Monday, May 10, 2010
Ind. Decisions - 7th Circuit decides two Indiana cases today
In Fincher v. South Bend Heritage (ND Ind., Simon), an 11-page opinion, Judge Flaum writes:
Defendant-appellee South Bend Heritage Foundation (“SBHF”) denied plaintiff-appellant Marshall Fincher’s application for Section 8 housing in its building because Fincher had a prior eviction within three years. Fincher brought a suit against SBHF on the theory that he was denied due process of law, or, in the alternative, that SBHF breached a contract with the United States Department of Housing and Urban Development (“HUD”) to which Fincher was a third-party beneficiary. On appeal, Fincher recognizes that the controlling precedent in this Circuit holds that there is no cause of action for a person in his position. See Eidson v. Pierce, 745 F.2d 435 (7th Cir. 1984). Fincher asks us to overturn our precedent on this issue. For the reasons set forth below, we choose not to overrule Eidson and we affirm the district court’s grant of summary judgment.In Everroad v. Scott Truck Systems (SD Ind., Young), a 22-page opinion, Judge Rovner writes:
Diana Everroad sued her former employer, Scott Truck Systems, Inc. (“Scott Truck”), and Sherry Hantzis, the company’s general manager, for gender and age discrimination, and for retaliation for reporting gender and age discrimination. The district court granted summary judgment in favor of the defendants, and Everroad appeals. We affirm.
Posted by Marcia Oddi on May 10, 2010 12:27 PM
Posted to Ind. (7th Cir.) Decisions