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| County of McHenry v. Ins. Co. of the West, No. 04-4223,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 24, 2006, Decided
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Overview: In a dispute over insurance coverage, where an insured failed to raise the issue of waiver in response to an insurer's motion to dismiss, a district court did not err by not considering the issue prior to dismissing the case and refusing to consider it in a subsequent Fed. R. Civ. P. 59(e) motion. Insured was on notice of the nature of the motion.
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| Dole v. Chandler, No. 05-1868,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 24, 2006, Decided
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Overview: Because the inmate took all steps necessary to exhaust one line of administrative review, and did not receive instructions on how to proceed once his attempts at review were foiled, in the factual context of the case, he had exhausted his administrative remedies under the PLRA.
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| Feng Lai Han v. Gonzales, No. 04-2712,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 24, 2006, Decided
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Overview: Petition for review was granted on denial of withholding and denial of CAT claims as an IJ never made an adverse credibility determination, and the IJ's decision little weight to give documents provided by a Chinese alien was error. Alien, if believable, was entitled to a presumption of persecution on the basis of his wife's prior forced abortion.
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| Haley v. Feinerman, No. 04-3823,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 24, 2006, Decided
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Overview: Prison doctors were properly granted summary judgment in an inmate's 42 U.S.C.S. § 1983 suit, which alleged that the doctors failed to property treat the inmate's broken arm in violation of the Eighth Amendment; the fact that corrective surgery was required eight months after the injury did not establish deliberate indifference by the doctors.
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| Morris v. O'Boyle, No. 04-2900,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 24, 2006, Decided
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Overview: District court properly granted summary judgment to employers on employee's Title VII and 42 U.S.C.S. § 1981 race and sex discrimination claims because employee failed present evidence of admission of prohibited animus or statements or conduct from which hostility could be inferred and he failed to identify similarly situated employee.
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| Sarkes Tarzian, Inc. v. U.S. Trust Co. of Fla. Sav. Bank, No. 05-3137,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 24, 2006, Decided
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Overview: District court properly denied company's Fed. R. Civ. P. 59(a), 60(b)(2), 60(b)(3), motion seeking new trial of its breach of contract suit. Company was essentially challenging prior appeals court rulings. Alleged newly discovered evidence was cumulative and immaterial; it did not establish that lawyer had authority to contractually bind defendant.
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| United States v. Reynoso-Reyes, No. 05-1934,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 24, 2006, Decided
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