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   Federal Courts - 7th Circuit Court of Appeals - April 10, 2007

  
Adkins v. Astrue, No. 06-1476, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 10, 2007, Decided
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Overview: The denial of an application for benefits under the Social Security Act was affirmed because the claimant's IQ test scores were inconsistent with other evidence of his cognitive stability and the claimant failed to demonstrate significantly subaverage general intellectual functioning nor deficits in his adaptive functioning prior to age twenty-two.

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Bombaci v. Journal Cmty. Publ'g Group, Inc., No. 06-2222, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 10, 2007, Decided
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Overview: The grant of summary judgment to the employer on the employee's Title VII sexual harassment claim was reversed because a manager allegedly passed off the important reporting responsibility to a lower-level worker with no authority to remedy sexual harassment, and did not speak with the employee to make sure that the problem was being addressed.

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Daniels v. Knight, No. 05-2620, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 10, 2007, Decided
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Farmers Auto. Ins. Ass'n v. St. Paul Mercury Ins. Co., No. 06-2810, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 10, 2007, Decided
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Overview: Insurer was properly granted summary judgment in employer's wrongful denial of benefits suit. Exclusion in employment practices liability policy, which excluded coverage for violations of Fair Labor Standards Act and "similar" state provisions, clearly applied to class action claims brought against the employer under 820 Ill. Comp. Stat. 105/4a(1).

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Gwin v. Am. River Transp. Co., No. 06-2900, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 10, 2007, Decided
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Overview: District court properly entered judgment for fired tow-boat operator on his 46 U.S.C.S. § 2114(a)(1)(B) wrongful termination claim. Evidence showed that employer had implicitly ordered operator to perform duties that operator believed were unsafe. Section 2114(b) superseded Fed. R. Civ. P. 54(d). Employer's claims for costs should be reconsidered.

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Jacobs v. Frank, No. 06-3478, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 10, 2007, Decided
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Twitty v. McCoskey, No. 06-1675, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 10, 2007, Decided
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United States v. Palivos, Nos. 05-4258 & 05-4329, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 10, 2007, Decided
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Overview: Defendant attorney, who was convicted of conspiracy to obstruct justice, failed to show that the government misled a witness into testifying against the attorney in connection with a loan fraud scheme. However, defendant loan broker was improperly convicted under 26 U.S.C.S. § 7206(2), as it was not shown that a false tax return had been filed.

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Whitener v. Finnan, No. 06-2888, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 10, 2007, Decided
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