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   Federal Courts - 7th Circuit Court of Appeals - February 2, 2007

  
Abbott Labs. v. Takeda Pharm. Co., No. 06-1835, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 2, 2007, Decided
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Overview: In this action for breach of a fiduciary duty, the judgment dismissing the suit was affirmed because there was no contention that plaintiff was coerced or deceived into agreeing to the clause as plaintiff proposed it to defendant and a claim of breach of contract arose from the contract and from the parties' conduct relating to the alleged breach.

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Apouviepseakoda v. Gonzales, No. 05-3752, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 2, 2007, Decided
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Overview: Alien was not denied reasonable opportunity to present evidence supporting her application under 8 U.S.C.S. § 1229a(b)(4) and 8 C.F.R. § 1240.1(c) because although she complained that IJ asked majority of questions at hearing, IJ's actions did not deprive hearing of fairness as they were designed to focus hearing and exclude irrelevant evidence.

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Camico Mut. Ins. Co. v. Citizens Bank, No. 06-2346, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 2, 2007, Decided
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Overview: Accounting firm was properly granted summary judgment on bank's accounting malpractice cross-claim against firm on ground that cross-claim was untimely because terms of tolling agreement between bank and firm were unambiguous, and only statute of limitations defenses and other defenses were tolled, not running of limitations period.

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United States v. Garcia, No. 06-2741, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 2, 2007, Decided
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Overview: Judgment convicting defendant of crimes relating to the manufacture of methamphetamine was affirmed because evidence obtained as a result of a tracking device attached to defendant's car should not have been suppressed as the fruit of an unconstitutional search; the device did not "seize" the car in any intelligible sense of the word.

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White v. HUD, No. 05-1252, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 2, 2007, Decided
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Overview: The court reversed the ALJ's decision as to petitioner's 42 U.S.C.S. § 3604(c) claim because immediately after learning that petitioner was an unmarried mother of two small children, the property owner told petitioner she would not rent to her. The property owner possessed no information whatsoever about petitioner's income or assets.

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