7th Circuit Court of Appeals
Plaintiffs fail to prove claim that Zimmer misrepresented information
May 21, 2012
Jenny MontgomeryTwo pension funds that own shares of Zimmer Holdings Inc. were unable to prove that Zimmer defrauded its investors by suppressing
information, the 7th Circuit Court of Appeals ruled.
MoreBankruptcy court seeks applicants for 2 positions
May 21, 2012
Dave StaffordApplications are being accepted through June 22 for two bankruptcy judge positions in the U.S. District Court for the Southern
District of Indiana.
More7th Circuit affirms lower court in appeal over firing
May 21, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals has ruled that a bank did not violate a woman’s rights by terminating her employment
because of her husband’s immigration status.
MoreSurety not obligated to pay bond to subcontractor
May 11, 2012
Jennifer NelsonA company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from
a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.
MoreChanging, walking to workstations not compensable acts
May 9, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals has ruled that employees asking to be compensated for changing into safety clothing and walking
to their work stations are undermining the efforts of the union that represents them.
More7th Circuit rules Lilly sales reps not entitled to overtime
May 9, 2012
Jennifer NelsonPharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified by their employers
under the administrative exemption to the overtime requirements of the Fair Labor Standards Act, the 7th Circuit Court of
Appeals ruled. The lawsuit brought by employees of both companies raised an issue of first impression for the Circuit court.
More7th Circuit vacates sanction in contempt judgment
May 1, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases
involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was
imposing the sanction he did, so the 7th Circuit vacated the sanction.
MorePatriotic Veterans seeks to lift ban on robo-calls for primary
May 1, 2012
IL StaffAn Illinois-based nonprofit that wants to make political robo-calls in Indiana for the May primary has asked the 7th Circuit
Court of Appeals to lift a stay banning the company from doing so.
More7th Circuit upholds sentence for drug offenses
April 17, 2012
Jennifer NelsonDealing with the issue for the first time, the 7th Circuit Court of Appeals has held that a certificate of appealability is
needed for the part of a case that challenges the denial of collateral relief.
More7th Circuit rules on sentence reduction
April 12, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has ordered a man resentenced because the District judge erred by not granting the defendant
the one-level reduction under the United States Sentencing Guidelines that was triggered by the government’s motion.
More7th Circuit holds dispute is a matter for national labor board
April 6, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals held that only the National Labor Relations Board has authority to hear a complaint from
employees who brought a hybrid suit against an employer and labor union.
MoreJudges order another look at whether woman qualifies for disability
April 2, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has found that an administrative law judge failed to properly assess a woman’s residual
functional capacity in deciding whether she qualified for disability insurance benefits from the Social Security Administration.
The judges ordered the case back to the agency for further proceedings.
MorePACER fees increase Sunday
March 30, 2012
IL StaffThe fee for electronic public access through the Public Access to Court Electronic Records System increases to 10 cents per
page April 1.
More7th Circuit remands Section 1983, wrongful death suits
March 20, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has ordered the trial court to take another look at two cases combined on appeal, which stem
from the death of an inmate at the Elkhart County jail.
More7th Circuit affirms District Court in attorney house fire case
March 16, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals has affirmed a grant of summary judgment in favor of an insurer because an attorney and his
wife failed to produce documents the company requested repeatedly.
MoreIndiana Court Decisions - Feb. 23-March 7, 2012
March 14, 2012
IL StaffRead summaries of the latest for publication opinions from the 7th Circuit Court of Appeals and Indiana's appeals courts.
MoreAppellate court affirms ruling in retaliation lawsuit
March 13, 2012
Michael HoskinsThe 7th Circuit Court of Appeals has upheld a northern Indiana judge’s decision granting summary judgment for a bank
in a lawsuit filed by a former employee alleging retaliation in violation of the Age Discrimination in Employment Act of 1967.
More7th Circuit reverses Southern District judge
March 13, 2012
Michael HoskinsThe 7th Circuit Court of Appeals has reversed a decision by U.S. Judge Sarah Evans Barker in the Southern District of Indiana
involving a former police officer’s claim that he was falsely arrested for murder following a shooting outside an Indianapolis
bar.
MoreDivided 7th Circuit affirms 'career offender' conviction
March 9, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career
offender.” But the decision was not unanimous.
More7th Circuit affirms search warrant basis
March 8, 2012
Michael HoskinsThe 7th Circuit Court of Appeals has determined that enough probable cause existed to justify a search warrant that led to
a man’s jury convictions on drug charges.
More7th Circuit ponders search of cell phone
March 1, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals, which likened modern cell phones to computers, had to decide whether police could search
a man’s phone for the phone’s number without a search warrant.
More7th Circuit affirms sentence for sexual involvement with 12-year-old girl
February 17, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old
Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced
within the correct guidelines range.
MoreIndiana Court Decisions Jan. 26-Feb. 8, 2012
February 15, 2012
IL StaffRead For Publication opinions from Indiana's appellate courts and the 7th Circuit Court of Appeals.
MoreVagueness of policy is grounds for reversal
February 14, 2012
Jenny MontgomeryThe 7th Circuit Court of Appeals has reversed a District Court’s grant of summary judgment in favor of St. Paul Fire
& Marine Insurance Company, holding that the language of its insurance policy creates a question of liability for deductible
payments.
More7th Circuit affirms inmate has no property interest in fund
February 9, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has upheld the decision in the Northern District of Indiana that an inmate has no property
interest in prison recreation funds.
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Court Calendar
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May 23, 2012 Covered Bridge Homeowners Association vs. Town of Sellersburg, Indiana - 5/23/12
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June 1, 2012 Brotherhood Mutual Insurance Co., et al. v. Michiana Contracting, et al. - 6/1/12
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June 12, 2012 State of Indiana Military Department, et al. v. Continental Electric Co.
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June 19, 2012 The City of Indianapolis v. National Trust Insurance Co., et al.
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G. Michael Witte letter states he's suspended for three years. The case that got him suspended is identical to my estate case, including havin the Late Judge Deiter recuse himself because Newman had a conflict of interest with the judge. His Modus Operandi is nearly identical.
SIGNED BY G. MICHAEL WITTE EXECUTIVE SECRETARY INDIANA SUPREME COURT DISCIPLINARY COMMISSION DATED MAY 17, 2012.
Your 6th complaint against Lawrence T. Newman filed on 4/12/2012. On 1/31/12, the Indiana Supreme Court entered an order suspending Lawrence T. Newman’s law license for a period of three years. More important, even after three years, Lawrence Todd Newman will not get his license back unless and until he goes through a separate proceeding to prove that he is fit to practice law. This is not an easy process, and the burden is upon Lawrence T. Newman to prove by clear and convincing evidence that he is fit to return to practice.
Because of the length of Lawrence T. Newman’s license suspension and the fact he may never succeed in getting his law license reinstated, we are not opening an investigation file at this time.
Should Lawrence T. Newman seek reinstatement in the future, we will open your file and ask Lawrence T. Newman to address your grievance as part of his burden of proving fitness. We have attempted to notify Lawrence T. Newman that this will be required of him.
It may disappoint you to hear that we will be doing nothing on your grievance at this time. However, the most our office can ever accomplish is to take away a lawyer’s license to practice law. We have already done that, albeit as a result of misconduct in cases other than your own. It makes better sense for our office to focus its limited resources on cases where the lawyers are still actively practicing law.
Is there any justice in the Marion County Superior Court Civil Division? I am the unfortunate victim of a retaliatory lawsuit brought by Lawrence Todd Newman, the attorney from an estate case on which I worked as a unsupervised personal representative in 2006. The contract agreement for that case stated that the estate would be responsible for all attorney fees, but Newman refused to close the nearly insolvent estate when my duties were complete and his fees were paid. Instead, he tried to extort additional attorney fees from me by keeping the case open to address a wrongful death claim, despite the estate’s heir’s lack of interest in pursuing it and an expert doctor’s opinion that it would not be worth doing so. He also knowingly deceived me into believing that a “closing statement” was needed to close the estate, even though this requirement had actually been waived by the estate’s heir. The heir’s attorney filed a motion to have Newman removed from the case. After the court closed the probate case with prejudice (barred from further litigation) Newman illegally re-opened the case in another courtroom.
As a result of complaints filed against him for these and similar actions, Newman has been suspended from practicing law for 18 months by the Indiana Disciplinary Commission. In retaliation, he has filed suit against me demanding additional attorney fees for the 2006 estate case, despite the fact that I made no agreement stating that I would pay any fees from my own assets on behalf of the estate. This lawsuit violates the rules of ethics, due process of law, and equal protection of law. Newman has been allowed to file ridiculous pleadings at an alarming rate and has been supported by a biased court system. Judge Carroll refuses to recuse himself from the case despite the fact that, by his own admission, he intends to grant Newman sanctions regardless of the evidence. When my former counsel discovered that the previous judge on the case, Judge Sosin, was a long-time close friend of Newman’s family, Judge Carroll commented for the record during a hearing that Judge Sosin in so many words “he finds the door “was weak for recusing himself from the case as a result of this obvious conflict of interest.
This case is a public policy issue. Statutes put in place to protect unsupervised personal representatives in probate matters are being ignored. This case will affect thousands of individuals involved in probating and the personal representation of estates. Justice cannot possibly be served as long as a biased judge is allowed to defend a “vexatious litigant,” as Newman has been described by Judge Logan in Bradenton, Florida court. If there is any justice in the Marion County Superior Court Civil Division, this case against me will be dismissed with prejudice.
Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.
This was an unnecessary change in law, a needless fiddling with a tax that impacted very very few hoosiers, but one that erodes a tax base benefitting very many hoosiers. Just because some people wanted to chalk up a "tax cut" on their legislative brag-list, and didnt give a fig about replacing the revenue any other way. Really stupid. I am a republican my whole life and this just shames me like hell. I have to use a fake name over this because I know my fellow republicans are all brain washed over tax cutting too.