7th Circuit Court of Appeals

7th Circuit rules man entitled to new hearing on crack-cocaine sentence

January 30, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a prisoner’s motion for a reduced sentence for distributing crack cocaine, finding that he is allowed to bring his petition for relief under 28 U.S.C. Section 2255.
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7th Circuit upholds new conviction, cannot address registration requirement

January 28, 2015
Jennifer Nelson
Although a judge communicated that a man must register as a sex offender based on the Sex Offender and Registration Notification Act, because that decision was not incorporated into the judge’s final ruling, there is nothing for the 7th Circuit Court of Appeals to review regarding his challenge to that part of his sentence.
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7th Circuit affirms dismissal of workplace discrimination suit

January 28, 2015
Dave Stafford
A Sudanese woman’s discrimination suit against a Jeffersonville shipyard where she had worked as a welder was properly dismissed, the 7th Circuit Court of Appeals ruled Tuesday.
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Partial-termination dispute gets full treatment from court

January 28, 2015
Marilyn Odendahl
After nearly 19 years and five appearances before the 7th Circuit Court of Appeals, a dispute over retirement benefits has ended where it began and elicited an admission of mistaken interpretation from the court.
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7th Circuit affirms Michigan law applies to Visteon pollution claims

January 23, 2015
Dave Stafford
A federal court in Indianapolis properly dismissed a lawsuit Visteon Corp. filed against its insurer seeking to recover damages resulting from toxic pollution at its former Connersville plant that also contaminated neighboring properties.
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Full 7th Circuit declines to rehear right-to-work appeal

January 15, 2015
Jennifer Nelson
An even split among all of the 7th Circuit Court of Appeals judges as to whether to rehear an appeal challenging Indiana’s right-to-work law means that its previous affirmation of the law will stand.
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7th Circuit upholds use of GPS unit on car in 2011

January 14, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s claim that his motion to suppress drugs and guns found by police at a storage locker through the use of a GPS unit should have been granted because attaching the device to his car for purposes of gathering information was a search under the Fourth Amendment.
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ALJ’s numerous errors require denial of benefits reversed

January 8, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the decision of a federal judge to uphold the denial of a man’s request for disability insurance benefits. The appeals court held that an administrative law judge made a number of errors when considering the record.
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First impression: Suspect’s recorded talk in police car admissible

January 6, 2015
Dave Stafford
What a South Bend man said to another suspect while they were alone in the back of a police cruiser was recorded by an in-car video camera and properly presented to a federal jury, a panel of judges decided in a matter of first impression for the 7th Circuit Court of Appeals.
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7th Circuit dismisses case because dispute arose after lawsuit was filed

January 5, 2015
Marilyn Odendahl
A man who claimed State Farm Insurance Co. owed him a higher rate of interest and attorney fees had his case dismissed because the controversy did not exist when the lawsuit began.
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7th Circuit: Jury correctly ruled in favor of gas station in personal injury suit

December 23, 2014
Jennifer Nelson
The District Court properly excluded an ordinance a woman sought to introduce at trial to bolster her case that a gas station should be liable for her injuries sustained after she fell off a curb walking around a display outside the gas station store, the 7th Circuit Court of Appeals ruled Tuesday.
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Family did not follow statutory remedies before suing bank

December 23, 2014
Jennifer Nelson
A federal court properly dismissed a family’s lawsuit against an Indiana bank and employee alleging they breached a fiduciary duty to a veteran in managing his benefits, the 7th Circuit Court of Appeals held Monday. The family is required to seek review of the fiduciary appointment as outlined under statute.
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7th Circuit upholds bank robbery conviction despite errors

December 22, 2014
Jennifer Nelson
Although a federal court in Indianapolis committed some errors in admitting certain evidence at a man’s bank robbery trial, those errors were harmless based on DNA evidence and the defendant matching the robber’s description, the 7th Circuit Court of Appeals held Friday.
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New trial ordered after expert testimony improperly excluded

December 18, 2014
Jennifer Nelson
A couple who brought a products liability claim against a ladder manufacturer and the store that sold the ladder are entitled to a new trial after the 7th Circuit Court of Appeals found the magistrate judge should not have struck their expert witness’s testimony. The couple lost their case as a result of the judge’s decision.
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Conour pursues wire fraud appeal

December 17, 2014
Dave Stafford
As ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge moves ahead, so do victim lawsuits that seek to collect damages from colleagues who practiced with him years earlier and from a Conour creditor.
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Federal judiciary receives budget boost

December 16, 2014
Marilyn Odendahl
The $1.1 trillion spending bill passed by the U.S. Congress as a government shutdown loomed included some relief for the federal judiciary.
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Rooker-Feldman doctrine bars man’s lawsuit alleging false statements

December 11, 2014
Jennifer Nelson
A man challenging a garnishment order entered in state court should have challenged the order in that court system instead of filing a federal lawsuit, the 7th Circuit Court of Appeals ruled Thursday. The judges affirmed the dismissal of his suit based on the Rooker-Feldman doctrine.
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Woman fails to prove discrimination claims after she lost counseling job

December 10, 2014
Jennifer Nelson
A woman who was not hired by the private company the Department of Correction contracted with to provide counseling for inmates could not prove the company’s decision was due to age or sex discrimination.
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Reservist entitled to full longevity pay despite time away from police force

December 10, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals held Tuesday that a Plymouth, Indiana, patrolman should receive the $2,700 in longevity pay he is entitled to from the city under an ordinance. The city cut the payment by two-thirds because the man served eight months on activity duty in the U.S. Air Force.
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7th Circuit reverses denial of benefits, blasts ALJ’s reasoning

December 5, 2014
Jennifer Nelson
Finding several things “wrong” with an administrative law judge’s decision denying a Fort Wayne woman’s application for Social Security Income for the years prior to her turning 55, the 7th Circuit Court of Appeals reversed and remanded for further proceedings.
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Conour appeal focuses on defense withdrawal, sentencing terms

December 3, 2014
Dave Stafford
Convicted fraudster and ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge argues the court failed to investigate his defense counsel’s withdrawal. His appeal also claims that the court wrongly imposed “suspicionless” searches and other conditions of supervised release following his imprisonment.
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Indiana’s cold beer law heading to 7th Circuit

December 2, 2014
Marilyn Odendahl
Convenience stores will soon have the chance to convince the 7th Circuit Court of Appeals that Indiana’s restrictions on cold beer sales violate the U.S. Constitution.
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7th Circuit declines collateral-order review in infertility lawsuit

December 2, 2014
Marilyn Odendahl
A Fort Wayne woman’s discrimination lawsuit against the Diocese of Fort Wayne-South Bend will continue despite the Catholic Church’s attempt to get the 7th Circuit Court of Appeals to intervene before trial and dismiss the complaint on religious freedom grounds.
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Evidence of felon’s gun tattoo not error

December 1, 2014
Dave Stafford
A defendant who took the stand in his federal trial for felony firearm possession failed to convince the 7th Circuit Court of Appeals Nov. 26 that the evidence of his gun tattoo should not have been admitted.
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7th Circuit reverses summary judgment in prison attack lawsuit

November 18, 2014
Marilyn Odendahl
Repeatedly drawing attention to the heavily redacted record and scant information about procedures, the 7th Circuit Court of Appeals tossed out a summary judgment granted to the government in a lawsuit stemming from a prison yard attack.
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