7th Circuit Court of Appeals
Court OKs class certification in Conseco securities-fraud case
August 20, 2010
Michael HoskinsIn a securities-fraud case involving the Carmel-based financial and life insurance services company Conseco, a 7th Circuit
Court of Appeals panel has refused to significantly alter the class certification rules and throw out the long-established
fraud-on-the-market doctrine.
More7th Circuit upholds Indiana judicial canons
August 20, 2010
Michael Hoskins, Michael HoskinsA three-judge federal appellate panel says that Indiana’s judicial canons are not unconstitutionally restrictive of
free speech and should stand.
MoreFederal identity theft statute includes use of deceased's identity
August 18, 2010
Jennifer NelsonA person can be convicted of aggravated identity theft under 18 U.S.C. Section 1028A for using the identity of a person who
is dead or alive, the 7th Circuit Court of Appeals ruled in an issue of first impression.
MoreSafety vs. free speech
August 18, 2010
Michael HoskinsIn her 15 years on both the state and federal benches, Judge Jane Magnus-Stinson has had only one time when she’s feared
for her safety inside her courtroom.
MoreNo qualified immunity for officer in diabetic man's claim
August 12, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s
claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.
More7th Circuit affirms Lake County official's sentence
August 11, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals has upheld Robert Cantrell’s 78-month sentence for various convictions, including using
his position in public office for kickbacks.
More7th Circuit: Officer allowed to resume frisk
August 10, 2010
Jennifer NelsonAs one 7th Circuit Court of Appeals judge cautioned, it’s generally not a good idea to ride around in a car with cocaine
on you when
police have many reasons why they may legitimately stop the car.
MoreJudge: Look closer at claim of being part of a persecuted social group
August 10, 2010
Jennifer NelsonIn granting a petition for review of a denial of an asylum request, 7th Circuit Court of Appeals Judge David Hamilton believes
the Board of
Immigration Appeals applied too narrow of a concept of a “social group.&rdquo
MoreA chargeback isn't a sale of insurance
August 9, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals held today that a chargeback for the cost of insurance is not a sale of insurance, as some
owner-operators of leased trucks argued. The Circuit Court also took issue with the District judge’s decision on which
statute of limitations applied to the parts of the suit.
More7th Circuit expands inquiry to implicit motion for new attorney
August 5, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.
MoreWrongfully convicted man can pursue IIED claim
July 30, 2010
Jennifer NelsonA man wrongfully convicted of attempted murder can go forward with his intentional infliction of emotional distress claim
against the City of Elkhart and several police officers, the 7th Circuit Court of Appeals ruled today.
More7th Circuit ends use of inextricable intertwinement doctrine
July 28, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals upheld a defendant’s perjury conviction and in doing so, concluded that resorting to
inextricable intertwinement is unavailable when determining a theory of admissibility.
MoreCourt upholds discrimination claims in coroner's office
July 27, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his
white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner
could receive.
MoreMajority overturns enticement of minor conviction based on error
July 26, 2010
Jennifer NelsonAddressing for the issue for the first time, the 7th Circuit Court of Appeals ruled the “ostrich instruction”
in context of 18 U.S.C. Section 2422(b) was not appropriately given to the jury in an enticement of a minor trial.
More'Posnerian' wisdom featured in professor's new book
July 21, 2010
Rebecca BerfangerIt’s no secret judicial clerks help with writing opinions at some point in the process – whether it’s the
research, writing a first draft, reading and writing memos to judges on their drafts, or in some cases rewriting the judge’s
first draft or outline into a final draft.
MoreNo summary judgment for health-care facility with racial-preference policy
July 20, 2010
Jennifer NelsonThe District Court erred in granting summary judgment to a long-term health-care facility which prevented black workers from
assisting certain residents based on the residents’ requests, the 7th Circuit Court of Appeals ruled today.
More7th Circuit reverses dismissal of NCAA illegal ticket-lottery suit
July 16, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals has allowed a proposed class action case claiming the National Collegiate Athletic Association
operates an illegal lottery to sell tickets to certain sporting events to go forward.
More7th Circuit upholds gun ban for domestic violence offender
July 14, 2010
Rebecca BerfangerA Wisconsin man who pled guilty to possessing firearms after he was convicted of a domestic battery misdemeanor
is not allowed
to have those firearms, even though he argued they were used for hunting.
MoreIndiana joins fight for National Day of Prayer
July 12, 2010
Jennifer NelsonIndiana has joined the fight to reverse the holding by U.S. District Court in the Western District of Wisconsin that the federal
law providing for a National Day of Prayer violates the Establishment Clause.
More7th Circuit: Insurer can challenge its duty to defend
June 22, 2010
Elizabeth BrockettThe 7th Circuit Court of Appeals has lifted a stay imposed by the District Court in Hammond on an insurer’s declaratory
judgment action regarding coverage of a physician who skipped town instead of facing criminal charges and civil suits.
More7th Circuit rules on attorney withdraw brief practicalities
June 22, 2010
Michael HoskinsRuling on an issue of first impression, the 7th Circuit Court of Appeals today extended the logic of an eight-year-old case
to how criminal defendants challenge their supervised release and revocation penalties and what must be discussed in attorney
withdraw briefs on those issues.
MoreSCOTUS declines New Albany ordinance case
June 14, 2010
Michael HoskinsThe Supreme Court of the United States won’t take a case from New Albany about the city’s battle to close an adult
book and movie store.
More7th Circuit upholds denial of alien's motion to dismiss
June 8, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an
alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s
motion to dismiss because he failed to meet any of the law’s exhaustion requirements.
MoreCircuit judge relocating chambers to Maurer School of Law
June 3, 2010
Michael HoskinsIn a rare move that may be used in only one other jurisdiction nationally, Judge David F. Hamilton on the 7th Circuit Court
of Appeals in Chicago plans to relocate his chambers from the Indianapolis courthouse where he’s from to the Indiana
University Maurer School of Law – Bloomington.
MoreSCOTUS reverses 7th Circuit on sex offender registration
June 1, 2010
Michael HoskinsThe nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal
sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.