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   Federal Courts - 7th Circuit Court of Appeals - March 2 - March 5, 2007

  
Bhd. of Maint. of Way Emples. v. CSX Transp., Inc., No. 06-2744, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 2, 2007, Decided
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Overview: Railway Labor Act (RLA), 45 U.S.C.S. § 152, Seventh, precluded railroad carriers from unilaterally imposing policies that required employees to substitute paid leave for FMLA leave; although 29 U.S.C.S. § 2612 of the FMLA allowed employers to require substitution, § 2612 did not abrogate rights protected by the RLA.

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Djellouli v. Gonzales, No. 06-2028, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 2, 2007, Decided
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Overview: Alien's petition for review of the denial of withholding of removal under 8 U.S.C.S. § 1231 was denied because the only harm that he personally suffered was a threat made by alleged terrorists who visited his house, and unfulfilled threats did not qualify as persecution; the rest of the IJ's holdings were also supported by substantial evidence.

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United States v. Marshall, No. 06-2393, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 2, 2007, Decided
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Overview: Where trial court analyzed the 18 U.S.C.S. § 3553(a) factors and found aggravating factors in defendant's case, including defendant's arrogance and dishonesty throughout the proceedings, her willingness to perjure herself at trial, her lack of remorse, and her attempts to blame others for her conduct, trial court's sentence was not unreasonable.

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United States v. Tedder, No. 05-4448, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 2, 2007, Decided
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Overview: A district court did not abuse its discretion when, upon remand, it sentenced defendant to 60 months' imprisonment for conspiracy to commit money laundering; defendant knew that a sentence above the 37 to 46 months' imprisonment was a possibility, and the district court found a high risk of recidivism.

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Abbott Labs. v. Baxter Int'l, No. 06-3799, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 5, 2007, Decided
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Overview: By contacting customers and negotiating future deliveries, a competitor did not violate arbitration award that prohibited it from marketing an anesthetic during the term of a patent and licenses. Order was ambiguous in that it could mean no promoting or no deliveries, and customers were entitled to know that competitor could deliver in the future.

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Moran Foods, Inc. v. Mid-Atlantic Mkt. Dev. Co., LLC, Nos. 05-3656, 05-3735, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 5, 2007, Decided
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Peters v. Astrazeneca LP, No. 06-2930, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 5, 2007, Decided
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Overview: Summary judgment in favor of defendants on an inmate's strict liability and negligence claims arising out of his use of an over-the-counter drug was proper because he failed to offer expert testimony that the drug caused his injuries; evidence he presented showed correlation between the drug use and taste loss, which was not evidence of causation.

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United States v. Harris, No. 06-1630, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 5, 2007, Decided
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Overview: The denial of defendant's motion to suppress was affirmed because as defendant walked across the muddy yard, he continuously looked over his shoulder at the cruiser and kept his hands in his pockets, the detention only minimally intruded on defendant's privacy, and the officer had reason to believe defendant may be armed and dangerous.

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