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   Federal Courts - 7th Circuit Court of Appeals - January 27, 2006

  
Joseph v. Bd. of Regents of the Univ. of Wis. Sys., No. 05-1826, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 27, 2006, Decided
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Knudsen v. Liberty Mut. Ins. Co., No. 05-8037, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 27, 2006, Decided
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Overview: Although insurer remained as only defendant in an action filed by insureds who alleged that the insurer's medical services payments were too low, amendments insureds' made to their complaint after first remand were novel and as new case was commenced after effective date of Class Action Fairness Act of 2005, insurer could properly remove it.

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Tex. Indep. Producers & Royalty Owners Ass'n v. EPA, Nos. 03-3277, 03-3278, 03-3279, 03-3280 & 03-3281, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 27, 2006, Decided
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Overview: Organizations representing individuals in the oil and gas industries lacked standing to challenge a general permit for uncontaminated storm water discharges issued by the EPA under 33 U.S.C.S. § 1342, as the organizations' members were exempt from the challenged permitting requirements.

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United States v. Carrillo, Nos. 04-2195, 04-2196 & 04-2668, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 27, 2006, Decided
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Overview: Testimony from an informant and other evidence was sufficient to support drug conspiracy convictions, and severance was unwarranted where defenses were not mutually antagonistic. An ostrich instruction was properly given where there was evidence of deliberate ignorance by one defendant who allegedly transported drugs.

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United States v. Collins, No. 03-3886, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 27, 2006, Decided
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United States v. Nieves-Gonzalez, No. 04-3580, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 27, 2006, Decided
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United States v. Peters, No. 04-3913, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 27, 2006, Decided
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Overview: Defendant did not make an unambiguous request for an attorney when he stated: "I'd like to get to that part now," which referred to pretrial services; the ambiguous statement was not cured by the proximity to Miranda warnings since a significant period of time had elapsed between the warnings and the statement.

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