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| Hague v. Thompson Distrib. Co., No. 05-1654,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 7, 2006, Decided
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Overview: Summary judgment was properly granted to an African American employer in a racial discrimination case brought by terminated Caucasian employees under 42 U.S.C.S. § 1981 because the employees failed to present pretext evidence that the employer did not honestly believe the reasons it stated for the employees' terminations.
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| Kathrein v. McGrath, No. 05-2833, Nos. 05-2907 & 05-3523,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 7, 2006, Decided
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Overview: District court properly dismissed a website creator's fraud claim against a computer expert as the creator, under Illinois law, lacked standing to challenge the bill between the expert and the consultant that hired the expert. The dismissal of the creator's remaining claims was affirmed as they were not preserved or else asserted on appeal.
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| United States v. Vallery, No. 05-2251,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 7, 2006, Decided
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Overview: Simple assault provision in 18 U.S.C.S. § 111(a) applied to all conduct prohibited by § 111(a)(1), not merely to assaults; therefore, defendant was properly sentenced for a misdemeanor where physical contact was not explicitly or implicitly charged in an indictment relating to an incident in a prison.
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| Barnett v. Ameren Corp., No. 05-1496,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 8, 2006, Decided
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Overview: Retired employees and their spouses were not entitled to lifetime health benefits under the terms of several collective bargaining agreements because there were no ambiguities in the contract; there were no patent ambiguities in the contract as to terms "vested" and "vesting" where the contract limited benefits to the term of the agreement.
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| Colley v. United States, No. 05-3853,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 8, 2006, Decided
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| United States v. Boscarino, No. 05-2657,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 8, 2006, Decided
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Overview: Defendant was properly convicted of mail fraud and money laundering, arising from scheme to deprive insurance agency of its profits and a manager's honest service. Mail fraud was money laundering predicate offense. Sentence was not unreasonably disparate under 18 U.S.C.S. § 3553(a)(6) just because cooperating co-defendant received lesser sentence.
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| United States v. Gouge, No. 05-1044,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 8, 2006, Decided
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Overview: Sentence of 78 months' imprisonment imposed on distributing cocaine base conviction was not unreasonable on ground USSG § 2D1.1(c)(4)'s regime of punishing distribution of 1 gram of crack commensurate with distribution of 100 grams of powered cocaine was itself unreasonable. Crack/powder differential routinely had been found to be constitutional.
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