United States Seventh Circuit - December 2000 Opinion Summaries

STATE OF WISCONSIN v. HOTLINE INDUSTRIES

Civil Procedure
Under 28 USC 1447(c), payment of "actual" attorney's fees "incurred" resisting removal from federal to state court limits government's recovery to...

FARLEY, INC. v. OHIO BUREAU OF WORKERS COMPENSATION

Bankruptcy Law, Labor & Employment Law
State worker's compensation bureau, acting as employer's surety, is entitled to recovery and reimbursement from employer's bankruptcy estate for...

US v. NANCE

Criminal Law & Procedure
While defendant's sentence for conspiracy to distribute narcotics could not be reconciled with the U.S. Supreme Court's Apprendi decision, failure to...

VALONA v. US PAROLE COMM'N

Criminal Law & Procedure
Where federal offender was released on parole and presumptively entitled to release from supervision after five years, Parole Commission retained...

US v. BEHRMAN

Criminal Law & Procedure
Despite defendant's guilty plea waiving potential challenges to all pre-plea events, and a plea agreement waiving rights to appeal and collaterally...

BARBECUE MARX, INC. v. 551 OGDEN, INC.

Civil Procedure, Intellectual Property
Plaintiff with a critically acclaimed restaurant is not entitled to a preliminary injunction in trademark infringement action in part because the...

KEVIN v. THOMPSON

Civil Rights, Constitutional Law
Social worker licensed to assess prospects of recidivism by people convicted of driving under the influence is not deprived of any legitimate claim,...

PRAXAIR INC. v. HINSHAW & CULBERTSON

Commercial Law, Injury & Tort Law, Legal Malpractice
Having failed to exercise due care when exercising its rights under an interest rate swap contract, plaintiff failed to show that any alleged...

SGB FIN. SERV. INC. v. CONSOLIDATED CITY OF INDIANAPOLIS-MARION COUNTY, IN

Civil Procedure, Property Law & Real Estate
Where state has authorized inverse-condemnation actions to adjudicate property owners' suits seeking compensation for what they allege are government...

BROKAW v. MERCER COUNTY

Civil Rights, Constitutional Law, Family Law
Former minor stated civil rights claims against state employees in their individual capacities, except judge and probation officer, under 42 USC 1983...