v. MIKE THOMS

The Seventh Circuit affirmed a district court ruling granting summary judgment to local officials in a civil rights suit challenging the revocation of a liquor license. The appellate court upheld the lower court's findings that the officials were protected by absolute immunity and that the plaintiff failed to provide sufficient evidence of due process violations or racial discrimination.

RYAN W. MILBECK v. ALLISON GEORGE, et al

The Seventh Circuit held that a law enforcement officer's 'temporary felony want' does not constitute a valid warrant sufficient to justify entering a home without a judge's authorization. While the court affirmed the dismissal of claims regarding arrest and malicious prosecution due to probable cause, it reversed the dismissal of the plaintiff's Fourth Amendment claim for unlawful warrantless entry.

ORLANDO GONZÁLEZ TOMASINI JULIETTE IRIZARRY-MIRANDA; CONJUGAL PARTNERSHIP GONZÁLEZ-IRIZARRY; K O G, Minor; V D R, Minor; S G I, Minor; M A R, Minor v. LOUIS DEJOY, Postmaster; U...: ORLANDO GONZÁLEZ TOMASINI JULIETTE IRIZARRY-MIRANDA; CONJUGAL PARTNERSHIP GONZÁLEZ-IRIZARRY; K O G, Minor; V D R, Minor; S G I, Minor; M A R, Minor v. LOUIS DEJOY, Postmaster; U…

The First Circuit affirmed the dismissal of an employment discrimination lawsuit after finding the plaintiff committed witness tampering on the eve of trial. The court held that conditioning a custody agreement on a witness's refusal to testify constituted a fraud on the court warranting the severe sanction of dismissal.

BLUERADIOS, INC. v. HAMILTON, BROOK, SMITH & REYNOLDS, P.C.: BLUERADIOS, INC. v. HAMILTON, BROOK, SMITH & REYNOLDS, P.C.

The First Circuit reversed the district court's summary judgment in a legal malpractice suit, holding that a genuine issue of material fact exists regarding when the statute of limitations began to run. The court further ruled as a matter of law that an attorney-client relationship existed between the tech company and the law firm, rejecting the lower court's dismissal of the claims.

DREAMWORKS MOTORSPORTS, INC v. JONATHAN KLEIN

The Fourth Circuit affirmed a district court's remand of a contract dispute to state court because the defendant removed the case after the one-year statutory deadline had expired. The court held that the plaintiff's strategic delay in scheduling a hearing on a motion to amend the complaint did not constitute bad faith sufficient to excuse the untimely removal.

23-1451: HOLSTEIN v. COLLINS [ERRATA], Nonprecedential

UNITED STATES OF AMERICA v. GARY LEE HODGES

The Fourth Circuit affirmed Gary Lee Hodges's sentence for attempted enticement of a minor, rejecting his argument that sentencing enhancements do not apply when the victim is a fictitious person created by law enforcement. The court held that the term 'minor' in the Sentencing Guidelines is ambiguous and that the Guidelines' commentary defining 'minor' to include fictitious persons is entitled to deference.

UNITED STATES OF AMERICA v. MYELICIA T. RODGERS

The Eleventh Circuit affirmed Myelicia Rodgers' conviction for mail tampering and theft, ruling that the district judge did not impermissibly draw an adverse inference from her decision not to testify. The court held that the judge's neutral reference to the lack of testimony merely explained that the prosecution's evidence remained uncontradicted, rather than punishing Rodgers for exercising her Fifth Amendment right.

United States v. Ott

The Eleventh Circuit affirmed a defendant's sentence, ruling that an attempt to commit New York second-degree robbery qualifies as a crime of violence under the Sentencing Guidelines. This decision relies on a 2023 amendment that explicitly includes inchoate offenses within the definition of a crime of violence.