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   Federal Courts - 7th Circuit Court of Appeals - April 11 - April 13, 2007

  
Heath v. City of Harvey, No. 05-4147, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 11, 2007, Decided
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Overview: Property owners, in a conspiracy and retaliation suit against a city and former officials, waived an argument that the district court should have sua sponte stayed a summary judgment ruling while a motion to disqualify the owners' counsel was pending; the owners failed to cite legal authority and failed to timely raise the argument.

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Hoosier Care, Inc. v. Chertoff, No. 06-3562, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 11, 2007, Decided
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Overview: In rejecting residential care facility's petition to classify two aliens as eligible for "employer-based" immigration pursuant to 8 U.S.C.S. §§ 1153(b)(3)(A)(i), 1182(a)(5)(A)(i), DHS improperly inquired into training requirements for positions sought to be filled, which was a matter for the Department of Labor, so action was returned to DHS .

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Scaffidi v. Fiserv, Inc., No. 06-3123, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 11, 2007, Decided
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United States v. Kurschner, No. 06-3985, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 11, 2007, Decided
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Overview: Defendant's appointed counsel was permitted to withdraw from defendant's appeal of his conviction for violating 18 U.S.C.S. § 2314 because there was not a nonfrivolous basis for appeal. For example, defendant's objection to the loss amount used for sentencing was waived because he withdrew his objection at sentencing.

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Young v. United States, No. 06-2591, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 11, 2007, Decided
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Ray v. Citigroup Global Mkts., No. 05-4362, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 12, 2007, Decided
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Overview: Summary judgment was properly entered against investors as to their S.E.C. Rule 10b-5 and 15 U.S.C.S. §§ 78j(b), 78t(a), claims. Genuine factual dispute did not exist as to loss causation, which was required element of investors' claims. The investors did not present evidence linking advisor's alleged misrepresentations with stock's drop in value.

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Anderson v. Hulick, No. 06-3655, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 13, 2007, Decided
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Fonseca-Sanchez v. Gonzales, No. 06-2387, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 13, 2007, Decided
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Overview: Federal appellate court lacked jurisdiction over an alien's petition for review of an administrative denial of her petition for interim "U" visa relief because she failed to exhaust her administrative remedies. Moreover, there was no basis in 8 U.S.C.S. § 1252 for the court to exercise jurisdiction over the denial of the interim "U" visa petition.

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Graham v. Borgen, No. 04-4103, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 13, 2007, Decided
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Overview: The denial of an inmate's petition for a writ of habeas corpus was affirmed because the inmate's petition was not timely filed; the inmate waited almost twelve years after sentencing and then filed a motion to modify his sentence pursuant to Wis. Stat. § 974.06, entitled "Postconviction procedure."

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United States v. Doxy, Nos. 06-1659 & 06-2931, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 13, 2007, Decided
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Overview: Police search of defendants and their car did not violate the Fourth Amendment because police were conducting a valid investigative stop and, while the initial purpose for the stop had concluded, an officer's detection of a marijuana smell was enough to justify resuming the stop; the court had no reason to doubt the officer's credibility.

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