Articles Posted in US Court of Appeals for the Seventh Circuit

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United Airlines pilot instructors sued their union, ALPA, alleging that ALPA had breached its duty of fair representation in its allocation of a retroactive pay settlement among different groups of pilots. The district court dismissed the case. The Seventh Circuit reversed. A claim of discrimination or bad faith must rest on more than a showing that a union’s actions treat different groups of employees differently and must be based on more than the discriminatory impact of the union’s otherwise rational decision to compromise. The Instructors sufficiently and plausibly pleaded that ALPA acted in bad faith in its allocation of retroactive pay between the line pilots and pilot instructors. A union may not make decisions “solely for the benefit of a stronger, more politically favored group over a minority group.” The plaintiffs have alleged that pilot instructors make up a minority of ALPA’s membership and that ALPA acted with the intent to appease its majority membership, the line pilots, after a lengthy and contentious CBA negotiation. View "Bishop v. Air Line Pilots Association, International" on Justia Law

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Van Haften, a Wisconsin native, was caught traveling to Turkey to join ISIS. Van Haften holds several bizarre beliefs and has a vendetta against the government, having been convicted of statutory rape and designated a sex offender. Van Haften pleaded guilty to attempting to provide material support to a foreign terrorist organization, 18 U.S.C. 2339B(a)(1). The district court applied the terrorism enhancement (U.S.S.G. 3A1.4) because his crime was “calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct.” After hearing testimony about Van Haften’s delusional beliefs and his willingness to reform, the court gave him a below-guidelines sentence of 10 years. Without the terrorism enhancement, Van Haften’s range would have been 57–71 months. The Seventh Circuit affirmed, noting overwhelming evidence that Van Haften sought revenge against the government. While Van Haften’s motivations fluctuated over time and were sometimes incoherent, his actions were not irrational even if his factual predicates were false or absurd. It is unimportant why Van Haften wanted to retaliate against the government; he committed a crime calculated to retaliate against the government. A desire for safety and Islamic fellowship may have contributed his decision, but this was not Van Haften’s sole, or even primary, motivation. View "United States v. Van Haften" on Justia Law