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| Repa v. Roadway Express, Inc., No. 06-2360,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 26, 2007, Decided
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Overview: Grant of summary judgment to the employee on the FMLA claim was affirmed; the court rejected the employer's argument that 29 C.F.R. § 825.207(d)(1) applied only to disability leave for the birth of a child and the employer waived its right to challenge the validity of § 825.207(d)(1) because it did not present this argument in the district court.
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| Smith v. Davis, No. 06-3052,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 26, 2007, Decided
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Overview: Appeals court stated, without substantive discussion, that seven of inmate's claims in § 1983 suit were properly dismissed under 28 U.S.C.S. § 1915A. Inmate did not show that he complied with 42 U.S.C.S. § 1997e(a) administrative exhaustion requirements as to his remaining confinement condition claims. His grievances were defective or not appealed.
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| Thomas v. Kalu, No. 06-3816,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 26, 2007, Decided
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Overview: Prison doctors were improperly granted judgment on the pleadings in a prisoner's § 1983 suit, as a letter that the prisoner submitted with his complaint did not establish that the prisoner failed to exhaust administrative remedies; the prisoner did not vouch for the truth of the letter and was not foreclosed from demonstrating exhaustion.
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| United States v. Whitehead, No. 06-2403,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 26, 2007, Decided
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Overview: Defendant's Fed. R. Crim. P. 35(b) motion for sentence reduction was properly denied because it was filed more than seven years after sentencing, and defendant forfeited claim R. 35(b)(2)'s exception to one-year deadline for filing motion applied because he failed to raise it and his submissions referred to information he knew before sentencing.
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| Varela v. United States, No. 05-2792,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 26, 2007, Decided
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Overview: Because the issue of the admissibilty of certain statements was before the district court and there were no changed circumstances warranting a reconsideration of the issue, district court found that defendant was procedurally barred from raising the issue of the statements' admissibility; denial of his 28 U.S.C.S. § 2255 motion was affirmed.
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| Macgregor v. Rutberg, No. 06-2829,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 27, 2007, Decided
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Overview: Neurosurgeon's defamation claim against an expert witness who had testified against the neurosurgeon in a malpractice suit was precluded by the absolute privilege for testimony in a judicial proceeding. The witness's alleged violation of a professional association's rules regarding expert testimony did not support a breach of contract claim.
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| Tax Track Sys. Corp. v. New Investor World, Inc., Nos. 05-2149 & 05-4287,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 27, 2007, Decided
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Overview: The grant of summary judgment to defendant on plaintiff's claim for breach of a confidentiality agreement was affirmed because leveraged life insurance was widely known and had been around for decades and the Gift Compression Techniques memo was distributed to 600-700 people and not stamped "Confidential."
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| United States v. Drake, No. 04-4240,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 27, 2007, Decided
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Overview: Defendant's Within-guidelines sentence was affirmed because district court stated on Paladino remand that it would have imposed same sentence under advisory guidelines, sentence was properly calculated and presumptively reasonable, and defendant did not argue that sentence was unreasonable when measured against 18 U.S.C.S. § 3553(a) factors.
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| United States v. Hill, No. 05-2157,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 27, 2007, Decided
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Overview: It would be frivolous for defendant to argue that evidence did not sustain verdicts on ground that government's witness lied as appellate court would not reweigh evidence or second-guess jury's credibility determinations, and fact that witness gave different stories before admitting she purchased gun for defendant did not make testimony incredible.
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