ILNews

7th Circuit order changes wording in public-records opinion

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In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”

The original sentence, which appeared in parentheses in American Bank v. City of Menasha, et al., No. 10-1963, was: “In an example of silly, and indeed unprofessional, advocacy, Menasha’s brief neither cites nor mentions the public-records law, as if there were no legal basis for American Bank’s insisting on compliance with the request and as if therefore the stay granted by the district court did not preempt a state law.”

Today’s order deleted that sentence and added in its place, in parentheses: “Menasha’s brief barely mentions, and does not discuss, the public-records law and contains no citation to it, as if to insinuate that there is no legal basis for American Bank’s insisting on compliance with the request and as if therefore the stay granted by the district court did not preempt state law.”

An article about the Nov. 29 opinion was included in that day’s IL daily.

In the Nov. 29 opinion, the 7th Circuit found the U.S. District Court for the Northern District of Indiana, Hammond Division, was wrong in granting a Wisconsin city’s motion for a stay, which allowed that city to withhold public records from the bank suing it for violating securities law. The issue was whether the order issued by a state court for the city to produce the documents could be stayed by federal law because the request constituted discovery proceedings.

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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