Contracts — implied contract

Posted April 21, 2023 10:27 AM

Where plaintiff student had sufficiently alleged the existence of an implied contract between students and university for an in-person education and access to in-person facilities, district court erred in dismissing breach of contract claim relating to COVID-19 pandemic.The 7th U.S. Circuit Court of Appeals reversed a decision by Judge Franklin U. Valderrama, Northern District of Illinois.Omar Hernandez is a student at Illinois Institute of Technology. At the outset of the COVID-19 pandemic in March 2020, IIT suspended all …

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Criminal law — void ab initio conviction

Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.
Family law — adult disabled child support

Where a parent petitions for adult disabled child support, it may do so after the child has reached the age of majority if the child is not emancipated and the disability arose as a minor.
Civil procedure — remand

Where plaintiffs’ complaint contained one claim and multiple legal theories, defendants could not justify remand on the basis that one legal theory alleged violation of federal law.
Civil procedure — mootness

Where a petition for involuntary treatment is granted the petition may be reviewed even after the treatment has ended if it may recur or there is a public interest in settling the issue.
Civil procedure — standing

Where plaintiffs alleged economic harm based on theoretical risk of injury from potentially contaminated infant formula, theory was not sufficient to confer Article III standing.
Civil law — apparent agency

Where plaintiff receives a consent form indicating that their treating physician is not an agent of the hospital, this is not dispositive of an apparent agency relationship.
Civil law — shareholder derivative action

Where plaintiffs file a shareholder derivative action they must allege facts that provide reasonable doubt as to whether the board of directors could exercise independent and disinterested judgment.
Immigration — asylum, nexus

Where petitioner failed to show nexus between her past persecution and membership in protected group, petition for review of decision denying asylum and withholding of removal was denied.