October 28, 2004

Indiana Decisions - 7th Circuit posts three today

USA v. Eberhart, Ivan (ND Ill.)

Before FLAUM, Chief Judge, and BAUER and POSNER, Circuit Judges.
FLAUM, Chief Judge. Ivan Eberhart was convicted by a jury of conspiring to distribute cocaine. Eberhart subsequently moved for a judgment of acquittal or in the alternative for a new trial. The district court denied the motion for judgment of acquittal, but granted the motion for a new trial. The government appeals the grant of a new trial, and Eberhart cross-appeals the denial of the judgment of acquittal. For the reasons stated herein, we reverse the grant of a new trial, remand for sentencing, and dismiss the crossappeal for lack of jurisdiction.
Hottenroth, Carol v. Village of Slinger (ED Wis.)
Before COFFEY, RIPPLE, and KANNE, Circuit Judges.
COFFEY, Circuit Judge. Carol Hottenroth sued her employer, the Village of Slinger, Wisconsin (“Slinger”), asserting various claims of discrimination in violation of Title VII of the Civil Rights Act of 1964. * * * Affirmed.
Advanced Ground v. RTW Indus Inc (SD Ind., Larry J. McKinney, Chief Judge)
Before RIPPLE, ROVNER, and WOOD, Circuit Judges.
WOOD, Circuit Judge. When a work platform under construction for the Indianapolis Airport Authority (IAA) partially collapsed on May 13, 1999, the inevitable search for compensation began. * * *

The district court resolved the claims as follows: (1) it confirmed the arbitral award in favor of United and against Engineering; (2) it granted summary judgment for Engineering in its claim against RTW, finding that RTW owed Engineering a duty to defend and indemnify it; (3) it granted Engineering’s motion for costs and attorneys’ fees; and (4) it granted Talwar’s motion for summary judgment, finding that he had no duty to indemnify or defend RTW. RTW now appeals. We affirm the judgment of the district court.

Posted by Marcia Oddi at October 28, 2004 01:19 PM