ILNews

7th Circuit panel visits Indy law school

Back to TopCommentsE-mailPrintBookmark and Share

A 7th Circuit Court of Appeals panel converged on the Indiana University School of Law - Indianapolis campus Tuesday to hear three appellate arguments in its first visit in more than a decade.

Trading in the Chicago courthouse for the law school's Wynne Courtroom, the three-judge panel of Chief Judge Frank Easterbrook, Judge Michael Kanne from Lafayette, and Judge John D. Tinder from Indianapolis heard arguments in:

United States v. Ricky L. Fines and Leroy Miller, Nos. 08-1069, 08-1089, is a combined criminal sentencing case from the U.S. District Court, Northern District of Indiana's South Bend Division. Both defendants are appealing their federal firearms convictions and sentences, arguing on evidentiary and procedural issues, including whether Miller can be defined as a gun collector.

Jonathan S. McGlothan, M.D. v. Tracey and Eric Wallace, No. 07-4059, is a case that delves into expert testimony issues involving a LASIK eye surgery medical malpractice case from the Southern District of Indiana's Terre Haute Division. McGlothan wants the 7th Circuit to reverse the $678,793 jury award against him and dismiss the case.

Sondra J. Hansen and William R. Hansen, individually and on behalf of C.H. v. Board of Trustees of Hamilton Southeastern School Corp. and Dimitri B. Alano, No. 08-1205, a case from the Southern District of Indiana's Indianapolis Division, stems from a former high school band teacher's arrest and admittance in 2004 that he had sexual contact with a teenage female student in exchange for good grades. This federal suit eventually filed by the girl's parents alleges the school district was liable for Alano's criminal acts as they happened during his employment. The District Court granted summary judgment for the school corporation, and the attorneys argued about whether that was properly done and whether the judge lost jurisdiction of all state and other federal claims relating to Title IX.

The judges lobbed questions at the various attorneys standing at the podium, and Chief Judge Easterbrook interjected humor that drew laughs among the law school crowd, such as his opening comment about the medical malpractice jury award.

"A $700,000 award for loss of night vision seems high ... for that, you could just hire a chauffer," he said.

The court periodically visits different law schools to hear arguments. Law school spokeswoman Elizabeth Allington said this is the first time the federal appellate court has come here since March 9, 1994.

More than 100 students and faculty attended; after 90 minutes of arguments about half of the observers remained for a question-and-answer session where the judges answered general questions about their court and positions. Questions ranged from the balance between briefs and in-person arguments, the most difficult part of the judges' jobs, how they work their law clerks, and how they've felt about being reversed by the nation's highest court.

The judges told the audience that 55 percent of its final work comes in the form of written opinions and 45 percent in unprecedential orders, and that the court strives to issue a decision within two or three months of an argument but that it can range anywhere from a week to more than a year.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  2. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  3. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  4. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

  5. There is a compromise to wearing socks that may cause discomfort to the foot, and it is from XOSOX. They are currently running a Kickstarter campaign and, typing "xosox" and "kickstarter" into your search engine will get you there. You can also find their Facebook page.

ADVERTISEMENT