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   Federal Courts - 7th Circuit Court of Appeals - February 22 - February 23, 2007

  
Barrows v. Wiley, No. 06-1582, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 22, 2007, Decided
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Overview: State university was properly awarded summary judgment on an employee's Fourteenth Amendment due process claim, as the employee did not show that he was entitled to immediate placement in a backup position after removal from a higher-salaried position or that forcing him to use leave time caused him economic harm.

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Foryoh v. Hannah-Porter, No. 06-2388, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 22, 2007, Decided
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Hall v. Astrue, No. 06-2368, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 22, 2007, Decided
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Overview: ALJ sufficiently considered the medical evidence, including reports from a treating therapist and psychologist, in denying an applicant's request for Social Security disability benefits based on post-traumatic stress disorder and anxiety disorder. Remand under 42 U.S.C.S. § 405(g) to consider an additional psychiatric examination was unwarranted.

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Malone v. Am. Friends Serv. Comm., No. 06-2736, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 22, 2007, Decided
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Republic Tobacco Co. v. N. Atl. Trading Co., No. 05-3634, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 22, 2007, Decided
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Overview: District court improperly awarded defendants' post-trial, pre-appeal costs under Fed. R. Civ. P. 54(d) because they were not the prevailing party in district court; plaintiff prevailed, notwithstanding defendants' successful post-trial motion to reduce the jury award, because the district court entered a judgment in its favor.

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United States v. Jordan, No. 06-2943, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 22, 2007, Decided
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United States v. Saldivar-Murillo, No. 06-3398, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 22, 2007, Decided
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Overview: Any challenge to the reasonableness of defendant's sentence would be frivolous because at sentencing, the district court noted defendant's impaired mental health along with the factors specifically enumerated in 18 U.S.C.S. § 3553(a) before ultimately sentencing defendant to six months below the lowest end of the applicable guidelines range.

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United States v. Washington, No. 06-1871, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 22, 2007, Decided
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Overview: Defendant, who pleaded guilty to drug possession and distribution charges, had no nonfrivolous basis for appeal. Defendant's offense level was properly increased under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) based on discovery of a handgun and drugs in his home, and he had no viable challenge to the reasonableness of his sentence.

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Acharya v. Comm'r, No. 06-3377, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 23, 2007, Decided
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Overview: Tax court properly found that taxpayers' claimed net loss attributable to buying selling stock constituted short-term capital losses, which could be deducted only up to $ 3,000 annually under 26 U.S.C.S. § 1211(b)(1), because taxpayers were not licensed brokers and traded in securities only to make money from capital appreciation.

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Lerch v. City of Green Bay, No. 06-3046, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 23, 2007, Decided
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Overview: City and building inspectors were properly granted summary judgment in property owner's § 1983 "class of one" equal protection action arising out of enforcement of housing code against him because owner offered no proof that owners of properties who were not cited for housing code violations were similarly situated to him in all relevant respects.

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