United States Seventh Circuit - February 2005 Opinion Summaries

US v. LEE

Criminal Law & Procedure, Sentencing
Defendant's sentence for illegal possession of a firearm is affirmed over his claim that the district judge violated the sixth amendment when making...

FRANKLIN v. MCCAUGHTRY

Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's petition for a writ of habeas corpus is reversed where his trial judge was actually biased since the only inference that can be...

CERROS v. STEEL TECH. INC.

Civil Rights, Labor & Employment Law
In a hostile work environment claim, judgment in favor of defendant-employer is reversed where the district court made inconsistent factual findings...

PARKS v. WELLS FARGO HOME MORTGAGE, INC.

Contracts, Property Law & Real Estate, Remedies
A jury verdict in favor of plaintiff's breach of contract and breach of fiduciary duty claims does not support an award of emotional distress and...

FULLER v. US

Criminal Law & Procedure, Sentencing
Defendant's conviction for making a false statement to a financial institution is affirmed over his claim that trial counsel rendered ineffective...

KELSO v. BAYER CORP.

Injury & Tort Law, Product Liability
In a products liability suit, dismissal of plaintiff's failure-to-warn claim is affirmed where defendant's nasal spray product warning was adequate as...

US v. GREENE-THAPEDI

Civil Procedure, Tax Law
To recover an erroneous tax refund, the government's two-year statute of limitations to file such a suit begins to run on the date when "the check...

BROWN v. BUDZ

Constitutional Law, Criminal Law & Procedure
Dismissal of plaintiff-inmate's claim, alleging that defendant-prison guards failed to protect, is reversed where defendants were deliberately...

TUN v. WHITTICKER

Constitutional Law, Education Law
In a substantive due process claim arising from plaintiff-student's expulsion from school, judgment in favor of plaintiff is reversed where the...

BARROW v. UCHTMAN

Criminal Law and Procedure, Habeas Corpus