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| Gillespie v. Equifax Info. Servs., L.L.C., No. 06-1952,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 3, 2007, Decided
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Overview: Consumer reporting agency was not entitled to summary judgment in consumers' action under FCRA; agency's use of "Date of Last Activity" was potentially confusing as it was used for both positive and negative information and could allow agency to keep delinquent accounts beyond the limitation of seven and on-half years in 15 U.S.C.S. § 1681c(c)(1).
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| Peterson v. Euromark Designs, Inc., No. 06-4363,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 3, 2007 * , Submitted* After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2)., May 3, 2007, Decided
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Overview: Employer was properly granted summary judgment in employee's action under ADEA, Title VII, and Illinois Workers' Compensation Act because employer presented evidence that positions employee sought did not exist and that he was terminated for insubordination and evidence was deemed admitted by employee's noncompliance with N.D. Ill. Loc. R. 56.1.
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| Powers v. Snyder, No. 04-1961,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 3, 2007, Decided
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Overview: District court erred in dismissing three U.S. Const. amends. I, VIII, claims asserted by a prisoner in pro se § 1983 complaint. Discovery was needed before a deliberate indifference to medical needs claim could be dismissed on its merits. The prisoner should have been directed to further explain his retaliation and exposure to tobacco smoke claims.
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| Seymour v. Hug, No. 06-2502,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 3, 2007, Decided
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Overview: In this Fair Housing Act action, the appeal by plaintiff's attorney seeking to set aside the settlement agreement and related orders entered by the district court was dismissed; the magistrate judge had not imposed a monetary sanction on the attorney and therefore she could not base her appeal on the alleged damage to her professional reputation.
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| Talmage v. Harris, Nos. 05-3127 & 05-3282,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 3, 2007, Decided
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Overview: In a legal malpractice action, a client's claim for damages that arose from an inadequate settlement with client's insurer about a claim for fire damages to client's business was properly dismissed. The client failed to prove that the settlement was inadequate by failing to show how much of the repairs restored the building rather than improved it.
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| Taylor v. Knight, No. 06-2318,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 3, 2007 * , Submitted* After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2)., May 3, 2007, Decided
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| Turner v. Gonzales, No. 06-4020,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 3, 2007 * , Submitted* After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2)., May 3, 2007, Decided
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Overview: Only with additional information about how the United States came to possess the money at issue--and what it did with it--could the district court decide how to construe the inmate's filing for the return of the money; because the district court erred by construing the complaint as a motion under Fed. R. Civ. P. 41(g), its decision was vacated.
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| United States v. Bates, No. 06-3719,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 3, 2007, Submitted , May 3, 2007, Decided
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Overview: Defendant's appeal from his 18 U.S.C.S. § 922(g)(1) and 26 U.S.C.S. § 5861(d) convictions and sentence was dismissed as frivolous. Prior escape crime constituted a "crime of violence" for purposes of the career offender enhancement under U.S. Sentencing Guidelines Manual § 4B1.1. His concurrent, within-guidelines 96 month sentences were reasonable.
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| United States v. Boyle, No. 05-4204,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 3, 2007, Decided
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Overview: Points for acceptance of responsibility under U.S. Sentencing Guidelines Manual § 3E1.1 were inappropriate given defendant's repeated and brazen obstruction of justice as his limited and grudging acceptance of his wrongdoing fell far short of the type of extraordinary acceptance of responsibility that warranted a reduced sentence.
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