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| Dollie's Playhouse, Inc. v. Nable Excavating, Inc. (In re Dollie's Playhouse, Inc.), No. 06-2687,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 9, 2007, Decided
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Overview: Debtor's breach of fiduciary duty and conversion claims against company owned by co-owner of debtor were barred under res judicata pursuant to 28 U.S.C.S. § 1738 because debtor was trying to reargue who rightfully controlled land and money at dispute, an issue already determined by state courts in prior breach of contract action between parties.
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| In re ABC-Naco, Inc., No. 06-1719,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 9, 2007, Decided
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Overview: District court properly determined that four payments made to creditor pursuant to debtor's computer software and equipment purchase agreement were avoidable preferential transfers under 11 U.S.C.S. § 547(b). The § 547(c)(4) new value exception did not apply to payments. The bankruptcy court had not approved assignment of agreement to third party.
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| Krueger Int'l, Inc. v. Royal Indem. Co., No. 06-2611,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 9, 2007, Decided
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Overview: In an action brought by insured alleging that its liability insurer was obligated to indemnify it for state court judgment entered against it in suit by former employees, insurer was properly granted summary judgment because there was neither breach of oral employment agreement nor misrepresentation, and thus, there was no insurable act.
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| Marseilles Hydro Power LLC v. Marseilles Land & Water Co., Nos. 05-2394, 06-1481, 06-2456,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 9, 2007, Decided
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Overview: Water company's request for relief, arising from settlement agreement with one third party defendant, was denied. Settling parties waived their right to challenge district court's summary judgment order. Law of case doctrine would not prevent appeals court from reviewing statute of limitations ruling with regard to remaining third party defendants.
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| Phason v. Meridian Rail Corp., No. 06-2842,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 9, 2007, Decided
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| United States v. Hendrix, No. 05-3644,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 9, 2007, Decided
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Overview: Recorded conversations between informant and defendant, covert behavior, defendant's reference to something wrapped in napkin, observation of informant retrieving something white from area where defendant had sat, and recovery of napkin and cocaine supported reasonable inference that defendant distributed cocaine, so his conviction was affirmed.
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| United States v. Sriram, Nos. 05-2752, 05-2802,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 9, 2007, Decided
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Overview: "Absurdly light" sentence of probation imposed on defendant, after he pleaded guilty to health care and tax fraud offenses, was vacated. District court significantly underestimated fraud-related losses, which resulted in erroneous sentencing guidelines calculation. Court also considered mitigating factors not recognized under 18 U.S.C.S. § 3553(a).
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