Flaum , Circuit Judge . Elvira Garcia-Arce seeks withholding of removal to Mexico under the Immigration and Nationality Act and the Convention Against Torture. She has filed two petitions for review of orders of the Board of Immigration Appeals (the "Board"). We deny both petitions. As to the first petition, the Board's decision affirming the denial of Garcia-Arce's withholding application was supported by substantial evidence. As to the second petition, the Board did not abuse its...
Barrett , Circuit Judge . For four years, nurse practitioner Denise Jordan treated Kevin Clanton's severe hypertension. Jordan, an employee of the U.S. Public Health Service, failed to properly educate Clanton about his disease or to monitor its advancement. Clanton's hypertension eventually developed into Stage V kidney disease requiring dialysis and a transplant, and he sued the United States under the Federal Tort Claims Act for Jordan's negligent care. After a five-day bench trial, the...
St. Eve , Circuit Judge. We accepted Christine Dancel's petition under Federal Rule of Civil Procedure 23(f) so that we could review the district court's denial of class certification. Dancel, however, has proceeded as though we gave her a free ticket to redo her opposition to the removal of her suit from state court. Although we refuse to entertain the bulk of her arguments, she has drawn our attention to a critical hole in the notice of removal—it does not allege the citizenship of even...
Wood , Chief Judge . Demetrise Harper appeals from the district court's denial of his motion to withdraw his plea of guilty to three charges: possession of a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. 924(c); possession of a firearm by a felon, id. 922(g); and possession with intent to distribute and distribution of a controlled substance, 21 U.S.C. 841(a)(1), (b)(1)(C). In moving to withdraw his plea, Harper argued that he was innocent of the first because he...
Hamilton , Circuit Judge . This appeal presents an insurance coverage dispute between Windridge of Naperville Condominium Association and Philadelphia Indemnity Insurance Company. On May 20, 2014, a hail and wind storm damaged buildings owned by Windridge. The buildings were insured by Philadelphia Indemnity. The storm physically damaged the aluminum siding on the buildings' south and west sides. Philadelphia Indemnity contends that it is required under the insurance policy to replace the...
Brennan , Circuit Judge . Unhappy with his utility bill, Chetty Sevugan filed this putative class action challenging the electricity prices of Direct Energy Services, LLC, an alternative retail energy supplier in the Chicago market. After Sevugan's third attempt to plead a breach of contract claim, the district court dismissed his complaint with prejudice. Repetition does not make a claim more valid; just so for the customer here. Given his failure to allege facts which allow a reasonable...
Wood , Chief Judge . Behind the legal question we must resolve in this case is a sad story: as Celso Guerrero was trying to drive to his job at BNSF Railway through a snowstorm early one morning, his car skidded, it collided with a snowplow, and he was killed. His widow, Rita Guerrero, who appears on her own behalf and as administrator of her late husband's estate, is seeking compensatory money damages from BNSF. (Our references in this opinion to Guerrero refer to Celso Guerrero, unless...
Sykes , Circuit Judge . Frank Novak tragically took his own life in February 2012. He left his company, Chicago Management Consulting Group, Inc., to his close friend Debra Comess. She was not in a position to manage the struggling firm, so she initiated bankruptcy proceedings almost immediately after Novak's death. The Chapter 7 Trustee discovered numerous transfers from Chicago Management Consulting Group's coffers to Comess and Julia Hathaway—another Novak companion who ran a small yoga...
Hamilton , Circuit Judge . Like many students, plaintiff Nicole Nelson borrowed money to pay for her education. Defendant Great Lakes Educational Loan Services, Inc. services repayment of her federally insured loans. On its website, Great Lakes offered to provide guidance to borrowers struggling to make their loan payments. It told borrowers: "Our trained experts work on your behalf," and "You don't have to pay for student loan services or advice," because "Our expert representatives...
Easterbrook , Circuit Judge . In 1996 Rafaela Aldaco pleaded guilty to battery and received a sentence of six months' supervision, a diversionary disposition under Illinois law. See 730 ILCS 5/5-1-21, 5/5-6-3.1. The state court entered a finding of guilt and deferred proceedings while Aldaco served her sentence. After Aldaco complied with the conditions of her supervision, the court dismissed the charge. Although Aldaco could have had the battery record expunged, she did not ask the court...
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 ORDER Jackie Wilson, now an inmate at Menard Correctional Center, appeals the dismissal of his complaint asserting claims of deliberate indifference arising out of the medical care he received at Stateville Correctional Center near Chicago during his 414-day hunger strike. The district court dismissed Wilson's complaint with prejudice for failure to disclose his complete litigation history and, alternatively,...
Rovner , Circuit Judge . This appeal presents us with only the narrow issue of whether the district court erred in rescinding class certification. The defendant-appellee, NextGear Capital, Inc., formerly known as Dealer Services Corporation, provided lines of credit for financing the operations of used car dealerships. The plaintiffs Red Barn Motors, Inc., Platinum Motors, Inc. and Mattingly Auto Sales, Inc., operated used car dealerships, and were solicited by NextGear to enter into a...
Sykes , Circuit Judge . Michael Thomas, an Illinois prisoner formerly confined at Hill Correctional Center, alleged that prison guards attacked him with excessive force and that the beating and subsequent disciplinary proceedings were in retaliation for lawsuits and grievances he filed. He sued the guards and other prison officials seeking damages under 42 U.S.C. 1983. In the course of pretrial proceedings, the district judge required the parties to stipulate to the events preceding the...
In the United States Court of Appeals For the Seventh Circuit _ Nos. 19-2200, 19-2713 & 19-2782 MILLERCOORS LLC, Plaintiff-Appellant, Cross-Appellee, v. ANHEUSER-BUSCH COMPANIES, LLC, Defendant-Appellee, Cross-Appellant. _ Appeals from the United States District Court for the Western District of Wisconsin. No. 19-cv-218-wmc — William M. Conley, Judge. _ ARGUED SEPTEMBER 23, 2019 — INTERIM ORDER OCTOBER 18, 2019 _ Before EASTERBROOK, HAMILTON, and ST. EVE, Circuit Judges. PER CURIAM. On May 24,...
In the United States Court of Appeals For the Seventh Circuit _ Nos. 19-2200, 19-2713 & 19-2782 MILLERCOORS LLC, Plaintiff-Appellant, Cross-Appellee, v. ANHEUSER-BUSCH COMPANIES, LLC, Defendant-Appellee, Cross-Appellant. _ Appeals from the United States District Court for the Western District of Wisconsin. No. 19-cv-218-wmc — William M. Conley, Judge. _ ARGUED SEPTEMBER 23, 2019 — INTERIM ORDER OCTOBER 18, 2019 _ Before EASTERBROOK, HAMILTON, and ST. EVE, Circuit Judges. PER CURIAM. On May 24,...
In the United States Court of Appeals For the Seventh Circuit _ Nos. 19-2200, 19-2713 & 19-2782 MILLERCOORS LLC, Plaintiff-Appellant, Cross-Appellee, v. ANHEUSER-BUSCH COMPANIES, LLC, Defendant-Appellee, Cross-Appellant. _ Appeals from the United States District Court for the Western District of Wisconsin. No. 19-cv-218-wmc — William M. Conley, Judge. _ ARGUED SEPTEMBER 23, 2019 — INTERIM ORDER OCTOBER 18, 2019 _ Before EASTERBROOK, HAMILTON, and ST. EVE, Circuit Judges. PER CURIAM. On May 24,...
In the United States Court of Appeals For the Seventh Circuit _ No. 19-2769 IN THE MATTER OF: COMMODITY FUTURES TRADING COMMISSION, Petitioner. KRAFT FOODS GROUP, INC., and MONDELEZ GLOBAL LLC, Parties in Interest. _ Petition for a Writ of Mandamus to the United States District Court for the Northern District of Illinois, Eastern Division. No. 15 C 2881 — John Robert Blakey, Judge. _ SUBMITTED OCTOBER 15, 2019 — DECIDED OCTOBER 22, 2019 _ Before EASTERBROOK, RIPPLE, and SYKES, Circuit Judges....
In the United States Court of Appeals For the Seventh Circuit _ No. 19-2769 IN THE MATTER OF: COMMODITY FUTURES TRADING COMMISSION, Petitioner. KRAFT FOODS GROUP, INC., and MONDELEZ GLOBAL LLC, Parties in Interest. _ Petition for a Writ of Mandamus to the United States District Court for the Northern District of Illinois, Eastern Division. No. 15 C 2881 — John Robert Blakey, Judge. _ SUBMITTED OCTOBER 15, 2019 — DECIDED OCTOBER 22, 2019 _ Before EASTERBROOK, RIPPLE, and SYKES, Circuit Judges....
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 1, 2019* Decided November 20, 2019 Before AMY C. BARRETT, Circuit Judge MICHAEL B. BRENNAN, Circuit Judge MICHAEL Y. SCUDDER, Circuit Judge No. 19-2517 MELODY JACKSON HALE, Appeal from the United States Plaintiff-Appellant, District Court for the Southern District of Indiana, Indianapolis Division. v. No. 1:19-cv-...
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 1, 2019* Decided November 20, 2019 Before AMY C. BARRETT, Circuit Judge MICHAEL B. BRENNAN, Circuit Judge MICHAEL Y. SCUDDER, Circuit Judge No. 19-2517 MELODY JACKSON HALE, Appeal from the United States Plaintiff-Appellant, District Court for the Southern District of Indiana, Indianapolis Division. v. No. 1:19-cv-...
