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7th Circuit

Metrou v. M.A. Mortenson Co. and Schuff Steel Co.

Citation: 
Metrou v. M.A. Morteson Co., No. 14-8030, --- WL --- (7th Cir. Mar. 23, 2015)
Ruling: 
In a matter of first impression at the appellate level and reversing the decision below, the Seventh Circuit declined to utilize judicial estoppel to cap a Chapter 7 trustee's potential recovery in an action at an amount equal to that ...
Judge(s): 
Easterbrook, Flaum, Williams
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BB Syndication Services, Inc. v. First American Title Ins. Co.

Citation: 
BB Syndication Services Inc. v. First American Title Insurance Company, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling: 
The Seventh Circuit held that when a lender cuts off loan funding by reason of a construction project’s overspending, the lender is, in fact, “creating” or “suffering” a mechanic’s lien because there is inevitably some completed work that remains to ...
Judge(s): 
Wood, Flaum, Sykes
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Gerard v. Gerard

Citation: 
Gerard v. Gerard, No. 14-1496 (7th Cir. Mar. 12, 2015)
Ruling: 
The 7th Circuit reversed the U.S. District Court (E.D. Wis.), which had affirmed the bankruptcy court's entry of judgment of nondischargeability under 11 USC 523(a)(6)(willful and malicious injury) after giving preclusive effect to state court trial verdict in favor of ...
Judge(s): 
Manion, Rovner, and Hamilton
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Listecki v. Official Committee of Unsecured Creditors

Citation: 
Listecki v. Official Committee of Unsecured Creditors, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling: 
The Religious Freedom Restoration Act (“RFRA”) does not apply to cases where the “government,” as defined in RFRA, is not a party. Also, even where the Free Exercise Clause of the First Amendment is applicable, it does not preclude ...
Judge(s): 
Flaum, Williams
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Iqbal v. Patel

Citation: 
iqbal v. Patel, __ F.3d __, 2015 WL 859541 (7th Cir. March 2, 2015)
Ruling: 
Finding that the Rooker-Feldman doctrine did not preclude pursuit of the plaintiff's claims, the Seventh Circuit Court of appeals reversed the district court's dismissal of a civil racketeering complaint.
Judge(s): 
Easterbrook, Rovner, and Sykes
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In re Wendy A. Nora

Citation: 
No. 13-2676
Ruling: 
Rule 38 of the Federal Appellate Procedure- When a litigant or attorney presents appellate arguments with no reasonable expectation of success for the purpose of delay, harassment or sheer obstinacy, sanctions are appropriate. Nora has given the court no reason to ...
Judge(s): 
Bauer, Posner and Tinder
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Hotel 71 Mezz Lender LLC v. The National Retirement Fund

Citation: 
Hotel 71 Mezz Lender, LLC v. The National Retirement Fund, No. 14-2034, --- WL --- (7th Cir. Feb. 6, 2015)
Ruling: 
The Court reversed and remanded a sua sponte grant of summary judgment against a party that also unsuccessfully moved for summary judgment. The Court found that, absent a record "clear beyond dispute" on the facts at hand, an insufficient ...
Judge(s): 
Rovner, Bauer, Tinder
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In re Sweports, Ltd.

Citation: 
No. 14-2423 (8th Cir. Jan. 9, 2015).
Ruling: 
Dismissal of a bankruptcy case does not divest the bankruptcy court Rather, a bankruptcy court retains ancillary jurisdiction to “tie up loose ends,” such as to rule on an application for allowance of fees under 11 U.S.C. ...
Judge(s): 
Posner, Williams, and Tinder.
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Cirilli v. Bronk (In re Bronk)

Citation: 
Cirilli v. Bronk (In re Bronk), Nos. 13-1123 & 13-1516, --- WL --- (7th Cir. Jan. 5, 2014)
Ruling: 
Applying Wisconsin law, the Court reversed the ruling that only account beneficiaries and not account owners could exempt college savings accounts and affirmed the ruling that the annuity in question comprised an exempt "retirement benefit". The Court found that ...
Judge(s): 
Sykes, Manion, Kanne
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In re Ruben

Citation: 
In re Ruben, No. 14-1475 (7th Cir. Dec. 23, 2014)
Ruling: 
AFFIRMING the district court's reversal of the bankruptcy court's order, the Seventh Circuit Court of Appeals held that the district court was correct in denying the discharge of Ruben’s debt for $171,504.54 in costs imposed by the arbitration panel. The ...
Judge(s): 
BAUER, POSNER, and TINDER, Circuit Judges.
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