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Court of Appeals for the Seventh Circuit

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HOWELL v. MOTOROLA, INC., 633 F.3d 552 (2010)
Court of Appeals for the Seventh Circuit Filed: May 27, 2010 Citations: 633 F.3d 552, 07-3837, 09-2796.

WOOD, Circuit Judge. The two cases that we have consolidated for decision in this opinion both deal with the responsibilities of a company with respect to a defined-contribution pension plan that it offers to its employees. The company in each instance is Motorola, Inc., and the disputes concern employees' retirement accounts in the Motorola 401(k) Savings Plan (the "Plan"). Bruce Howell was the original plaintiff when this litigation began in 2003; later, Stephen Lingis, Peter White, and...

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U.S. v. WEST, 628 F.3d 425 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 30, 2010 Citations: 628 F.3d 425, 10-1292.

HAMILTON, Circuit Judge. Edward W. West was charged with two counts of armed bank robbery in violation of 18 U.S.C. 2113(a) and (d), and two counts of using a firearm during a crime of violence in violation of 18 U.S.C. 924(c). West moved to suppress an in-custody lineup identification on the grounds that the lineup violated his Sixth Amendment right to counsel and that the lineup was unduly suggestive. The district judge granted the motion, finding that the lineup was conducted without...

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IN RE TEXT MESSAGING ANTITRUST LITIGATION, 630 F.3d 622 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 29, 2010 Citations: 630 F.3d 622, 10-8037.

POSNER, Circuit Judge. A class action suit that has been consolidated for pretrial proceedings in the district court in Chicago charges the defendants with conspiring to fix prices of text messaging services in violation of federal antitrust law. The district court allowed the plaintiffs to file a second amended complaint despite the defendants' objection, based on Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007), that the second complaint like the first...

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U.S. v. TAYLOR, 630 F.3d 629 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 29, 2010 Citations: 630 F.3d 629, 10-2947.

WILLIAMS, Circuit Judge. James K. Taylor pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1) and was sentenced to 64 months' imprisonment. His sentence was based in part on the district court's conclusion that his prior Indiana conviction for Class C felony battery, Ind. Code 35-42-2-1(a)(3), qualified as a "crime of violence" under 4B1.2(a) of the federal sentencing guidelines, enhancing his recommended base offense level. Taylor appeals the...

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LaBELLA WINNETKA, INC. v. VILLAGE OF WINNETKA, 628 F.3d 937 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 29, 2010 Citations: 628 F.3d 937, 09-3297.

FLAUM, Circuit Judge. On February 28, 2007, a roof fire broke out at the Italian restaurant operated by LaBella Winnetka, Inc. in the Village of Winnetka, Illinois. The restaurant's doors have remained closed since that date. LaBella blames the Village and its manager, Douglas Williams, for preventing it from reopening the restaurant. LaBella appeals the district court's dismissal of its equal protection, substantive due process, procedural due process, and state law claims against the...

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BD. OF REGENTS, UNIV. OF WIS. v. PHOENIX INTERN., 630 F.3d 570 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 28, 2010 Citations: 630 F.3d 570, 08-4164.

TINDER, Circuit Judge. Phoenix International Software created software that it called Condor and registered the CONDOR mark with the Patent and Trademark Office (PTO) for "computer software for on-line programming development, library management and system utilities functioning on mainframe systems." Phoenix used this mark since June 1978 and registered it in January 1997. The delay in registration was due to a prior, separate registered CONDOR mark not at issue here. (We are capitalizing...

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BLOCKOWICZ v. WILLIAMS, 630 F.3d 563 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 27, 2010 Citations: 630 F.3d 563, 10-1167.

FLAUM, Circuit Judge. David, Mary, and Lisa Blockowicz received an injunction ordering Joseph David Williams and Michelle Ramey to remove defamatory comments they posted about the Blockowiczs on www. ripoffreport.com ("ROR"), among other websites. Williams and Ramey never responded to the injunction, prompting the Blockowiczs to contact the websites on which the statements were posted to secure compliance with the injunction. Every website complied, except for ROR. The Blockowiczs asked the...

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U.S. v. BOONE, 628 F.3d 927 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 27, 2010 Citations: 628 F.3d 927, 09-1960.

ROVNER, Circuit Judge. On April 3, 2008, Steven Boone was indicted along with Alderman Arenda Troutman, on a number of charges relating to a political corruption scheme run out of her aldermanic office, in which housing developers were forced to pay bribes to her office in order to secure the alderman's support. Prior to trial, Troutman pled guilty to two counts of the 15-count indictment, and the government proceeded to trial against Boone on four of the remaining counts: Count IV—mail fraud...

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FELLS v. U.S., 627 F.3d 1250 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 23, 2010 Citations: 627 F.3d 1250, 10-1537.

RIPPLE, Circuit Judge. Stephen Fells, owner and operator of a small convenience store in Milwaukee, Wisconsin, seeks review of a district court order upholding the final decision of the Food and Nutrition Service of the United States Department of Agriculture ("USDA"). The USDA decision permanently disqualified Mr. Fells's store, Stephen Snack Foods Candy & Variety, from participating in the Food Stamp Program, now referred to as the Supplemental Nutrition Assistance Program ("SNAP" or "...

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BAUSCH v. STRYKER CORP., 630 F.3d 546 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 23, 2010 Citations: 630 F.3d 546, 09-3434.

HAMILTON, Circuit Judge. This diversity jurisdiction case presents issues concerning federal preemption and sufficient pleading of a plaintiff's claim that she has been injured by a medical device—a hip replacement—allegedly manufactured in violation of federal law. Plaintiff Margaret J. Bausch appeals the district court's dismissal of her case against defendants Stryker Corporation, HOC, and Stryker Ireland, Ltd. (collectively "Stryker"), who have manufactured, distributed, and sold the...

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U.S. v. HANNA, 630 F.3d 505 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 22, 2010 Citations: 630 F.3d 505, 10-1331.

WOOD, Circuit Judge. In the wake of his divorce, Dr. Rafik Hanna was ordered by an Illinois court to make child-support payments to his daughter. For the most part, he flouted this order. After several years of nonpayment and a move to Washington State, a federal grand jury in Chicago indicted Hanna on charges that he willfully failed to pay a support obligation to a child residing in another state, in violation of the Deadbeat Parents Punishment Act of 1998, 18 U.S.C. 228 ("Section 228")....

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TRINITY HOMES LLC v. OHIO CAS. INS. CO., 629 F.3d 653 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 22, 2010 Citations: 629 F.3d 653, 09-3613.

KANNE, Circuit Judge. Plaintiffs Trinity Homes and Beazer Homes Investments (collectively referred to as Beazer) were general contractors tasked with the construction of multiple residences throughout Indiana. Rather than build the homes itself, Beazer employed a bevy of subcontractors to handle the home construction—construction that turned out to be defective. After Beazer incurred significant liability related to the defective work and its insurers failed to provide coverage, it brought a...

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U.S. v. TAYLOR, 628 F.3d 420 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 21, 2010 Citations: 628 F.3d 420, 10-1304.

CUDAHY, Circuit Judge. Appellant Lawrence Taylor appeals from his sentences for bank robbery and for violating the terms of his supervised release relating to an earlier bank robbery conviction. Because the district court erred by failing to appreciate its discretion to impose the sentences either consecutively or concurrently, we remand for the court to reconsider that aspect of the sentencing package. I. Facts and Procedural History In 2002 Lawrence Taylor pleaded guilty to bank robbery...

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U.S. v. ALAYETO, 628 F.3d 917 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 17, 2010 Citations: 628 F.3d 917, 10-2037.

KANNE, Circuit Judge. Hilda Alayeto appeals her conviction for illegal possession with intent to distribute crack cocaine. She argues that excluded evidence of her co-defendant's post-arrest conduct might have led a jury to doubt her criminal intent and that its erroneous exclusion impaired her constitutional right to present a defense. Because the district court did not abuse its discretion in its evidentiary rulings, we affirm. I. BACKGROUND On the evening of July 4, 2007, Alayeto was...

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KARL SCHMIDT UNISIA v. INTERN. UNION, UNITED AUTO., 628 F.3d 909 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 17, 2010 Citations: 628 F.3d 909, 09-4001.

KANNE, Circuit Judge. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW Local No. 2357 ("Union"), filed grievances against Karl Schmidt Unisia, Inc. ("Company"), on its own behalf and on behalf of Sam Jenkins and John Tony Smith. After initially participating in the grievance process, the Company reversed course and filed suit against the Union, Smith, and Jenkins in federal district court, seeking a declaratory judgment that the Union's...

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MYERS v. ILLINOIS CENTRAL R. CO., 629 F.3d 639 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 15, 2010 Citations: 629 F.3d 639, 10-1279.

MANION, Circuit Judge. For almost thirty years, Timothy Myers worked for the Illinois Central Railroad Company. The work was physically demanding and over the course of his career Myers suffered several injuries, including cumulative trauma disorders that eventually forced him to retire. He sued the Railroad claiming that these disorders were caused by its negligence. Before trial, Myers offered reports from three medical doctors and an ergonomist that would prove the Railroad's negligence...

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PROMOTOR v. POLLARD, 628 F.3d 878 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 14, 2010 Citations: 628 F.3d 878, 09-2292.

WILLIAMS, Circuit Judge. On April 8, 2003, Rogelio Promotor got drunk, drove at speeds up to 86 miles per hour, tore through two red lights, and crashed into a passing car. He killed four people and severely injured two others. He pleaded no contest in Wisconsin state court to four counts of homicide by intoxicated use of a motor vehicle and two counts of causing injury by intoxicated use of a motor vehicle. Before sentencing, Promotor cooperated in the creation of a defense pre-sentence...

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U.S. v. BRADLEY, 628 F.3d 394 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 13, 2010 Citations: 628 F.3d 394, 10-1080.

PER CURIAM. Paul Bradley pleaded guilty to traveling in interstate commerce to engage in sexual conduct with a minor. See 18 U.S.C. 2423(b). The district court calculated a guidelines imprisonment range of 57 to 71 months, but sentenced him to 240 months. On appeal Bradley principally argues that his sentence rests on speculation about his prior criminal conduct and likelihood of recidivism, and thus is unreasonable. We agree and vacate the judgment and remand for resentencing. I....

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U.S. v. ADAMS, 628 F.3d 407 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 13, 2010 Citations: 628 F.3d 407, 08-4143.

WILLIAMS, Circuit Judge. A jury convicted Jesse Charles Adams, Jr. of possession with intent to distribute and conspiracy to distribute crack cocaine from at least 2001 through June 13, 2006. Adams originally raised four issues on appeal: (1) whether the district court improperly admitted testimony regarding three earlier drug-related events in violation of Rule 404(b); (2) whether the district court erred in admitting testimony related to a non-testifying "confidential source" in violation of...

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ARROW GEAR CO. v. DOWNERS GROVE SANITARY DIST., 629 F.3d 633 (2010)
Court of Appeals for the Seventh Circuit Filed: Dec. 10, 2010 Citations: 629 F.3d 633, 09-1509, 09-4030.

POSNER, Circuit Judge. In 2008 the appellees, Arrow and Precision, brought separate suits under section 113(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9613(b), seeking contribution—seeking to shift some of the costs that Arrow and Precision had incurred, as a result of having been found liable for groundwater contamination, to other polluters of the same site. Those other polluters are the defendants in Arrow's and Precision's suits....

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