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Case Digests

Aug 1, 2016

Bankruptcy – Safe Harbor

Section 546(e) Safe Harbor provision in the Bankruptcy Code does not protect transfers made through financial institutions where the entity is only a conduit and not a debtor or transferee.

Aug 1, 2016

Deprivation of Rights

Appellant requirement to sit in squad car on hot day for 30 minutes did not cause him to admit that gun found in car, of which the appellant was a passenger, was his.

Aug 1, 2016

Breach of Contract – Disability Benefits

Contract provision misinterpreted to include temporal element by court without any language on its face lending support o such a interpretation.

Aug 1, 2016

Disability Benefits – Court Error

Court erred in interpreting insurance policy and made factual findings unsupported by evidence on the record.

Aug 1, 2016

Search Warrant – Sufficiency of Evidence – Sentencing Guidelines

Sufficient evidence existed to find probable cause for search warrant; Court lacked sufficient evidence to tie appellant to cocaine package at any time for several other counts.

Aug 1, 2016

Sufficiency of Evidence

Overwhelming evidence supports appellant conviction; judge modifies condition of supervised release despite pending appellate case and appellant sentence is vacated.

Aug 1, 2016

In Forma Pauperis

Hiding of assets precludes appeal for in form pauperis action

Aug 1, 2016

Bankruptcy – Fraudulent Transfer

Transfer of debtor assets prior to filing for bankruptcy constitutes fraudulent transfer.

Aug 1, 2016

Fundamental Defects

Appellants fail to serve third-party with complaint and has case properly dismissed due to fundamental defects.

Aug 1, 2016

Social Security Disability Benefits

ALJ improperly rejected clinical findings and erred in denying appellant benefits.

Aug 1, 2016

Deliberate Indifference

Respondent not entitled to qualified immunity

Jul 29, 2016

Weekly Case Digests — July 22-29, 2016

7th Circuit Court of Appeals Digests 7th Circuit Court of Appeals Case Name: Thomas Wilson et at v. Warren County, Illinois et al Case No.: 15-1939 Officials: BAUER and WILLIAMS, Circuit Judges, and ADELMAN, District Judge Focus: FHA Appellant fails to state a claim upon which relief can be granted in FHA claim related to […]

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