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| Cadleway Props. v. Ossian State Bank, No. 06-2033,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 15, 2007, Decided
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Overview: Creditor's appeal from district court's Fed. R. Civ. P. 54(b) judgment that bank was beneficiary of guaranty was dismissed because creditor and bank were parties to other aspects of litigation and dispute was not so discrete that appeal would not lead to duplicate appellate proceedings as district court had not decided if guarantor owed money.
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| Duncan v. Fapso, No. 06-1744,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 15, 2007, Decided
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Overview: District court properly granted summary judgment to a police officer in an arrestee's 42 U.S.C.S. § 1983 case because the police officer had probable cause to make an arrest for criminal trespass before he initiated a search of the arrestee and found a crack pipe. The search could be sustained as one incident to an arrest for the trespass offense.
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| Ligas v. Maram, No. 06-1327,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 15, 2007, Decided
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Overview: District court did not abuse its discretion in denying Fed. R. Civ. P. 24(a), (b)(2), motion. Proposed intervenors mischaracterized relief being sought in suit, which challenged failure to provide enough community-based care to developmentally disabled persons. Parties could adequately represent interest of persons who preferred institutional care.
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| Shmyhelskyy v. Gonzales, No. 06-1550,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 15, 2007, Decided
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Overview: Alien was not entitled to reversal of a decision denying asylum and other relief because the record supported the IJ's finding that the alien failed to show that he met the definition of a refugee under 8 U.S.C.S. § 1101; his testimony was vague and unconvincing and his corroborating evidence was insufficient to overcome his lack of credibility.
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| Stalcup v. Peabody Coal Co., No. 06-1250,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 15, 2007, Decided
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Overview: Benefits Review Board's affirmance of ALJ's denial of miner's request for pneumoconiosis benefits under Black Lung Benefits Act was vacated because ALJ based its decision on which side had more medical opinions in its favor and did not explain why medical opinions finding no disability were more persuasive than opinions finding total disability.
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| United States v. Kaiser, No. 06-3027,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 15, 2007, Decided
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Overview: Counsel's motion to withdraw was granted and defendant's appeal was dismissed because (1) defendant did not wish to withdraw his guilty plea, so counsel could not challenge the plea; (2) appeal waiver stood or fell with guilty plea, so defendant was necessarily bound by his guilty plea; and (3) sentence fell within guidelines range.
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| United States v. LePage, No. 06-1881,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 15, 2007, Decided
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Overview: Defendant's conviction for being a felon in possession of a firearm and his sentence were affirmed; the decision by the district court not to suppress the shotgun as evidence was correct because the informant gave her name and location to the police and the police were able to corroborate some of the information provided by the informant.
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| Wojtas v. Capital Guardian Trust Co., No. 05-4248,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 15, 2007, Decided
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Overview: A district court did not abuse its discretion in denying a Fed. R. Civ. P. 41(a)(2) dismissal motion. Defendant would suffer legal prejudice if motion was granted and suit was refiled in Illinois. Under Wis. Stat. § 893.05, expiration of statute of limitations extinguished plaintiffs' right to assert breach of fiduciary duty and negligence claims.
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| Zeidler v. A&W Rests., Inc., No. 06-3319,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 15, 2007, Decided
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Overview: The grant of summary judgment to the franchisor was affirmed because the franchisee's prolonged failure to reopen his restaurant despite the franchisor's warnings that the closure breached the agreement precluded his wrongful termination claim under the Illinois Franchise Disclosure Act.
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