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   Federal Courts - 7th Circuit Court of Appeals - March 16 - March 19, 2007

  
Gillespie v. Trans Union Corp., No. 06-2576, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 16, 2007, Decided
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Overview: Summary judgment was properly entered for consumer reporting agency in consumers' FCRA suit. Agency did not violate 15 U.S.C.S. § 1681g(a)(1) by failing to disclose "purge dates" attached to negative information in consumers' files. "File," as used in § 1681g(a)(1), encompassed only information that agency disclosed to third parties from the files.

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Sharashidze v. Gonzales, No. 06-2661, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 16, 2007, Decided
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Overview: Asylee's conviction for indecent solicitation of sex act, in violation of 720 Ill. Comp. Stat. Ann. 5/11-14.1, constituted an aggravated felony under 8 U.S.C.S. § 1227(a)(2)(A)(iii) when the complaint indicated that the victim was a minor, and asylee failed to exhaust his due process claim, precluding judicial review under 8 U.S.C.S. § 1252(d)(1).

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United States v. Gibson, No. 05-4327, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 16, 2007, Decided
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United States v. Gibson, No. 05-4327, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 16, 2007, Decided
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Overview: District court properly reinstated conspiracy to commit money laundering and mail and wire fraud charges under 18 U.S.C.S. §§ 1956(h), 1341, 1343, after defendant's guilty plea was vacated. 18 U.S.C.S. § 3290 applied to toll the 18 U.S.C.S. § 3282 five year limitations period, and original charges could be reinstated pursuant to 18 U.S.C.S. § 3296.

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United States v. Wilson, Nos. 04-1594, 04-1595, 04-1763, 04-1999 & 05-2668, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 16, 2007, Decided
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Overview: In a drug conspiracy case, the government's failure to disclose evidence that could have been used to impeach a government witness did not require a new trial given that substantial evidence corroborated the witness's testimony. Two defendants were entitled to a limited remand to review their sentences under the advisory U.S. Sentencing Guidelines.

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Baptist v. City of Kankakee, No. 05-4034, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 19, 2007, Decided
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Overview: The district court's judgment denying the employees' motion to vacate the agreed judgment order was affirmed because the employees were represented by independent counsel when they agreed to settle their Title VII claims and the employees unquestionably received value in exchange for the settlement of their claims.

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Fairley v. Fermaint, No. 06-2411, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 19, 2007, Decided
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United States v. Gibson, No. 05-4327, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 19, 2007, Decided
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Williams Elecs. Games, Inc. v. Garrity, Nos. 05-4006, 05-4010, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 19, 2007, Decided
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Overview: District court did not abuse its discretion when it declined to exercise supplemental jurisdiction over plaintiffs' remanded state law fraud claim. Although presumption in favor of dismissing fraud claim under 28 U.S.C.S. § 1367(c)(3) did not apply because several federal claims went to trial, fraud claim was properly dismissed under § 1367(c)(1).

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