Employment — failure to promote

Posted August 12, 2019 3:05 PM

Where a U.S. District Court erred in granting summary judgment on a failure-to-promote retaliation claim, and a reasonable jury could conclude that plaintiff was not promoted as retaliation for filing of discrimination complaints, the lower court order was reversed.The 7th U.S. Circuit Court of Appeals reversed a decision by U.S. District Judge Sarah Evans Barker, Southern District of Indiana.Covance Central Laboratory Services, a manufacturer of medical test kits in Indianapolis, hired Damon Stepp in December 2015 as a …

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Probate — statute of limitations

Where a party seeks its right as a putative spouse against a decedent’s estate, it must file within two years of the death or the petition is untimely.
Criminal procedure — plea agreement

Where district court rejected binding plea agreement, court did not abuse its discretion or improperly insert itself into plea agreement negotiations.
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Where defendant waives his right to counsel, the court must provide admonishments under Illinois Supreme Court Rule 401(a) at that point in time, prior admonishments do not suffice.
Jail — suicide

Where detainee told jail officers he was not considering suicide, and jail took precautions to frequently observe detainee for unusual behavior, detainee’s suicide did not render jail’s precautions constitutionally inadequate.
Civil procedure — additur

Where a court agreed to alter a jury award under additur as inconsistent with the verdict, the court must either obtain the defendant’s consent or initiate a new trial on damages.
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Where social security claimant argued ALJ included insufficient amount of medical record in decision, panel rejected argument, finding that summary was enough to support ALJ’s reasoning.
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Where plaintiff is injured when a person crashes their car into a business plaintiff is patronizing, the incident may be foreseeable and does not preclude proximate cause by the business.
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Where court declined to revisit precedent deferring to application note’s interpretation of provision of Sentencing Guidelines.