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| Arnett v. Comm'r, No. 06-1934,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 16, 2007, Decided
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Overview: Tax exclusion for foreign income under 26 U.S.C.S. § 911 did not apply to income that a taxpayer earned while working in Antarctica; 26 C.F.R. § 1.911-2(h) reasonably defined "foreign country" as territory under the sovereignty of a foreign nation, and the United States did not recognize any claims of sovereignty over Antarctica.
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| Arnold v. Barnhart, No. 05-3462,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 16, 2007, Decided
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Overview: The decision which upheld the ALJ's determination that the social security claimant was not disabled because he retained the residual functional capacity to perform several jobs was affirmed; the ALJ properly relied on objective medical and other evidence that sufficiently contradicted the credibility of the claimant's claims of disability.
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| Keith v. Barnhart, No. 05-2527,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 16, 2007, Decided
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Overview: The district court's decision dismissing the social security claimant's claim that the denial of his application for disability insurance benefits under Title II of the Social Security Act during a second hearing was the product of the ALJ's bias was affirmed because the ALJ was simply attempting to focus the hearing on the precise issue at hand.
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| Yong-Qian Sun v. Bd. of Trs., No. 06-2438,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 16, 2007, Decided
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Overview: Fed. R. Civ. P. 55(a) default judgment was properly vacated because it was inappropriate and unduly harsh sanction for defendants' discovery violations. Defendants were properly granted summary judgment as to professor's Title VII, § 1981, § 1983, claims. Defendants proffered non-pretextual and nondiscriminatory reasons for adverse tenure decision.
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| McConville v. United States SEC, No. 05-3510,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 17, 2007, Decided
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| Metro. Water Reclamation Dist. of Greater Chi. v. N. Am. Galvanizing & Coatings, Inc., No. 05-3299,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 17, 2007, Decided
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Overview: Where neither EPA nor any other government entity had involved itself in the cleanup undertaken by water district, the continued recognition of an implied cause of action in 42 U.S.C.S. § 9607(a), coupled with that subsection's plain language, convinced the court that water district could sue under § 9607(a) to recover necessary response costs.
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| Muhammad v. McAdory, No. 06-2304,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 17, 2007 * , Submitted* After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2)., January 17, 2007, Decided
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Overview: A decision dismissing an inmate's civil rights claim alleging that prison officials were deliberately indifferent to unsanitary conditions was vacated because disputed issues of fact remained concerning whether the inmate exhausted his administrative remedies under 42 U.S.C.S. § 1997e(a) as to his claim of violations of his Eighth Amendment rights.
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| Tricontinental Indus. v. PricewaterhouseCoopers, LLP, No. 05-4322,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 17, 2007, Decided
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Overview: Absent an allegation that fairly stated that the client's primary intent in retaining and utilizing the firm's services and work product during the transaction was to influence the corporation, corporation failed to state a negligent misrepresentation claim under the standards set forth in the case law and 225 Ill. Comp. Stat. 450/30.1.
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| United States v. Roberson, No. 06-1121,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 17, 2007, Decided
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Overview: Defendant's 85-month sentence for bank robbery and using a firearm in crime of violence was reversed because consecutive 84-month sentence was required by 18 U.S.C.S. § 924(c)(1) and one-month sentence for bank robbery was unreasonable as district court did not weigh the 18 U.S.C.S. § 3553(a) factors in a reasonable manner.
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