7th Circuit Court of Appeals

7th Circuit sets arguments in Exodus vs. Pence Syrian refugee case

July 27, 2016
Dave Stafford
Indiana Gov. Mike Pence’s appeal of a ruling blocking his bid to suspend resettlement of Syrian war refugees in the state will be heard by the 7th Circuit Court of Appeals less than two months before voters decide if he will be the nation’s next vice president.
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7th Circuit remands disability benefits denial

July 27, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals found an administrative law judge had improperly cherry picked a man’s medical record and reversed the denial of his disability benefits.
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7th Circuit: Insurer must defend against pill mill lawsuit

July 25, 2016
Marilyn Odendahl
An insurance company will have to defend its client pharmaceutical distributor in fending off a West Virginia lawsuit seeking restitution for the epidemic of prescription drug abuse.
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Elkhart teacher loses age-discrimination appeal

July 25, 2016
The 7th Circuit Court of Appeals on Friday rejected an appeal of an Elkhart teacher who claimed the school system discriminated against her on the basis of her race and age in denying her 12 different promotions over a span of eight years.
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Appeals court sends request for benefits back to Social Security office

July 21, 2016
Jennifer Nelson
A federal court in Indianapolis never should have affirmed the denial of Supplemental Security Income sought by an intellectually disabled woman because the administrative law judge’s decision was unsupported by the record, the 7th Circuit Court of Appeals held Wednesday.
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7th Circuit: Judge should have disqualified herself in sentence challenge

July 21, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals ruled Wednesday that a federal judge in Indianapolis should have excused herself from hearing a man’s petition regarding his sentence because she was the one who sentenced him while she was a judge in state court. In doing so, the federal appellate court overturned two lines of decisions.
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Conour asks 7th Circuit for non-public defender to reopen appeal

July 15, 2016
Dave Stafford
Former Indiana lawyer William Conour filed a pro se jailhouse pleading Thursday asking the 7th Circuit Court of Appeals to appoint a non-public defender at taxpayer expense to reopen the limited appeal of his wire fraud conviction.
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Time running out to get Indiana judicial nominees confirmed

July 14, 2016
Marilyn Odendahl
Three Democratic senators failed in their attempt Wednesday to force the Senate to hold a vote on the nominees to the federal bench, creating more doubt as to how many judges will be confirmed before the end of the year.
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Democratic senators pushing for vote on federal nominees

July 13, 2016
Marilyn Odendahl
Some Democratic senators in the U.S. Senate Wednesday are calling for unanimous consent to hold a floor vote on the judicial nominations, including Winfield Ong who has been nominated for the U.S. District Court for the Southern District of Indiana.
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Asylum seeker from Indiana wins reprieve

July 13, 2016
Dave Stafford
A Chinese national living in Indiana persuaded the 7th Circuit Court of Appeals he was wrongly denied asylum for his claim that he was severely beaten and left hospitalized for months after he vocally opposed state agents enforcing the country’s one-child policy.
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7th Circuit tosses legal fees suit arising from bankruptcy case

July 8, 2016
Dave Stafford
An unsecured creditor’s lawsuit against two law firms over legal fees collected for services provided to a bankrupt Fort Wayne company’s estate should not have proceeded, the 7th Circuit Court of Appeals ruled Friday.
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Lack of evidence divides judges on false claims suit

July 8, 2016
Jennifer Nelson
Based on the evidence presented before it on a False Claims Act lawsuit brought by a labor union, the 7th Circuit Court of Appeals decided to affirm summary judgment in favor of the union member’s company. But the dissenting judge believed the record required remand for a trial.
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Conour defender asks off case, cites ‘near adversarial relationship’

July 7, 2016
Dave Stafford
A federal public defender representing former attorney William Conour has asked the 7th Circuit Court of Appeals to remove her “due to the near adversarial relationship now existing between attorney and client.”
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Former day care worker to appeal child porn sentence

July 5, 2016
 Associated Press
A 22-year-old Indiana man is appealing his conviction and prison sentence in a case alleging he took explicit photographs of a 4-year-old girl at a day care where he worked.
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Lawyer loses appeals over Indy skyline photo

July 5, 2016
Dave Stafford
An Indianapolis lawyer who defendants call a copyright troll lost his appeals against three people who successfully defended against his suits over use of one of his photos.
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7th Circuit affirms judgment for employee on ADA claim

June 29, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed judgment for an employee who claimed the city of Anderson did not accommodate his disability when it fired him for not having a commercial driver’s license he could no longer get because of his diabetes.
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IndyCar case dismissed for lack of jurisdiction

June 28, 2016
Scott Roberts
The 7th Circuit Court of Appeals found a lack of subject matter jurisdiction in a case where one IndyCar team accused another of conspiring to steal its sponsor. The court found an amended complaint took the case out of federal court and remanded for dismissal.
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7th Circuit tosses would-be revolutionary's suit against Indiana bar

June 24, 2016
Scott Roberts
A man who challenged an Indiana Board of Law Examiners rule prohibiting a person “who advocates the overthrow of the government of the United States or this state by force, violence or other unconstitutional or illegal means” lost Friday in the 7th Circuit of Appeals.
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7th Circuit reversal: Conour fraud victims, not creditor, take priority

June 23, 2016
Dave Stafford
Fraud victims of disgraced former lawyer William Conour have the upper hand over his former law firm creditor who was awarded a judgment of almost $775,000, the 7th Circuit Court of Appeals ruled Thursday, reversing the District Court and signaling too much may have been awarded.
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7th Circuit: Women’s services ad can be posted in buses

June 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals found a women’s health organization can advertise on city buses because its ad does not violate any of the transit company’s ad policies, overturning a Northern District of Indiana decision.
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7th Circuit: Omission of fibromyalgia diagnosis reversible error

June 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled that an administrative law judge’s omission of fibromyalgia from a woman’s list of impairments was not supported by the evidence and reversed denial of her application for supplemental security income.
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7th Circuit: Third time’s charm in gun sentencing

June 17, 2016
Dave Stafford
It took three appeals, but a man’s sentence for illegal firearm possession finally satisfied the 7th Circuit Court of Appeals.
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7th Circuit cuts attorney fees in Indy skyline photo case

June 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals found the district court did not calculate attorney fees correctly in a dismissed copyright lawsuit and remanded the case so the correct amount could be awarded.
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7th Circuit: Man did not need Miranda warnings

June 15, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled Tuesday that a man was not under arrest when he was questioned by police and therefore did not need to be given his Miranda warnings after the man claimed he did not voluntarily agree to speak to police.
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7th Circuit affirms government employees must resign after elected to office

June 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld an Indiana law that prevents people employed by the government to also hold elected office in the same municipality they are employed in. The law was challenged by a host of individuals who both serve on city and town councils and work for the same town as police officers, office managers and firefighters.
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