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| Kathrein v. Monar, No. 06-2294,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 6, 2007, Decided
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Overview: District court did not abuse its discretion when it granted sanctions to defendant under Fed. R. Civ. P. 11(b)(11) because in district court, plaintiff did not deny making statement to defendant's attorneys that he initiated suit to increase defendant's legal fees, but amount was unreasonable, so case was remanded to reconsider amount of sanction.
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| United States v. Hawpetoss, No. 05-4211,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 6, 2007, Decided
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Overview: Evidence of defendant's uncharged sexual misconduct with minors other than the alleged victims was properly admitted under Fed. R. Evid. 413 and 414 at defendant's trial for commission or attempted commission of sexual offenses against minors; admissibility of such evidence under Fed. R. Evid. 403 was not subject to a rigid five-factor test.
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| Beler v. Blatt, Hasenmiller, Leibsker & Moore, LLC, No. 06-2707,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 7, 2007, Decided
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Overview: 15 U.S.C.S. § 1692e of the FDCPA did not require a state court complaint against a judgment debtor to have been stated in plain English. Nor did 15 U.S.C.S. § 1692f serve as an enforcement mechanism for the asset exemption under 42 U.S.C.S. § 407(a) or require a hearing prior to a citation to discover assets under 735 Ill. Comp. Stat. 5/2-1402.
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| Edwards v. Snyder, No. 04-2458,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 7, 2007, Decided
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Overview: The judgment dismissing an inmate's 42 U.S.C.S. § 1983 claim for deliberate indifference in violation of the Eighth Amendment as frivolous was reversed because the physicians reviewing the inmate's grievance did not address the delayed treatment, instead focusing on the adequacy of the treatment he eventually received.
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| Mackenzie v. Potter, No. 06-2599,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 7, 2007, Decided
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Overview: Employer was not strictly liable under Title VII of the Civil Rights Act for a supervisor's sexual harassment of a former employee because no adverse employment action was taken against the employee, and the employer established an affirmative defense where its response was adequate and the employee waited seven months to report the harassment.
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| Skinner v. Astrue, No. 05-4094,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 7, 2007, Decided
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Overview: Social Security Supplemental Security Income claimant was properly denied benefits based on symptoms related to diabetes and hypertension; a failure to obtain a valid waiver of the claimant's right to counsel under 42 U.S.C.S. § 406 was harmless, and substantial evidence supported an ALJ's finding that the claimant's impairments were not severe.
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| United States v. Brannon, No. 05-3117,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 7, 2007, Decided
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Overview: Defendant's conviction for being a felon in possession of ammunition, a violation of 18 U.S.C.S. § 922(g)(1), was affirmed because occupancy of home alone established constructive possession of ammunition found there, and joint possession of dresser in which ammunition was found did not preclude his constructive possession of ammunition.
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| United States v. Gutierrez, No. 06-2006,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 7, 2007, Decided
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Overview: Defendant's motion to suppress evidence was properly denied because a reasonable person in defendant's circumstances would have felt free to terminate the encounter based on agents' testimony that they approached defendant's apartment while the sun was still out, gave no commands, did not draw their guns, and applied no pressure to gain entry.
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| United States v. Yang, Nos. 06-3017 & 06-3095,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 7, 2007, Decided
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Overview: Use of notebooks that contained defendants' financial records as evidence in a tax fraud case did not violate the Fourth Amendment; one defendant allowed police to take the notebooks to be processed for fingerprints following a burglary and also gave police permission to copy the contents, so there was no subjective expectation of privacy.
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