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| Das v. Gonzales, No. 06-2692,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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Overview: BIA's order denying alien's asylum application was vacated, and alien's case was remanded back for further proceedings, because country reports that government presented to rebut the presumption arising under 8 C.F.R. § 208.13(b)(1) did not unequivocally establish that the alien could avoid future religious persecution by relocating within India.
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| Parejko v. Dunn County Circuit Court, No. 06-1578,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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| Ross v. RJM Acquisitions Funding LLC, No. 06-2059,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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Overview: Debt collector was not liable under the FDCPA even though it sent two dunning letters in reference to a debt discharged in bankruptcy because the letters were sent due to an error regarding the debtor's name that could not have been detected with the collector's procedures, and the party primarily at fault for the confusion was the debtor herself.
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| Schmidt v. Canadian Nat'l Ry. Corp., No. 06-1846,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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Overview: Where isolated incidents of harassment were too insignificant, even if sexual in nature, to allow a reasonable inference that employee suffered a hostile work environment, and the alterations to his work schedule and changing of his duties were not materially adverse, dismissal of employee's Title VII action by summary judgment was affirmed.
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| Travelers Cas. & Sur. Co. of Am., Inc. v. Northwestern Mut. Life Ins. Co., No. 05-4134,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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Overview: Although an insurer could have established diversity jurisdiction over a life insurance company if a claim for a constructive trust over a life insurance policy that was purchased with embezzled funds had been successful, there was no basis for a constructive trust. A Cal. Com. Code § 3307 fiduciary duty claim against another company was untimely.
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| United States v. Beard, No. 06-2506,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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Overview: Defendant was not entitled to reversal of his sentence for drug-trafficking and weapons crimes because the district court did not clearly err by believing that a witness who testified as to drug amounts was credible overall despite his inability to recall specific dates some seven years after the events occurred.
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| United States v. Logan, No. 06-3287,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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Overview: Strip search of defendant at a police station following his arrest on drug charges did not violate the Fourth Amendment because defendant had drugs hidden in his car and his clothing, so it was reasonable for the officers to suspect that he was also hiding drugs in his body cavities; thus, his conviction under 21 U.S.C.S. § 841(a)(1) was affirmed.
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| United States v. Mansoori, Nos. 04-1950,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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Overview: Certain defendants were not entitled to de novo resentencing on remand from the court's prior decision because there was no plain error, but they were entitled to Paladino remands so that the district court could consider whether it might have sentenced them differently knowing that the U.S. Sentencing Guidelines were advisory rather than binding.
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| United States v. Newbern, No. 05-4709,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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Overview: Defendant's prior conviction for reckless discharge of a firearm in violation of 720 Ill. Comp. Stat. 5/24-1.5 was a crime of violence under U.S.S.G. § 4B1.2(a)(2), so defendant was properly sentenced as a career offender following his guilty plea to possession of crack with intent to distribute in violation of 21 U.S.C.S. § 841(a)(1).
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