7th Circuit Court of Appeals

Couple who claim bank's actions led to their divorce lose appeal

January 11, 2017
Jennifer Nelson
An Indiana attorney and her ex-husband couldn’t convince the 7th Circuit Court of Appeals that a bank violated the Real Estate Settlement Procedures Act with regards to an errant insurance payment and that alleged error led to their divorce and caused $300,000 in damages.
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7th Circuit: Umbrella commercial policies’ UIM coverage must reach limits

January 4, 2017
Dave Stafford
A man who was seriously injured in a vehicle crash while driving for his job won a reversal of a federal court ruling in the insurance company’s favor Tuesday.
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7th Circuit affirms Indiana’s ban on robocalls

January 4, 2017
Dave Stafford
A political organization that argued Indiana’s ban on telephone robocalls disfavored political speech and was content discrimination got a terse reply from the 7th Circuit Court of Appeals Tuesday.
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Man can't seek relief for murder conviction after robbery resentencing

January 4, 2017
Olivia Covington
An inmate convicted of murder and attempted robbery cannot be granted habeas relief for the murder conviction because the statute of limitations for that conviction under the Antiterrorism and Effective Death Penalty Act had passed, despite a resentencing on the robbery charge, the 7th Circuit Court of Appeals decided Tuesday.<
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Indiana’s judicial nominees headed toward disappointment

December 28, 2016
Marilyn Odendahl
While Indiana’s two nominees to the federal judiciary have a chance to get a confirmation vote before Inauguration Day, the possibility is extremely slim. The pair likely will find a place in the history books rather than on the bench.
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Conour seeks reconsideration of wire-fraud sentence

December 22, 2016
Dave Stafford
Convicted fraudster and former attorney William Conour is arguing that a case decided earlier this year entitles him to an appeal of his entire 10-year sentence for defrauding clients of more than $6.5 million.
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7th Circuit affirms health care fraud, firearms convictions

December 21, 2016
Olivia Covington
The 7th Circuit Court of Appeals affirmed a man’s firearms and fraud convictions Wednesday, rejecting each of the former counselor’s arguments against his attorney and the district court judge.
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Drug dealer’s convictions upheld after ‘exceptionally weak’ arguments

December 13, 2016
Olivia Covington
The 7th Circuit Court of Appeals denied Monday a convicted drug dealer’s appeal of his drug conspiracy and firearm convictions and related sentence, calling his numerous arguments for reversal “exceptionally weak.”
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Court rejects Illinois-Indiana gunrunner’s Facebook argument

December 13, 2016
 Associated Press
An appeals court in Chicago has reaffirmed that your Facebook posting can potentially be used against you in court.
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7th Circuit affirms dismissal of claims against Indiana, Marion County officials

December 9, 2016
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the dismissal of claims against several Indiana state and county officials, finding that most of the claims failed due to the immunity provided to government employees in the scope of their employment.
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7th Circuit rules student-athletes aren’t considered ‘employees’

December 6, 2016
Olivia Covington
Collegiate athletes cannot be considered university employees and, thus, are not eligible for minimum wage pay, the 7th Circuit Court of Appeals ruled Monday, affirming a district court decision that dismissed a lawsuit brought against the NCAA.
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7th Circuit affirms murder, racketeering convictions despite government error

December 5, 2016
Olivia Covington
Despite improper statements made by the government during closing arguments of a trial, the 7th Circuit Court of Appeals affirmed the defendant’s murder and racketeering convictions, writing that the statements constituted harmless error.
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Full 7th Circuit hears LGBT-workplace bias appeal

November 30, 2016
 Associated Press
The 7th Circuit Court of Appeals has heard arguments en banc on whether the 1964 Civil Rights Act covers workplace discrimination against LGBT workers.
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7th Circuit to rehear Ivy Tech discrimination case Wednesday

November 29, 2016
Marilyn Odendahl
The 7th Circuit Court of Appeals will again consider whether the protections offered by Title VII of the 1964 Civil Rights Act extend to sexual orientation.
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7th Circuit dismisses appeal based on waiver

November 28, 2016
Olivia Covington
The 7th Circuit Court of Appeals has dismissed a convicted murderer’s appeal arguing that the waiver of his right to appeal should be ignored because his sentence was outside statutory requirements, calling the man’s argument “undesirable” and “nonsensical.”
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Appeals court blocks 'Making a Murderer' inmate's release

November 17, 2016
 Associated Press
A Wisconsin prison inmate whose case was featured in the Netflix series "Making a Murderer" will stay behind bars while state attorneys appeal a decision overturning his conviction, a panel of federal appellate judges ruled Thursday.
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Wisconsin to appeal to feds over 'Making a Murderer' inmate

November 16, 2016
A federal judge told Wisconsin prison officials on Wednesday that they must release an inmate featured in the Netflix series "Making a Murderer" by Friday evening.
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Ong still has path to Southern District seat

November 9, 2016
Marilyn Odendahl
With Republicans set to control the White House, U.S. Senate and House of Representatives, the fate of Indiana’s judicial nominees to the federal bench is even more uncertain, but one court-watcher believes Winfield Ong might be confirmed.
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Plaintiffs in Carmel class-action traffic lawsuit file appeal

November 7, 2016
Lindsey Erdody, IBJ Staff
The plaintiffs in a federal class-action lawsuit filed against the city of Carmel for its enforcement of a local traffic ordinance are appealing the dismissal of the case in early October.
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7th Circuit vacates brandishing sentence for lack of jury finding

November 1, 2016
Olivia Covington
A man convicted of attempted robbery in Indiana federal court will be resentenced after the 7th Circuit Court of Appeals found Tuesday that the jury failed to find that the defendant had actually aided and abetted the brandishing of firearms during the robbery.
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State appealing $31M judgment against DCS workers

November 1, 2016
IL Staff
The state of Indiana is asking the 7th Circuit Court of Appeals to review the $31 million jury verdict awarded to a Pulaski County family after they sued Department of Child Services workers and others for the wrongful removal of their children and prosecution of the parents.
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7th Circuit affirms jury verdict in injured railroad worker's suit

October 27, 2016
Olivia Covington
A jury correctly ruled against an employee of the railroad company CSX Transportation Inc. who sued his employer after an on-the-job accident that resulted in severe back pain, citing evidence that proved the pain existed before the accident, the 7th Circuit Court of Appeals decided Thursday.
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7th Circuit upholds drug offender’s conviction, vacates life sentence

October 25, 2016
Olivia Covington
A man convicted of multiple drug offenses and sentenced to a life term in prison will soon receive a new sentence after the 7th Circuit Court of Appeals vacated it on Tuesday.
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State appeals judgment for deaf litigant denied interpreter

October 25, 2016
IL Staff
The state of Indiana is appealing a federal court ruling that a deaf Indianapolis man was discriminated against when he was denied an interpreter for a court-ordered mediation session in his child custody case.
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Pence mum on continuing anti-Syrian refugee fight gubernatorial candidates reject

October 19, 2016
Dave Stafford
Gov. Mike Pence’s fight to keep Syrian refugees out of Indiana may continue — as his term is expiring, he hasn’t said whether he will appeal federal court rulings that his position is discriminatory. Nevertheless, the candidates vying to succeed him as governor oppose the stance he’s unsuccessfully fought for.
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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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