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| Acme United Corp. v. St. Paul Fire & Marine Ins. Co., No. 06-1704,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 9, 2007, Decided
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Overview: The grant of summary judgment to the insurance company was reversed because the district court erred when it found that the insurance company did not owe plaintiff a duty to defend under the Policy because the competitor's underlying complaint alleged an "advertising injury offense," thus invoking the insurance company's duty to defend plaintiff.
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| Call v. Ameritech Mgmt. Pension Plan, No. 05-4592,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 9, 2007, Decided
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Overview: Deference that court would normally give to an interpretation by a plan administrator was overridden by the lack of any reasoned basis for that interpretation; plan could not unilaterally eliminate the anti-cutback provision in 29 U.S.C.S. § 1054(g) by amendment, and district court's grant of summary judgment in favor of participant was affirmed.
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| Treiber & Straub, Inc. v. UPS, Nos. 05-3743 & 05-3896,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 9, 2007, Decided
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Overview: Examination of the relevant pages from the shipper's website and contract between the parties satisfied the court that the shipper provided adequate notice that customers were not permitted to ship items of unusual value; district court properly granted summary judgment against jeweler who shipped a ring worth more than double the $50,000 limit.
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| United States v. Chambers, No. 06-2405,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 9, 2007, Decided
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Overview: Defendant was properly sentenced as armed career criminal under 18 U.S.C.S. § 924(e) because defendant's conviction under 720 Ill. Comp. Stat. 5/31-6(a) for escape for failing to report to penal institution on four occasions constituted a crime of violence for purposes of the Armed Career Criminal Act under judicial precedent.
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| United States v. Radomski, No. 05-3792,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 9, 2007, Decided
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Overview: Defendant's 21 U.S.C.S. §§ 841(a)(2), 846, conviction was reversed. Although defendant clearly engaged in a conspiracy, government did not prove beyond reasonable doubt that focus of conspiracy was sale of Ecstasy. Evidence showed, at most, that defendant conspired to defraud informant. Defendant was not found to possess any drugs or drug evidence.
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