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| Baker v. Potter, No. 05-3713,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 7, 2006, Decided
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Overview: Postal employee's Title VII claim against Post Office for breach of settlement agreement was barred due to claim preclusion because first action was between same parties as present case and proceeded to final judgment affirmed on appeal and employee had chance in prior case to argue that release was unenforceable due to breach but did not.
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| Bradley v. Barnhart, No. 05-2719,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 7, 2006, Decided
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Overview: Claimant's application for Social Security disability benefits under 42 U.S.C.S. §§ 416(i) and 423 was properly denied; an ALJ did not err in discounting medical evidence offered by the claimant, in finding that the claimant had exaggerated claims of pain and depression, or in adopting a vocational expert's definition of "low-stress" work.
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| Countrywide Home Loans Inc. v. Jeffries, No. 05-1753,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 7, 2006, Decided
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Overview: District court's confirmation of sale of mortgagor's property was affirmed because district court held hearing and found that "good cause" to invalidate sale under 735 Ill. Comp. Stat. 5/15-1508(d) was lacking because mortgagor did not have sufficient means to bid on property at sale, and mortgagor did not challenge that finding.
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| In re Catuara, No. 05-2801,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 7, 2006, Decided
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Overview: Because debtor's emergency motion to reinstate first Chapter 13 case was really one for relief under Fed. R. Civ. P. 60(b) (as incorporated by Fed. R. Bankr. P. 9024), it was properly denied; if debtor wanted to challenge the time allowed for objections as insufficient, he should have appealed the dismissal of his case.
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| TIG Ins. Co. v. Giffin Winning Cohen & Bodewes, P.C., Nos. 05-2203 & 05-2447,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 7, 2006, Decided
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Overview: In an attorney malpractice action filed plaintiff liability insurer, the legal fees paid by the liability insurer to a second law firm in the amount of $ 1.2 million for defending a discovery sanctions motion filed against defendant lawyers (who first represented the insured) was not reasonably foreseeable as a matter of law.
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| United States v. Angulo-Hernandez, No. 05-1751,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 7, 2006, Decided
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Overview: Defendant's appeal from perjury conviction under 18 U.S.C.S. § 1623 was dismissed because sufficiency of evidence challenge was frivolous as he admitted making inconsistent statements alleged in indictment and did not claim that statement at plea colloquy about drug deal with codefendant could be squared with denial of same at codefendant's trial.
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| United States v. Ikner, No. 05-1591,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 7, 2006, Decided
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Overview: Defendant's statutory minimum sentence under 21 U.S.C.S. § 841(b)(1)(B) was vacated because district court erred in concluding that it could not adjust sentence below statutory minimum to account for time he served on related, discharged state sentence under U.S. Sentencing Guidelines Manual § 5G1.3.
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| United States v. Pisman, Nos. 05-1625 & 05-1899,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 7, 2006, Decided
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Overview: Conviction under 18 U.S.C.S. § 2422(b) was affirmed although defendant's liability was premised on a conspiracy of which he was acquitted; the mere fact of inconsistent verdicts did not provide basis for an acquittal. Resentencing was ordered due to improper application of 18 U.S.C.S. § 3553(a) mandate regarding unwarranted sentencing disparities.
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| United States v. Reed, No. 04-3662,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 7, 2006, Decided
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Overview: Existence of a large sum of money and the manner of its concealment (in the floorboards of a horse trailer) were relevant to support the police officers' reasonable belief that defendant was involved in criminal activity. Despite the presence of horses in the trailer, defendant and the other men could not explain where the horses were acquired.
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