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. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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