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   Federal Courts - 7th Circuit Court of Appeals - January 4, 2006

  
Bagby v. Experian Info. Solutions, Inc., No. 04-2593, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 4, 2006, Decided
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Overview: Consumer's FCRA claims failed. She was never denied credit, she failed to show causal connection between credit reporting agency's actions and fact she had to pay off two accounts she claimed were fraudulent, as there was no willful violation of FCRA by agency statutory and punitive damages were unavailable, and agency investigation was reasonable.

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Feto v. Gonzales, No. 03-4337, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 4, 2006, Decided
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Overview: A petition for review filed by alien family was denied. Substantial evidence supported the IJ's adverse credibility finding, and the credible evidence that father presented did not compel finding that family had suffered past persecution in Albania. Father failed to exhaust his claim that IJ had not properly apprised him of his procedural rights.

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In re Kmart Corp., No. 05-1488, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 4, 2006, Decided
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Overview: A bankrupt retailer was permitted to continue with an executory contract with the credit card company providing for a co-branded credit card after the retailer filed for bankruptcy because, despite the bankruptcy filing, the retailer was not in breach of any of the contract terms.

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Local 15, IBEW v. NLRB, No. 05-1058, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 4, 2006, Decided
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Mosely v. Bd. of Educ., Nos. 03-4074, 03-4120, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 4, 2006, Decided
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Overview: A mother who was dissatisfied with how her son was being handled by a public school system was entitled to sue on her own behalf as a parent whose procedural rights under the IDEA were infringed. Moreover, her case should not have been dismissed simply because she did not anticipate the affirmative defense of exhaustion in her pleadings.

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Popadic v. Gonzales, No. 04-2484, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 4, 2006, Decided
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Overview: Petition for review was denied. Court could not consider due process claim that arose from alleged procedural error because alien had not exhausted his remedies as to claim; exhaustion was required because BIA could have corrected error. Presumption of regularity attached to BIA's decision upholding denial of motion to reopen removal proceedings.

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United States v. Lagiglio, Nos. 03-1114 & 04-1095, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 4, 2006, Decided
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