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| Cervantes De Hernandez v. Chertoff, No. 05-2345,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2007, Decided
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Overview: Where an alien was denied a waiver of admissibility under 8 U.S.C.S. § 1182(i) and adjustment of status under 8 U.S.C.S. § 1255, jurisdiction was lacking under 8 U.S.C.S. § 1252(a)(2)(B) to review the alien's due process challenges, as due process did not extend to requests for discretionary relief.
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| Hughes v. Mitsubishi Motors N. Am., Inc., No. 06-1397,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2007, Decided
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Overview: Employer was properly granted summary judgment on employee's retaliatory discharge claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e-3(a) because supervisor against whom employee had accused previously of race discrimination and retaliation had no input into decision to fire employee for allegedly striking supervisor.
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| Jackson v. County of Racine, Nos. 05-4070, 05-4071 & 05-4072,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2007, Decided
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Overview: Grant of summary judgment to the employer on the employees' claims of Title VII sexual harassment was affirmed because, at the time the alleged incidents took place, the employer had a comprehensive anti-harassment policy in effect that plainly covered sexual harassment and the employer's investigation was thorough.
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| Miller v. Ill. Cent. R.R., Nos. 06-1909, 06-1910,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2007, Decided
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Overview: Where it was a jury question if the cost to the railroad of a precaution that would have averted driver's accident would have been less than the cost of an accident if it occurred discounted by the probability that it would occur, the railroad was negligent; district court's grant of summary judgment in favor of the railroad was reversed.
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| Old Ben Coal Co. v. OWCP, No. 06-2189,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2007, Decided
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Overview: Company and its parent company were liquidated in bankruptcy and the company had no successor. If the company had nothing to gain from winning a suit, it could not sue even if nonparties were paying a lawyer to defend the nonparties' interest in the outcome of the company's suit; company's suit to set aside a black lung award was dismissed.
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| Raygoza v. Hulick, No. 05-2340,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2007, Decided
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Overview: Where defendant had ten available alibi witnesses, most of whom were not related to him, but counsel made little effort to investigate his alibi, called only one of those witnesses at trial, and failed to offer telephone records that would have corroborated defendant's defense, he was granted habeas relief on the basis of ineffective assistance.
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| United States v. Al-Shahin, Nos. 05-2573 & 05-2589,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2007, Decided
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Overview: District court properly admitted testimony of defendants' purported attorney under crime/fraud exception to attorney-client privilege under Fed. R. Evid. 501 because facts provided sufficient circumstantial evidence that defendants were involved in fraudulent conduct to collect money from insurance company for staged automobile accident.
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| United States v. Angle, No. 05-2486,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2007, Decided
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Overview: Defendant's 300-month sentence for child pornography charges and soliciting sex with a minor was remanded, as the district court failed to make reliability findings as to the evidence used to justify the sentence and failed to explain why an adjustment under USSG § 2G2.2(b)(5) was not sufficient to account for defendant's conduct.
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