7th Circuit Court of Appeals

Denial of disability benefits remanded for better explanation

August 3, 2015
 Associated Press
A rejection of a claimant’s application for disability is being remanded after the 7th Circuit Court of Appeals found the “abstruse signals” in the denial did not sufficiently explain the reasons for disregarding new evidence.
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7th Circuit: Statute citation not required to revoke supervised release

July 29, 2015
Dave Stafford
A South Bend man whose supervised release on a federal firearms conviction was revoked after he was accused of assaulting a woman wasn’t deprived due process, the 7th Circuit Court of Appeals ruled Wednesday.
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Tinder departs 7th Circuit

July 29, 2015
Dave Stafford
Judge John Tinder is retiring, but he expects to seek opportunities to assist parties with litigation consulting, compliance and arbitration.
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Litigant misses trial court’s SHOUTING

July 28, 2015
Marilyn Odendahl
An Indiana man disputing with an Indiana law firm over the collection of his credit card debt was reminded by the 7th Circuit Court of Appeals that capital letters included in a court order should not be ignored.
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Union pension plan gets victory in 7th Circuit

July 27, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals has reversed a judgment against a union pension plan after finding the District Court erred as a matter of law and abused its discretion.
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State must pay legal fees in unclaimed property appeal

July 24, 2015
Dave Stafford
A woman who previously won a federal lawsuit arguing she was entitled to interest on unclaimed property held by the Indiana attorney general’s office also won her claim that the state should pay her legal fees for her initial appeal.
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7th Circuit denies new trial for convicted bank robber

July 23, 2015
Dave Stafford
A man convicted of robbing the Hammond Standard Bank & Trust in December 2011 failed to convince the 7th Circuit Court of Appeals that he was entitled to a new trial.
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7th Circuit overturns some Blagojevich Senate-seat convictions

July 22, 2015
 Associated Press
A federal appeals court Tuesday overturned some of the most sensational convictions that sent former Illinois Gov. Rod Blagojevich to a lengthy stint in prison, ruling that the Democrat did not break the law when he sought to secure a Cabinet position in President Barack Obama’s administration in exchange for appointing an Obama adviser to the president’s former U.S. Senate seat.
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7th Circuit affirms restaurateur’s harboring conviction

July 22, 2015
Dave Stafford
The 7th Circuit Court of Appeals Tuesday affirmed an Illinois businessman’s conviction of harboring illegal immigrants in a northern Indiana restaurant he owned along with a nearby house where his workers lived.
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Judgment for city on wrongful arrest claim affirmed

July 22, 2015
Dave Stafford
An Indianapolis man who claimed he was the victim of wrongful arrest and malicious prosecution may not pursue his federal civil rights lawsuit against the city and the arresting officer, but he may go to state court to sue the neighbor who claimed the man broke into his house and assaulted him.
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Dose of chlorine gas alone not enough to support diagnosis of respiratory illness

July 21, 2015
Marilyn Odendahl
A man who failed to produce an expert witness to link his respiratory ailment to a mishap at an amusement park will not be able to continue with his negligence claim.
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Judge’s failure to address killers’ upbringings requires resentencing

July 21, 2015
Dave Stafford
Two men sentenced to life in prison for the 2000 murder of a 73-year-old nearly deaf Hammond gun store owner must be resentenced, the 7th Circuit Court of Appeals ruled Tuesday.
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Incomplete continuity slip gets conviction vacated

July 13, 2015
Marilyn Odendahl
A Fort Wayne man’s argument that his defense strategy was upended when the government waited until mid-trial to produce a complete chain of custody document convinced the 7th Circuit Court of Appeals to overturn his conviction
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7th Circuit reversal: Kansas FedEx drivers employees, not contractors

July 9, 2015
Dave Stafford
Kansas FedEx truck drivers are company employees and not independent contractors, the 7th Circuit Court of Appeals ruled Wednesday, reversing a key ruling in continuing multi-district litigation.
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Court rules litigants are responsible for lawyers ‘asleep on the job’

July 8, 2015
Marilyn Odendahl
Although the 7th Circuit Court of Appeals agreed the party of investors did have a “poor lawyer,” the panel declined to overturn the nearly $450,000 judgment against them, saying “legal bungling … does not justify reopening a judgment.”
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Ex-cop snared in drug, conspiracy sting loses appeal

July 8, 2015
Dave Stafford
A former Indiana police officer sentenced to 40 years in prison after he transferred guns and agreed to protect a cocaine shipment in a sting operation lost his federal court appeal.
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In 3-2 decision, justices reinstate molestation conviction

July 6, 2015
Dave Stafford
A 3-2 decision of the Indiana Supreme Court on Thursday reinstated a Class A felony child molestation conviction that the Court of Appeals reversed because the defendant was denied opportunities to admit evidence.
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7th Circuit affirms ruling for Emmis in unpaid-dividend suit

July 6, 2015
Dave Stafford
A ruling in favor of Emmis Communications in a federal lawsuit brought by owners of preferred shares in the company was affirmed Thursday by the 7th Circuit Court of Appeals.
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7th Circuit rejects second challenge at ACA contraception mandate

July 2, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals has again rejected a college’s argument against having to give notification that it does not want to provide coverage for contraceptives as required under the Affordable Care Act.
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Notebook found in car falls under Fourth Amendment exception

July 2, 2015
Marilyn Odendahl
A notebook taken from a vehicle during an investigation of an identity-theft scheme was admissible at trial even though police did not have a search warrant, the 7th Circuit Court of Appeals has ruled.
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7th Circuit slams lawyer, sets new law on fees

July 2, 2015
Dave Stafford
An Indianapolis attorney who appealed a class-action lawsuit seeking a share of his clients’ compensation on top of a statutory award of fees was called out by the 7th Circuit Court of Appeals, which denied his appeal and affirmed the judgment of the U.S. District Court for the Southern District of Indiana.
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Unambiguous contract means lower commission for employee

July 1, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals tossed a jury’s award of $1.5 million, finding the terms of the employee’s incentive plan were unambiguous and the trial was unnecessary.
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Display celebrates Tinder’s career

June 26, 2015
IL Staff
In honor of 7th Circuit Court of Appeals Judge John Daniel Tinder’s retirement, a display has been installed in the main hall of the first floor of the Birch Bayh Federal Building and United States Courthouse in Indianapolis.
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Man deported after living in US since age 1 gets relief

June 26, 2015
Dave Stafford
An Indiana man who was ordered deported after pleading guilty to federal marijuana charges will be allowed to return to the country, the 7th Circuit Court of Appeals ruled Friday.
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7th Circuit rules against Anderson mayor in suit following firings

June 25, 2015
Jennifer Nelson
Anderson Mayor Kevin Smith lost his appeal of the finding that he is not entitled to qualified immunity regarding all of the fired government workers involved in a lawsuit alleging their discharges violated the First Amendment.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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