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Friday, February 18, 2005

Ind. Decisions - 7th Circuit posts two today

Kelso, Ted v. Bayer Corporation (ND Ill.) [6 pp.]

Before BAUER, MANION, and WILLIAMS, Circuit Judges.
MANION, Circuit Judge. Ted Kelso sued Bayer Corporation for strict product liability, alleging that the warning Bayer provided on its Neo-Synephrine 12 Hour Extra Moisturizing Spray was defective. The district court granted Bayer summary judgment. Kelso appeals. We affirm. * * *

Kelso used Neo-Synephrine for more than three years, resulting in permanent injury. However, because Bayer clearly and explicitly warned consumers not to use Neo- Synephrine for more than three days, Kelso’s product liability claim for failure to warn fails. We AFFIRM.

Fuller, Mark v. USA (WD Wis.) [15 pp.]

Before BAUER, COFFEY, and KANNE, Circuit Judges.
COFFEY, Circuit Judge. Mark Fuller was charged with making a false statement to a financial institution for the purpose of influencing his application for an overdraft protection loan in violation of 18 U.S.C. § 1014. He subsequently entered into a plea agreement and, after a hearing, was sentenced to 46 months’ imprisonment and five years’ supervised release. Thereafter, he filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255, arguing that his trial counsel had rendered ineffective assistance at his withdrawal of guilty plea and sentencing hearings. The district court denied Fuller’s motion, ruling that his claims were barred because they had been fully decided in his direct appeal. We affirm.

Posted by Marcia Oddi on February 18, 2005 12:11 PM
Posted to Ind. (7th Cir.) Decisions