Contract law — suit against state entity for breach of contract

Posted June 20, 2022 10:59 AM

Where the appropriate forum for a suit against state university alleging breach of contract was state court, district court did not abuse discretion in dismissing suit.The 7th U.S. Circuit Court of Appeals affirmed a decision by Chief Judge Sara Darrow, Central District of Illinois.Illinois State University charges tuition and multiple fees. One fee, the Mandatory Fee, covers the cost of on-campus facilities and programs. In March 2020, after the governor of Illinois declared an emergency because of COVID-19 and issued an …

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Torts — proximate cause

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.
Sentencing — application note

Where court declined to revisit precedent deferring to application note’s interpretation of provision of Sentencing Guidelines.
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Where defendant petitions seeking sentencing credit and the petition is denied, the denial is not a final or appealable order and the appellate court lacks jurisdiction to consider it.
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Sentencing — conspiracy

Where government could prove defendant joined smaller conspiracy than what was alleged in the indictment, conviction was affirmed.
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

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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.