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Thursday, February 03, 2005

Ind. Decisions - 7th Circuit posts three today

Olson, Lawrence W. v. Wexford Clearing (ND Ill.) [10 pp.]

Before WOOD, EVANS, and WILLIAMS, Circuit Judges.
WOOD, Circuit Judge. Suspecting that something was fishy with his brokerage accounts, Lawrence Olson initiated arbitration proceedings before the National Association of Securities Dealers (NASD) against a number of entities, including Wexford Clearing Services Corporation, the firm responsible for clearing the trades placed by Olson’s brokerage firm. Approximately four months after the arbitration panel dismissed Wexford from the proceedings, Olson filed a petition in federal court seeking to vacate the dismissal. The district court found that Olson was too late, given the three-month limitations period found in the Federal Arbitration Act (FAA), and dismissed his petition as untimely. We affirm.
Lalvani, Prem v. Cook County (ND Ill.) [11 pp.]
Before FLAUM, Chief Judge, and WOOD and WILLIAMS, Circuit Judges.
WOOD, Circuit Judge. Prem Lalvani, a 30-year veteran of the Cook County Hospital (CCH) Social Work Department, was terminated in 1996 when Cook County implemented a county-wide reduction in force (RIF). After several unsuccessful attempts to clarify his rights with respect to the layoff, Lalvani filed suit, alleging among other things a violation of his due process rights. The district court dismissed all of Lalvani’s claims on summary judgment. We reversed with respect to the due process claim. See Lalvani v. Cook County, 269 F.3d 785 (7th Cir. 2001) (Lalvani I). On remand, a jury found that Lalvani had merit employee status, such that he had a property interest in his job, but it also found, in response to a question posed to it, that he had not been terminated “for cause.” Based on these findings, the district court concluded that Lalvani had received all the process that he was due. The case is again before us, as Lalvani contends that the jury received erroneous instructions and that the district court erred in holding that he suffered no due process violation. We conclude that the instructions misstated the law, insofar as they directed the jury to answer the question whether Lalvani was terminated “for cause.” Based on the verdict we have, we conclude that Lalvani’s due process rights were violated. We therefore remand for a trial limited to the question of damages.
Dupuy, Jeff v. Samuels, Bryan (ND Ill.) [43 pp.]
Before BAUER, RIPPLE and MANION, Circuit Judges.
RIPPLE, Circuit Judge. Jeff Dupuy, Belinda Dupuy and Pilar Berman brought this action under 42 U.S.C. § 1983 on behalf of a class of persons who had been indicated as perpetrators of child abuse or neglect in reports maintained on the State Central Register of the Illinois Department of Children and Family Services (“DCFS”). The plaintiffs sought injunctive relief, alleging that the DCFS procedures for investigating and disclosing allegations of child abuse and neglect deprive them of due process of law. The district court granted the plaintiffs injunctive relief, and both parties have appealed. For the reasons set forth in the following opinion, we affirm in part and reverse in part and remand the cases for further proceedings consistent with this opinion.

Posted by Marcia Oddi on February 3, 2005 12:58 PM
Posted to Ind. (7th Cir.) Decisions