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| Makor Issues & Rights, Ltd. v. Tellabs, Inc., No. 04-1687,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2006, Decided
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Overview: Stockholder's allegations against a company CEO, taken as a whole, pled sufficient facts from which a reasonable person could infer that he knowingly made false statements about his company's status and products, and therefore, the stockholder's complaint was sufficient to meet the heightened pleading requirements of 15 U.S.C.S. 78u-4(b).
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| Native Am. Arts, Inc. v. Hartford Cas. Ins. Co., Nos. 04-3861 & 04-3862,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2006, Decided
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Overview: While the underlying lawsuit adequately alleged that the insured's advertisements were harmful, that harm allegedly occurred as a result of the insured's false representations about the authenticity of its products. Since its insurance did not extend to this type of claim, the district court was correct to grant summary judgment to the insurer.
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| United States v. Chamness, No. 05-1902,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2006, Decided
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Overview: Where a defendant pled guilty to attempting to manufacture methamphetamine, the district court did not err in applying a three-level enhancement pursuant to U.S. Sentencing Guidelines Manual § 2D1.1(b)(6)(B) because the record supported that defendant's laboratory placed numerous people at substantial risk of serious harm.
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| United States v. Rose, No. 03-4230,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2006, Decided
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Overview: In a post-Booker remand to reconsider a sentence under advisory sentencing guidelines, the district court did not err by failing to hold a hearing or failing to explain its reasons not to do so. The parties' written submissions provided the court with information sufficient to enable the court to make its determination.
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| United States v. Shurn, No. 05-2780,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 25, 2006, Decided
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Overview: Defendant's appeal of sentence was dismissed because any argument about reasonableness of sentence would be frivolous as concurrent sentence on robbery and conspiracy counts was near bottom of properly calculated guideline range and, thus, presumptively reasonable, and defendant identified no 18 U.S.C.S. § 3553(a) factor to support lower sentence.
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