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7th Circuit to hear arguments at law school

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The 7th Circuit Court of Appeals travels Tuesday to hear arguments at Indiana University School of Law - Indianapolis.

A panel of three judges will hear arguments in the Wynne Courtroom in three cases. In USA v. Ricky L. Fines and LeRoy F. Miller, Nos. 08-1069, 08-1089, from the Northern District of Indiana, South Bend Division, Ricky Fines and LeRoy Miller appeal their firearms convictions and sentences. Fines and Miller argue the District Court abused its discretion in admitting certain evidence and the court erred in denying their motions for judgment of acquittal. Miller also argues the District Court erred in finding he was not a "collector" of guns and not entitled to the benefit of U.S. Sentencing Guidelines Section 2K2.1(b)(2).

In Jonathan S. McGlothan, M.D. v. Tracey Wallace and Eric Wallace, No. 07-4059, from the Southern District of Indiana, Terre Haute Division, Dr. Jonathan McGlothan wants the 7th Circuit to reverse the jury verdict against him in a suit brought by the Wallaces following LASIK eye surgery and enter judgment as a matter of law in his favor, dismiss the matter with prejudice, and assess costs against the plaintiffs for relief the court deems proper.

In 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, from the Southern District of Indiana, Indianapolis Division, the District Court granted summary judgment in favor of Hamilton Southeastern School Corp. on the Hansens' Title IX claims. The 7th Circuit will hear arguments as to whether the District Court properly granted summary judgment to Hamilton Southeastern School Corp., whether the District Court lost jurisdiction of the Hansens' state claims after dismissal of all federal claims brought pursuant to Title IX, and whether the District Court improperly granted summary judgment to HSE on the Hansens' state law claims.

The panel of judges will be announced Tuesday. Arguments, which begin at 4:15 and are scheduled to last until 6 p.m., will be followed by a question-and-answer session. The Indianapolis Bar Association will host a reception in Conour Atrium following the arguments. The arguments and reception are open to the public.

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

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