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| Bevolo v. Carter, No. 04-4220,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 20, 2006, Decided
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Overview: Where the participant willingly attended a martial arts banquet, and there was no evidence that a martial arts master was behaving recklessly when the participant was injured the contact sports exception to negligence applied and the participant's personal injury claims properly failed to survive summary judgment.
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| Crouch v. Whirlpool Corp., No. 05-3105,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 20, 2006, Decided
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Overview: A former employer was properly granted summary judgment as to a terminated employee's FMLA violation claim. No material factual dispute existed as to whether the employer had honest suspicion regarding employee's violation of its disability leave policies. That honest suspicion foreclosed the employee's claim that his termination violated the FMLA.
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| Pourghoraishi v. Flying J, Inc., No. 05-1107,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 20, 2006, Decided
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Overview: Although summary judgment was properly entered against arrestee as to his § 1981 violation claim, because arrestee did not show that gas station manager knew he was Iranian when alleged retail discrimination occurred, summary judgment should not have been entered for police officer and city with regard to arrestee's § 1983 wrongful arrest claims.
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| Sharpe v. Village of Fox Lake, No. 05-2980,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 20, 2006, Decided
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Overview: Employee failed to show that district court abused its discretion when it dismissed her Title VII employment discrimination complaint with prejudice pursuant to Fed. R. Civ. P. 37(b)(2)(C). District court had implicitly found that employee's failure to comply with discovery orders was willful. Employee's case did not warrant appointment of counsel.
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| United States v. Bianucci, No. 04-2004,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 20, 2006, Decided
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Overview: Sentence imposed on defendant who was convicted on several bank fraud and false statement charges to 46 months in jail was approved despite a claim that sentence violated U.S. v. Booker because district court did not have to use factors in 18 U.S.C.S. § 3553(a) as checklist and because factors that district court did report considering were proper.
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| United States v. Ellis, No. 05-3676,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 20, 2006, Decided
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| United States v. Pedroza, No. 05-2917,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 20, 2006, Decided
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Overview: Where defendant was with a cousin who was selling drugs to an informant in violation of 21 U.S.C.S. § 841, a deliberate ignorance instruction was proper because evidence that he did not ask where they were going and intentionally ignored telephone conversations supported an inference that he purposefully avoided acquiring full knowledge.
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| United States v. Sisco, No. 05-2761,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 20, 2006, Decided
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Overview: Appeals court upheld sentence on defendant who pleaded guilty to child pornography over claim that district court wrongly refused to depart from U.S.S.G. because district court was only required to consult U.S.S.G. and consider factors in 18 U.S.C.S. § 3553 and because discussion of departure decisions had been rendered obsolete by U.S. v. Booker.
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| United States v. Trombetta, No. 05-1676,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 20, 2006, Decided
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Overview: Due to the need to develop the record to clarify defendant's trial lawyer's intentions - who offered neither opening nor closing statements, cross-examined none of the government's witnesses and called no witnesses of his own - defendant's claim of ineffective assistance of counsel was better reserved for a motion under 28 U.S.C.S. § 2255.
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