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Thursday, February 10, 2005

Ind. Decisions - 7th Circuit posts two today

Hays, Jon R. v. USA (SD Ill.) [10 pp.]

Before EASTERBROOK, KANNE, and EVANS, Circuit Judges.
KANNE, Circuit Judge. Jon Riley Hays, a licensed medical doctor, pled guilty to two charges stemming from his illegal use of OxyContin. Count I charged Hays with tampering with a consumer product, and Count II charged him with possession of a controlled substance by misrepresentation or fraud. Hays was sentenced to fifty-one months in prison for Count I and a concurrent sentence of forty-eight months for Count II. Hays now asks for collateral relief under 28 U.S.C. § 2255, claiming that his attorneys provided ineffective assistance and that his plea was not voluntary because he did not understand the nature of the charges against him. The district court denied his motion. For the reasons set forth in this opinion, we affirm.

Trustees Chicago Pai v. LaCosta Inc (ND Ill.) [10 pp.]

Before KANNE, EVANS, and SYKES, Circuit Judges.
KANNE, Circuit Judge. The President and sole shareholder of LaCosta, Inc. completed and signed a one-page free membership application from the Chicago Painting and Decorating Contractors Association (“Chicago PDCA”). The membership offer indicated that applicants agreed to abide by the constitution and bylaws of the Chicago PDCA, which appoint that organization as the bargaining representative of its active members and bind them to the collective bargaining agreement (“CBA”) between the Chicago PDCA and District Council 14. The terms of the CBA require Chicago PDCA members to contribute to the Chicago Painters and Decorators Pension, Health and Welfare, and Deferred Savings Plan Trust Funds (“Funds”). The Trustees of these Funds filed an action to collect contributions from LaCosta, which did not pay any money into the Funds after submitting the membership application. Because we find that LaCosta did not demonstrate an unequivocal intent to be bound by the District Council 14 CBA, we affirm the district court’s grant of summary judgment for LaCosta.

Posted by Marcia Oddi on February 10, 2005 12:58 PM
Posted to Ind. (7th Cir.) Decisions