United States Seventh Circuit - December 2001 Opinion Summaries

BENNINGTON v. CATERPILLAR, INC.

Labor & Employment Law
For a defendant to overcome a motion for summary judgement in a claim of age discrimination under the Age Discrimination in Employment Act (AEDA), he...

BOYD v. WEXLER

Debt Collection
Under the Fair Debt Collection Practices Act, 15 U.S.C. sec. 1692 et seq., there is a triable issue of fact as to whether a lawyer, who claims to...

US v. LOPEZ-FLORES

Criminal Law & Procedure, Immigration Law
A defendant, charged under 8 U.S.C. sec. 1326(a), violates the statute upon the date of re-entry to the U.S., not upon the date discovered by the INS.

US v. JONES

Criminal Law & Procedure
On appeal, a defendant must establish that he suffered prejudice from an alleged variance between the indictment and the proof at trial.

CARTER v. LITSCHER

Criminal Law & Procedure
A properly filed collateral attack that is pending in state court does toll the statute of limitations for a federal collateral attack, under 28...

BLOEDORN v. FRANCISCO FOODS, INC.

Labor & Employment Law
The NLRB must show it has a better than negligible likelihood of prevailing on the merits of its charge that by conducting a discriminatory hiring...

US v. CRAVENS

Criminal Law & Procedure, Sentencing
A defendant with an extensive criminal history, and who admitted guilt during a plea, is not eligible for a downward departure, under Section...

WORTH v. TYER

Labor & Employment Law
Direct physical contact with an intimate body part constitutes one of the most severe forms of sexual harassment.

US v. FELIX-FELIX

Criminal Law & Procedure, Evidence
A violation of the Vienna Convention is not sufficient to supress evidence if the defendant is not prejudiced by the violation of the Convention.

FOGLE v. WILLIAM CHEVROLET/GEO, INC.

Attorney's Fees
A court may reduce its court-awarded attorney fee when the attorney's trial performance is not commensurate with his requested fee.