7th Circuit Court of Appeals

7th Circuit upholds 300-month sentence

June 13, 2012
Jennifer Nelson
The United States Sentencing Guidelines aren’t susceptible to vagueness challenges, so a defendant’s claim that the career offender sentencing guideline is unconstitutionally vague failed, the 7th Circuit Court of Appeals ruled.
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Wal-Mart did not discriminate against pregnant employee, 7th Circuit rules

June 12, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals held that a woman failed to prove her claims of discrimination, retaliation and other complaints against her former employer.
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7th Circuit affirms District Court in mortgage dispute

June 11, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals held that financier Morgan Stanley acted lawfully when selling a loan to another party.
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7th Circuit affirms court in retaliation claim

June 8, 2012
Jenny Montgomery
A man who claimed he was wrongfully terminated in retaliation for claiming racial discrimination at his workplace was fired for just cause, the 7th Circuit Court of Appeals ruled.
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7th Circuit affirms lower court in elaborate mortgage fraud case

June 1, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has affirmed a District Court’s conviction and sentence for a man who defrauded buyers and lenders in northern Indiana.
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Defendants' drug sentences ineligible for reduction

May 31, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the sentences of six members of a Gary street gang for various crack cocaine and other offenses, finding none of the men are eligible to have their sentences reduced based on the retroactive crack cocaine amendments to the sentencing guidelines.
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Plaintiffs fail to prove claim that Zimmer misrepresented information

May 21, 2012
Jenny Montgomery
Two pension funds that own shares of Zimmer Holdings Inc. were unable to prove that Zimmer defrauded its investors by suppressing information, the 7th Circuit Court of Appeals ruled.
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Bankruptcy court seeks applicants for 2 positions

May 21, 2012
Dave Stafford
Applications are being accepted through June 22 for two bankruptcy judge positions in the U.S. District Court for the Southern District of Indiana.
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7th Circuit affirms lower court in appeal over firing

May 21, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has ruled that a bank did not violate a woman’s rights by terminating her employment because of her husband’s immigration status.
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Surety not obligated to pay bond to subcontractor

May 11, 2012
Jennifer Nelson
A company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.
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Changing, walking to workstations not compensable acts

May 9, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has ruled that employees asking to be compensated for changing into safety clothing and walking to their work stations are undermining the efforts of the union that represents them.
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7th Circuit rules Lilly sales reps not entitled to overtime

May 9, 2012
Jennifer Nelson
Pharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified by their employers under the administrative exemption to the overtime requirements of the Fair Labor Standards Act, the 7th Circuit Court of Appeals ruled. The lawsuit brought by employees of both companies raised an issue of first impression for the Circuit court.
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7th Circuit vacates sanction in contempt judgment

May 1, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was imposing the sanction he did, so the 7th Circuit vacated the sanction.
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Patriotic Veterans seeks to lift ban on robo-calls for primary

May 1, 2012
IL Staff
An Illinois-based nonprofit that wants to make political robo-calls in Indiana for the May primary has asked the 7th Circuit Court of Appeals to lift a stay banning the company from doing so.
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7th Circuit upholds sentence for drug offenses

April 17, 2012
Jennifer Nelson
Dealing with the issue for the first time, the 7th Circuit Court of Appeals has held that a certificate of appealability is needed for the part of a case that challenges the denial of collateral relief.
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7th Circuit rules on sentence reduction

April 12, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered a man resentenced because the District judge erred by not granting the defendant the one-level reduction under the United States Sentencing Guidelines that was triggered by the government’s motion.
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7th Circuit holds dispute is a matter for national labor board

April 6, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals held that only the National Labor Relations Board has authority to hear a complaint from employees who brought a hybrid suit against an employer and labor union.
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Judges order another look at whether woman qualifies for disability

April 2, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has found that an administrative law judge failed to properly assess a woman’s residual functional capacity in deciding whether she qualified for disability insurance benefits from the Social Security Administration. The judges ordered the case back to the agency for further proceedings.
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PACER fees increase Sunday

March 30, 2012
IL Staff
The fee for electronic public access through the Public Access to Court Electronic Records System increases to 10 cents per page April 1.
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7th Circuit remands Section 1983, wrongful death suits

March 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered the trial court to take another look at two cases combined on appeal, which stem from the death of an inmate at the Elkhart County jail.
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7th Circuit affirms District Court in attorney house fire case

March 16, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has affirmed a grant of summary judgment in favor of an insurer because an attorney and his wife failed to produce documents the company requested repeatedly.
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Indiana Court Decisions - Feb. 23-March 7, 2012

March 14, 2012
IL Staff
Read summaries of the latest for publication opinions from the 7th Circuit Court of Appeals and Indiana's appeals courts.
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Appellate court affirms ruling in retaliation lawsuit

March 13, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has upheld a northern Indiana judge’s decision granting summary judgment for a bank in a lawsuit filed by a former employee alleging retaliation in violation of the Age Discrimination in Employment Act of 1967.
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7th Circuit reverses Southern District judge

March 13, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has reversed a decision by U.S. Judge Sarah Evans Barker in the Southern District of Indiana involving a former police officer’s claim that he was falsely arrested for murder following a shooting outside an Indianapolis bar.
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Divided 7th Circuit affirms 'career offender' conviction

March 9, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career offender.” But the decision was not unanimous.
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  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

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