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   Federal Courts - 7th Circuit Court of Appeals - March 31 - April 3, 2006

  
Aurora Loan Servs. v. Craddieth, No. 05-1858, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 31, 2006, Decided
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Overview: District court improperly denied motion to intervene in mortgage foreclosure action filed by high bidder at foreclosure sale (buyer) because buyer had legally protected interest in property and, thus, had U.S. Const. art. III standing to intervene under Fed. R. Civ. P. 24(a)(2), and fact that it nondiverse party did not defeat jurisdiction.

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Goodwin v. Bd. of Trs. of the Univ. of Ill., No. 05-2961, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 31, 2006, Decided
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Overview: Summary judgment in favor of defendants against the university employee's Title VII and § 1983 claims of race and sex discrimination was reversed. The employee created a material issue of fact as to whether the vulgar e-mail incident and a worker's allegation that the employee threatened the worker were pretextual reasons for her demotion.

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In re Ericson, No. 04-4337, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 31, 2006, Decided
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Overview: District court acted within its discretion in dismissing debtor's appeal for failure to prosecute where her misbehavior in bankruptcy court was well-documented, and, because debtor knew her mail service was imperfect and court would have soon ruled, she should have frequently checked in with court in case its order could not have been delivered.

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Mattenson v. Baxter Healthcare Corp., Nos. 04-4270 and 04-4331, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 31, 2006, Decided
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United Retired Pilots Ben. Prot. Ass'n v. United Airlines, Inc. (In re Ual Corp.), No. 05-3121, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 31, 2006, Decided
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Overview: Bankruptcy judge did not err in approving agreement between airline debtor and union that modified collective bargaining agreement under 11 U.S.C.S. § 363(b)(1) without considering retired pilots' interest because if debtor thought retired pilots worth buying off, it would have offered them something for a "no fight" clause.

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United States v. Best, No. 04-1324, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 31, 2006, Decided
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Overview: Life sentence, properly calculated under the guidelines, was reasonable given the district court's determination, on limited remand, that defendant was a repeat offender, he possessed weapons in furtherance of his distribution scheme, and the significant quantities of crack cocaine he supplied contributed to the serious nature of his offenses.

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United States v. Watkins, Nos. 05-1988 & 05-1989, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 31, 2006, Decided
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Overview: Officer's comments about defendant's physique and a car chase were not the type of comments that an objective observer would expect to prompt defendant to make incriminating statements. Thus, defendant was not interrogated after he invoked his Fifth Amendment right to remain silent.

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United States v. Markovitch, No. 05-3296, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 3, 2006, Decided
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Overview: District court properly enhanced defendant's sentence under USSG § 2K2.1(b)(5) for possession of a firearm in connection with another felony, drug trafficking, because district court made reasonable inference that handgun in defendant's waistband was connected to drugs and scale in his pockets, which were indicative of drug trafficking.

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