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   Federal Courts - 7th Circuit Court of Appeals - March 21 - March 22, 2006

  
Barnett v. Ameren Corp., No. 05-1496, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 21, 2006, Decided
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Maher v. FDIC, No. 05-1701, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 21, 2006, Decided
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Overview: Since the FDIC's corporate liability was limited to the assets of a receivership, and since the receivership was terminated and without assets, there was no possible relief for the court to order for two executives of a failed bank against the FDIC in its corporate capacity; the court dismissed for lack of jurisdiction under U.S. Const. art. III.

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United States v. Connors, No. 04-3478, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 21, 2006, Decided
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Overview: Defendant's ex-wife's involvement in the investigation which resulted in his conviction under 18 U.S.C.S. § 545 and 50 U.S.C.S. app. §§ 5(b)(1), 16, did not violate the Fourth Amendment because the fact that the ex-wife was spying on defendant did not by itself amount to a constitutional violation, even if it was at the behest of the government.

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United States v. Smith, No. 05-2391, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 21, 2006, Decided
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Overview: Defendant's motion to suppress was properly denied because suppression was not appropriate remedy in circuit for violation of Fourth Amendment's knock-and-announce requirement, and regardless, requirement was satisfied when detective remained outside until defendant's fiancee "answered" door by acknowledging detective's presence and purpose.

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Fikri Redzeb Myumyun v. Gonzales, No. 05-1755, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2006, Decided
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Overview: IJ properly denied an alien's asylum application because it was not clear from the record that the alien was detained and beaten "on account of" his ethnicity rather than his disruptive behavior toward government officials.

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Gonzales-Gomez v. Achim, No. 05-2728, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2006, Decided
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Overview: Where an alien was convicted of cocaine possession, which was a felony under state law but would have been a misdemeanor under federal law, the alien was entitled to relief because the state-law felony was not an "aggravated felony" under 8 U.S.C.S. § 1101(a)(43) and 18 U.S.C.S. § 924(c).

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Meridian Sec. Ins. Co. v. Sadowski, No. 05-2855, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2006, Decided
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Overview: Insurer's declaratory judgment action should not have been dismissed for failure to show more than $75,000 in dispute because the suit was subject to dismissal only if the court could say for a legal certainty that the amount at risk was less than $75,000, which was not the case at the time this suit was filed.

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Sims v. Barnhart, No. 05-1507, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2006, Decided
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Overview: ALJ properly rejected claim that claimant was totally disabled by somatoform disorder, which caused tunnel vision, because results of medical tests conducted on claimant were not decisive on whether she really had a disabling somatoform disorder, and claimant failed to submit additional evidence, such as brain scan or psychiatric examination.

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Sims v. Barnhart, No. 05-1507, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2006, Decided
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Overview: There was substantial support for determination that SSDI claimant did not suffer from anxiety. ALJ rejected general practitioner's prognosis in favor of opinions of doctors specializing in psychology, claimant characterized prescription as one for sleep assistance, and evidence did not show she met 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.06.

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Wilson v. McRae's, Inc., No. 05-3854, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2006, Decided
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