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   Federal Courts - 7th Circuit Court of Appeals - March 16 - March 17, 2006

  
Bowers v. Buss, No. 05-4368, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 16, 2006, Decided
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Cuna Mut. Ins. Soc'y v. Office & Prof'l Emples. Int'l Union, Local 39, Nos. 05-1021 & 05-1226, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 16, 2006, Decided
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Overview: In employer's action to vacate part of arbitration award finding employer violated CBA, employer challenged arbitrator's ruling on grounds it considered provisions of CBA not cited by union. Arbitrator's interpretive route was easy to follow and case law was clear, extensive, and readily available, so Fed. R. Civ. P. 11 sanctions were proper.

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Dechert v. Cadle Co., Nos. 04-4213, 05-1359, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 16, 2006, Decided
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Overview: In Fair Debt Collection Practices Act, 15 U.S.C.S. § 1692 et seq., action brought by bankruptcy trustee against company, district court's award of attorneys' fees and costs to trustee under 15 U.S.C.S. § 1692k(a)(3) was reversed because trustee was not prevailing party as he obtained neither a judgment nor a settlement.

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Dougherty v. Ind. Bell Tel. Co., No. 05-2066, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 16, 2006, Decided
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Overview: In plan participant's 29 U.S.C.S. § 1132 action, rational support existed for termination of accident benefits, including neighbors' reports that participant was very active and showed no signs of obvious injury, videotape showing her engaging in normal, every day activities, and physician's opinion that she was not disabled from employment.

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Cherry v. Auburn Gear, Inc., No. 05-3682, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 17, 2006, Decided
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Overview: An employer did not breach its agreements with retired employees by terminating insurance benefits for the retirees when the parties' collective bargaining agreement expired because the contractual language at issue was unambiguous and stated that benefits extended only so long as the collectively bargained insurance agreement remained in effect.

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Jones v. Patrick & Assocs. Detective Agency, Inc., No. 05-1493, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 17, 2006, Decided
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Overview: District court improperly granted summary judgment to a company in plaintiffs' 42 U.S.C.S. § 1983 action on the issue of respondeat superior because it was not beyond dispute that an employee of the company left his professional identity and position behind him when he assaulted plaintiffs.

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United States v. Dawson, Nos. 04-2557 and 04-2592, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 17, 2006, Decided
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United States v. Owens, No. 05-2397, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 17, 2006, Decided
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Overview: District court's sentence--five years' imprisonment for the commission of three separate bank robberies in a four-month period--along with a fair reading of the sentencing hearing transcript, showed that the district court took into consideration all matters in extenuation and mitigation and imposed a reasonable sentence on defendant.

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