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Opinion

Dec 13, 2016

Patent Act – Articles of Manufacture

In the case of a multicomponent product, the relevant “article of manufacture” for arriving at a §289 damages award need not be the end product sold to the consumer but may be only a component of that product.

Dec 13, 2016

Insider Trading – Securities Exchange Act of 1934

The Ninth Circuit properly applied Dirks to affirm Salman’s conviction. Under Dirks, the jury could infer that the tipper here personally benefited from making a gift of confidential information to a trading relative.

Dec 13, 2016

False Claims Act

A seal violation does not mandate dismissal of a relator’s complaint.

Dec 13, 2016

Daubert Test – Admission of Evidence

David Lewisbey was a Chicagobased gunrunner who used a fake Indiana I.D. to buy guns at Indiana gun shows and bring them back to Illinois to sell.

Dec 13, 2016

Class Action – Wage Payment

Plaintiffs David Cohan and Susan Schardt filed this putative class action suit against their former employers, Medline Industries, Inc., and MedCal Sales LLC (collectively, “Medline”), alleging violations of the Illinois Wage Payment and Collection Act, 820 Ill. Comp. Stat. § 115/1 et seq. (“IWPCA”), and other state wage payment statutes, including the New York Labor Law and California La[...]

Dec 13, 2016

Joint Venture – Loan Guaranty – Permissive v. Compulsory Counter Claims

Nalco and David Chen conducted a joint venture to sell environmental equipment in China.

Dec 13, 2016

11th Amendment – Failure to state a claim

Sherry Katz‐Crank is a Michigan lawyer with a practice in cemetery management.

Dec 12, 2016

Plea Agreement – Sentencing Guidelines

On September 6, 2012, the defendant Walter Freeman was charged in a five-count indictment: in Counts 1 and 2, with distribution of 28 grams or more of a mixture containing cocaine base in violation of 21 U.S.C. § 841(a)(1); in Count 3, with possession of a firearm as a felon, in violation of 18 U.S.C. § 922(g)(1); in Count 4, with distribution of marijuana in violation of 21 U.S.C. § 841(a)(1);[...]

Dec 12, 2016

Sentencing Guidelines – Procedural Error

Marcus Harris commit‐ ted three armed robberies in 2013, two in Indiana and one in Illinois.

Dec 12, 2016

Contract Interpretation – Damages Clause

“In this litigation Duke takes the position that, when MISO tells Benton to stop delivering power, it does not owe Benton anything.

Dec 12, 2016

Sentencing – Supervised Release

The appellant, Derek Ortiz, had been sentenced to prison for 135 months for three bank robberies.

Dec 12, 2016

Sentencing – Conditions of Release

7th Circuit Court of Appeals Case Name: United States of America v. Kristopher Warren Case No.: 16-1492 Officials: POSNER, FLAUM, and MANION, Circuit Judges. Focus: Sentencing – Conditions of Release Kristopher Warren pled guilty to transporting and possessing child pornography and was sentenced to five years’ imprisonment and fifteen years’ super‐ vised release. The district […]

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