Tuesday, February 08, 2005
Ind. Decisions - 7th Circuit posts four today
Gulley, Evalene v. Sahara Coal Trust (Benefits Review Board, US Dept. of Labor) [7 pp.]
Enodis Corporation v. Freeland, Daniel (ND Ind., Allen Sharp, Judge) [8 pp.]
Before POSNER, WOOD, and EVANS, Circuit Judges.
EVANS, Circuit Judge. By now it is fair to say we are painfully aware that Consolidated Industries Corporation is in bankruptcy in the Northern District of Indiana. (In re Consolidated Indus. Corp., Bankr. Case No. 98-40533.) To put it mildly, we have seen this case before. This time it is before us on Enodis Corporation’s1 appeal from a decision in yet another of the adversary proceedings growing out of the bankruptcy. * * *
This case was moot before and it is moot now. It is not possible to require a trustee to seek approval of a defunct settlement, and it would be absurd to order him to seek approval of an already approved settlement. This appeal is DISMISSED.
Flowers, Michael J. v. Columbia College (ND Ill.) [6 pp.]
Before EASTERBROOK, RIPPLE, and EVANS, Circuit Judges.
EASTERBROOK, Circuit Judge. Columbia College Chicago hired Michael Flowers and assigned him to serve as a guidance counselor at a public high school in Chicago, which had contracted with the College for services of this kind. When the principal forbade Flowers to wear a religious head covering, he filed a charge of discrimination with the EEOC, naming the school system as his employer. The school system complained to the College, which fired Flowers—and did so for the sole reason that he had complained about religious discrimination practiced by the high school. (We take as given the allegations in his complaint, without knowing whether they are true.) Flowers then charged the College with retaliation, in violation of 42 U.S.C. §2000e-3(a) (part of Title VII of the Civil Rights Act of 1964), and filed this suit after the EEOC was unable to achieve conciliation. The district judge dismissed the complaint for failure to state a claim, see Fed. R. Civ. P. 12(b)(6), ruling that Title VII allows an employer to sack a person who complains about discrimination elsewhere. * * *
Reversed and remanded.
A.M.I. Diamonds Co v. Hanover Insur Co (ND Ill.) [7 pp.]
Before POSNER, EASTERBROOK, and ROVNER, Circuit Judges. POSNER, Circuit Judge. Wholesale jewelry salesman Maged Soliman, after a sales visit to a retail jewelry store in a Chicago suburb, stopped at a gas station to phone his office. He was careful to park his car just steps away from the station’s pay phone because in a briefcase wedged between the driver’s and front passenger’s seats were more than $100,000 worth of finished diamonds. After finishing his phone call Soliman opened the door of the car on the driver’s side to get back in when he was distracted by a young woman in a minivan a few feet away who asked him for help with directions. He walked over to her, keeping his car with its precious cargo in sight. But when he reached her, she dropped the map she was holding in her hand and he stooped to pick it up. At that moment he lost sight of the car and an accomplice of the woman stole the diamonds, which were never recovered. The thieves had probably kept watch on the retail jewelry store, identified Soliman as a wholesale jewelry salesman, and followed him from the store to the gas station. * * *
Posted by Marcia Oddi on February 8, 2005 01:31 PM
Posted to Ind. (7th Cir.) Decisions