7th Circuit Court of Appeals

Circuit certifies question for Supreme Court

December 17, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals concluded an Indiana statute dealing with salvage titles is ambiguous and it should be up to the state's highest court to interpret it.
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Writers lose appeal against newspaper

December 8, 2009
Jennifer Nelson
Two former editorial writers at Indiana's largest newspaper failed to prove they were the victims of religious discrimination, the 7th Circuit Court of Appeals ruled today.
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Worker didn't prove discrimination, retaliation

November 20, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the lower court ruling that a company's elimination of a worker's position, along with not rehiring her after restructuring, didn't constitute retaliation or a hostile work environment.
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Survey assesses PACER program

November 20, 2009
IL Staff
The federal judiciary is seeking feedback from users through a short survey on its PACER program, which allows people to search federal court records.
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7th Circuit offers alternatives to destroying guns

November 19, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals vacated a District judge's order that a defendant's guns be destroyed instead of returned to him, ruling that there were other alternatives than what the District Court considered.
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U.S. Senate confirms Hamilton for 7th Circuit

November 19, 2009
Michael Hoskins
U.S. District Judge David F. Hamilton is the newest jurist on the 7th Circuit Court of Appeals.
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UPDATE: Senate passes cloture motion

November 17, 2009
Michael Hoskins
The full U.S. Senate has ended debate on the controversial nomination of U.S. Judge David F. Hamilton, and now senators will vote as soon as Wednesday morning on his confirmation to the 7th Circuit Court of Appeals.
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U.S. Senate debating Indiana judge's nomination

November 17, 2009
Michael Hoskins
Indiana is at the heart of a legislative discussion about the future of the federal judiciary, and debate about a judge's controversial nomination is coming to a head this week.
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7th Circuit rules en banc on mezuzah case

November 13, 2009
Michael Hoskins
The full 7th Circuit Court of Appeals has ruled that condominium owners prevented from hanging religious objects on their home can in some cases sue their association under the Fair Housing Act for alleged religious and racial discrimination, after they've bought the residence and moved in.
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Judge's nomination vote set for Tuesday

November 11, 2009
Michael Hoskins
The U.S. Senate leader has filed a motion to limit debate on an Indianapolis judge's nomination for the 7th Circuit Court of Appeals, setting an hour of debate and roll call vote for Nov. 17.
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Senators still stalling judge's Circuit nomination

November 10, 2009
Michael Hoskins
An Indianapolis judge's potential elevation to the federal appeals bench remains controversial even as the full U.S. Senate inches closer to voting on his nomination in the next week.
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Prior conviction doesn't fall under exception

November 5, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant's argument that his felon-in-possession indictment was insufficient because his previous conviction of stealing cable doesn't meet the definition of a "crime punishable by imprisonment for a term exceeding one year" under 18 U.S.C. Section 921(a)(20)(A).
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7th Circuit: conviction can't enhance sentence

November 4, 2009
Jennifer Nelson
A defendant's conviction of possession of a firearm by a felon stands because police had reasonable suspicion to stop the car he was riding in, the 7th Circuit Court of Appeals concluded today.
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Court erred in judgment, sanctions order

October 22, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals overturned summary judgment in favor of a company on a former employee's suit for disability discrimination, finding there is a genuine issue as to whether the company regarded the employee as disabled when it fired him.
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SCOTUS remands Indiana death penalty case

October 20, 2009
Michael Hoskins
The 7th Circuit Court of Appeals was wrong in disposing of an Indiana man's death penalty challenges without any explanation, and should have allowed a Northern District of Indiana judge to consider those unresolved claims, the nation's highest court ruled today.
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7th Circuit warns attorneys about compliance

October 14, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals chastised the U.S. Attorney's Office in Indiana's Northern District to "get its act together" to comply strictly with a statute that imposes a mandatory life sentence for a defendant convicted of a drug offense with two prior drug convictions.
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7th Circuit discovery pilot program starts Oct. 1

September 29, 2009
IL Staff
The first phase of the 7th Circuit Court of Appeals' Electronic Discovery Pilot Program kicks off Thursday.
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Court upholds preliminary injunction

September 17, 2009
Jennifer Nelson
Hoosier Energy Rural Electric Cooperative has until the end of the year to find a replacement holder for its credit-default swap or an insurance company will be able to collect on the security.
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Circuit Court vacates drug sentence

September 14, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man's drug conviction, but vacated his sentence because it wasn't confident the District Court judge properly sentenced him.
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Judges question earlier Circuit holding

September 4, 2009
Jennifer Nelson
A decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.
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Court rules on adult-business ordinance

September 4, 2009
Jennifer Nelson
Six years after the city of Indianapolis amended its adult-business ordinances, the 7th Circuit Court of Appeals has ordered the District Court to hold an evidentiary hearing on whether the restricted hours in the new ordinance violate the businesses' constitutional rights.
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Amendment doesn't affect sentence

September 1, 2009
Jennifer Nelson
Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.
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Fax confirmation creates issue of fact

August 20, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.
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Female firefighter not discriminated against

August 20, 2009
Jennifer Nelson
The Indianapolis Fire Department didn't discriminate against a short female firefighter when it ordered her to be psychologically evaluated or perform driving tests, the 7th Circuit Court of Appeals affirmed today.
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7th Circuit affirms possible erroneous sentence

August 18, 2009
Jennifer Nelson
Because a defendant's attorney affirmatively waived any challenge to an Armed Career Criminal Act enhancement - despite the 7th Circuit Court of Appeals advisement that the enhancement may have been an error due to a recent Circuit ruling - the federal Circuit Court had no choice but to affirm the District Court.
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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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