7th Circuit Court of Appeals
Indianapolis attorney appointed to bankruptcy court
October 31, 2012
IL StaffFaegre Baker Daniels LLP partner James M. Carr has been appointed to a 14-year term as U.S. Bankruptcy Judge in the U.S. District
Court for the Southern District of Indiana. Carr joins the bench Jan. 1.
More7th Circuit affirms block on Planned Parenthood defunding
October 23, 2012
Dave StaffordAn injunction against an Indiana law that blocks state Medicaid funding for Planned Parenthood has been upheld by the U.S.
7th Circuit Court of Appeals.
More5th annual Southern District Court history symposium Nov. 16
October 18, 2012
IL Staff7th Circuit Court of Appeals Judges John Tinder and David Hamilton – both former judges in the U.S. District Court for
the Southern District of Indiana, are two of the featured speakers at the fifth annual Court History and Continuing Legal
Education Symposium in the Southern District.
MoreAttorneys not entitled to fees after agency drops order
October 11, 2012
Jennifer NelsonAddressing for the first time what qualifies as a “prevailing party” under the Equal Access to Justice Act, the
7th Circuit Court of Appeals sided with several other appellate courts that have ruled on the issue.
MoreJudges order Social Security Administration to take another look at man’s claim
October 10, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has reversed the denial of a man’s request for disability benefits from the Social
Security Administration because it found the administrative law judge didn’t adequately explain why the man hadn’t
met requirements for a presumptive disability.
More7th Circuit rules against fired animal shelter worker
October 4, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has affirmed summary judgment for the city of Jeffersonville after finding that a terminated
employee’s lawsuit claiming her firing violated the Americans with Disabilities Act can’t proceed because the
woman doesn’t qualify as “disabled” under the ADA.
MoreState cannot enforce $1,000 cap on dental services for Medicaid recipients
September 26, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has left in place the preliminary injunction granted by Chief Judge Philip Simon last year
that prevents the state from capping dental work for Medicaid recipients at $1,000 a year.
More7th Circuit affirms in part man’s convictions for producing fake documents
September 26, 2012
Jennifer NelsonThere is enough evidence to support two of the three convictions of an East Chicago man stemming from his making and selling
various counterfeit documents, but photocopies in his possession cannot support his conviction of unlawful possession of five
or more false identification documents.
More7th Circuit to hold arguments at Notre Dame Law School
September 26, 2012
IL StaffThe 7th Circuit Court of Appeals will hear arguments in three Indiana cases Oct. 1 at Notre Dame Law School, including a lawsuit
filed by African-American police officers and firefighters in Indianapolis who claim the promotion process is racially discriminatory.
MoreBusinesses alleging financial loss against insurer lose before 7th Circuit
September 20, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals ruled against a group of businesses that sued an insurance company claiming its failure to
adequately pay G&S Metal Consultants Inc. following an explosion at the GSMC Georgia plant led to the plaintiffs suffering
financial losses.
MoreFederal court to decide whether man asked attorney to appeal
September 17, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has ordered a federal judge in the Southern District of Indiana to consider whether a defendant
asked his attorney to appeal his designation of a career offender at sentencing, following a guilty plea.
MoreFormer Marion County jail inmates lose appeal
September 14, 2012
Jennifer NelsonTwo former inmates who filed a class action lawsuit against the company that runs the Marion County Correctional Center couldn’t
convince the 7th Circuit Court of Appeals that the court should rule in their favor. The men claimed the jail provided inadequate
medical care and inhumane living conditions.
MoreSex offender registry listings subject of court appeals
September 12, 2012
Dave StaffordThe 7th Circuit Court of Appeals says DOC must fix errors; The Indiana Court of Appeals recently heard an ex post facto claim.
More7th Circuit rejects disability appeal
September 7, 2012
Dave StaffordAn Indiana man lost his appeal of denial of Social Security disability benefits Friday at the 7th Circuit Court of Appeals.
MoreTitle insurer had duty to defend
September 6, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals found that Ticor Title Insurance Co. breached its duty to defend Home Federal Savings Bank
on a counterclaim brought by a general contractor on the failed ethanol plant in Cloverdale.
MoreCourt orders more proceedings on suit involving former Junior Achievement VP
September 5, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals Tuesday had to determine how best to read Section 510 of the Employment Retirement Income
Security Act of 1974 to rule whether a former vice president of Junior Achievement of Central Indiana was fired because of
his protests about the company’s failure to deposit money into his retirement account.
MoreDismissed dental student loses suit against IU
August 30, 2012
Jennifer NelsonThe Indiana University School of Dentistry student kicked out of the program because of failing grades and allegations of
professional misconduct lost her lawsuit because of failure to state a claim.
More7th Circuit vacates habeas petition, orders further proceedings
August 30, 2012
Jennifer NelsonAlthough a District Court’s grant of the habeas petition of a man claiming he didn’t have an impartial jury was
reversed by the 7th Circuit Court of Appeals, the case was sent back to the lower court for the state to show that the jury
was not prejudiced.
More7th Circuit orders disability case back to administrative law judge
August 28, 2012
Because the Social Security Administration Appeals Council did not consider new evidence when it was presented – despite
its own regulations requiring it to do so – the 7th Circuit Court of Appeals sent a disability insurance benefits case
back to the administrative law judge for further proceedings.
More7th Circuit to DOC: Sex offender registry error safeguards insufficient
August 28, 2012
Dave StaffordIndiana’s Sex and Violent Offender Registry provides insufficient means for those whose information is incorrect to
challenge the information, the 7th Circuit Court of Appeals ruled Tuesday.
MoreUpdated instructions aim to prevent social media use during trial
August 24, 2012
IL StaffFederal judges have new guidelines for keeping Twitter and Facebook out of the jury box.
MoreSteak ’n Shake loses appeal over franchisee’s independent pricing
August 24, 2012
Dave StaffordA longtime Steak ’n Shake franchisee who sued the chain after it insisted on setting prices for menu items prevailed
again Friday as the 7th Circuit Court of Appeals affirmed an Illinois federal court’s ruling in the franchisee’s
favor.
More7th Circuit rules trial attorneys not ineffective
August 23, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals declined to find a defendant's trial attorneys' representation objectively deficient
or ineffective pertaining to how they handled a man’s sentencing hearing.
MoreMan had no constitutional right to counsel
August 20, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding
his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.
MoreJudges uphold insurers’ share of settlement liability
August 17, 2012
Jennifer NelsonA District judge did not err in how he apportioned liability among three insurers for payment of a settlement between an injured
worker and a contractor, the 7th Circuit Court of Appeals held Friday.
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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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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
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.