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| Armstrong v. LaSalle Bank Nat'l Ass'n, No. 05-3417,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 4, 2006, Decided
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Overview: Abuse of discretion standard of review applied to employee stock ownership plan trustee's stock valuation decision because trustee was ERISA trustee and decision required an exercise of discretion. District court erred in granting summary judgment to trustee because record did not show that it had exercised any discretion in setting stock's value.
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| Chase Manhattan Mortg. Corp. v. Moore, No. 05-2941,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 4, 2006, Decided
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Overview: Mortgagor's appeal from the district court's judgment finding it liable for the mortgagee was trying to collect by foreclosing the mortgage was affirmed; the judgment was final and the mortgagor had standing to appeal but because the mortgagee did not appeal, the judgment could not be altered, and thus, the appeal lacked merit.
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| Harrell v. United States Postal Serv., No. 03-4204,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 4, 2006, Decided
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Overview: Grant of summary judgment to the employer on the employee's FMLA claims was affirmed; the employer did not violate the FMLA when it required the employee to comply with the return-to-work provisions set forth in the handbooks and manuals incorporated into the national collective bargaining agreement.
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| IBEW v. CSX Transp., Inc., No. 05-2590,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 4, 2006, Decided
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Overview: A union's rights were not violated when it was treated as interested third party and was denied participation as member of public law board in arbitration of jurisdictional dispute between railroad and second union. 45 U.S.C.S. § 153, Second, para. 3, limited board to two partisan members and a neutral. Union's due process rights were not violated.
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| In re United Airlines, Nos. 05-1460, 05-1461 & 05-1462,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 4, 2006, Decided
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Overview: Airline used a leasehold interest to acquire financing from bondholders, and the airline's payments to the bondholders did not resemble true rental payments; accordingly, the transaction between the airline and a bond-issuing, public entity concerning an airport was a secured loan and not a lease for purposes of 11 U.S.C.S. § 365.
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| Lockhart v. Chandler, No. 04-3223,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 4, 2006, Decided
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Overview: Inmate's § 2254 petition was properly denied because state court's failure to inform him of mandatory supervised release that would follow sentence under 730 Ill. Comp. Stat. 5/5-8-1(d) was violation of Ill. Sup. Ct. R. 402 and inmate failed to show that state court contradicted clearly established federal law as determined by U.S. Supreme Court.
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| Lucas v. Methodist Hosps., Inc., No. 05-4032,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 4, 2006, Decided
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Overview: Employer was properly granted summary judgment on employee's ADA claim because although employee alleged that employer gave her pass to use parking spaces reserved for disabled employees, which might show it regarded her as disabled, one of three statutory ways to qualify under 42 U.S.C.S. § 12102(2), no such evidence was in record.
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| Onischuk v. Johnson Controls, Inc., Nos. 05-2049 & 05-3458,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 4, 2006, Decided
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| United States v. Harris, No. 05-2976,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 4, 2006, Decided
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Overview: Defendant, who pleaded guilty to possession of ammunition by a felon in violation of 18 U.S.C.S. § 922(g)(1), was not entitled to suppression of bullets found during a pat-down search; an officer investigating a shots-fired report had reasonable suspicion for the search based on the description of a suspect and defendant's agitated state.
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