7th Circuit Court of Appeals
7th Circuit orders Indiana case sent back to Ohio
May 23, 2013
Jennifer NelsonA federal judge in the Southern District of Indiana erred when she determined that a claims adjuster from Ohio was fraudulently
joined to a case that was transferred out of federal court in Ohio to Indiana, the 7th Circuit Court of Appeals ruled. The
case also presented two issues of first impression for the Circuit.
MoreEasterbrook: 7th Circuit 'nation's leader' in productivity
May 22, 2013
Dave StaffordChief Judge Frank Easterbrook of the 7th Circuit Court of Appeals presented his final State of the Circuit address during
the Circuit conference this month in Indianapolis, describing the federal appellate court for Indiana, Illinois and Wisconsin
as perhaps the nation’s most industrious.
MoreLugar: I paid the price for support of Obama picks
May 22, 2013
Dave StaffordFormer Indiana Sen. Richard G. Lugar told members of the federal judiciary May 6 that his support of President Barack Obama’s
Supreme Court appointees, opposed by many in his party, may have carried the greatest political cost of any decisions during
his 36 years in the Senate.
MoreMemorable moments from the 7th Circuit Bar Association and Judicial Conference of the 7th Circuit
May 22, 2013
Marilyn Odendahl, Dave StaffordHere are some highlights from the recent 7th Circuit Bar and Judicial Conference in Indianapolis.
MoreLengthy gun sentence affirmed in 2011 hotel standoff
May 20, 2013
Dave StaffordA federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase,
assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August
2011.
More7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case
May 20, 2013
Dave StaffordAn Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s
apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be
resentenced.
MoreMan’s prior conviction doesn’t render him a career offender
May 10, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in
the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current
sentence should be reduced to reflect he isn’t a career offender.
More7th Circuit rejects claim that FMLA should be extended to non-eligible employees
May 8, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that
her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t
agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.
More7th Circuit: ‘Ransom demand’ requires third-party involvement
May 8, 2013
Jennifer NelsonIn order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the
7th Circuit Court of Appeals held Wednesday.
MoreChief Justice Roberts says budget cuts translate into judicial furlough and layoffs
May 7, 2013
Marilyn OdendahlChief Justice of the United States John Roberts used part of his address to the 7th Circuit to highlight the fiscal constraints
judges and courts are facing today.
More7th Circuit reaffirms drug conviction over claims of ineffective counsel
May 7, 2013
Dave StaffordA man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction
should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the
Northern District of Indiana.
MoreLugar: Votes for Obama Supreme Court nominees carried heavy cost
May 6, 2013
Dave StaffordFormer Indiana Sen. Richard G. Lugar told members of the federal judiciary Monday that his support of President Barack Obama’s
Supreme Court appointees, opposed by many in his party, may have carried the greatest political cost of any decisions during
his 36 years in the Senate.
MoreBankruptcy filings drop in Indiana, U.S.
April 29, 2013
IL StaffBankruptcy filings are down 14.4 percent for the 12-month period ending March 31 as compared to the same 12-month period ending
March 31, 2012, according to statistics from the Administrative Office of the United States Courts.
More7th Circuit denies petitions seeking review of mine safety regulations
April 26, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals Friday found that the Federal Mine Safety and Health Administration acted within its statutory
and constitutional authority in demanding review of employee medical records to ensure mines were not under-reporting injuries
or illnesses.
More7th Circuit rules for employer on fired worker’s claims
April 25, 2013
Jennifer NelsonAn Italian-born naturalized U.S. citizen who sued his former employer for religious discrimination and defamation after he
was fired could not prove his claims before the 7th Circuit Court of Appeals.
MoreSCOTUS declines review of injunction against Medicaid cap on dental work
April 22, 2013
IL StaffThe Supreme Court of the United States will leave undisturbed a ruling that blocked state efforts to cap dental work for Medicaid
recipients at $1,000 per year.
More7th Circuit declines to overturn ruling on excessive force
April 18, 2013
Jennifer NelsonA man who entered a conditional plea on drug charges couldn’t convince the 7th Circuit Court of Appeals Thursday that
it should overturn a ruling that the use of excessive force during an arrest is not a basis for suppressing evidence.
MoreGE did not discriminate against employee
April 16, 2013
Jennifer NelsonA longtime employee at the Bloomington General Electric Co. plant could not prove to the 7th Circuit Court of Appeals that
the company discriminated against her because of a disability and retaliated against her when she filed a complaint with the
Equal Employment Opportunity Commission.
MoreJudges affirm AUL Insurance owed no fiduciary duty to 401(k) plan
April 16, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals has ruled in favor of an insurance company on a 401(k) plan trustee’s lawsuit that
the insurance company's revenue-sharing practices breached a fiduciary duty under the Employment Retirement Income Security
Act of 1974.
More7th Circuit affirms men’s drug convictions
April 16, 2013
Jennifer NelsonIn a consolidated appeal brought by two men convicted on charges stemming from a heroin conspiracy, the 7th Circuit Court
of Appeals affirmed their convictions. Ronald Zitt, who went to trial, argued he was entitled to a mistrial. Joshua Wampler
pleaded guilty but argued he should be allowed to appeal.
MoreTrial court needs to take another look at alibi defense
April 16, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals reversed the denial of a man’s petition for habeas corpus and ordered the District
Court to take another look at the defense counsel’s alibi defense investigation.
More7th Circuit: Federal courts or juries can’t decide religious questions
April 10, 2013
Jennifer NelsonTaking up three appeals stemming from a lawsuit filed surrounding control of religious documents and artifacts from the appearance
of the Virgin Mary, the 7th Circuit Court of Appeals found that a federal judge erred in ruling that it should be up to a
jury to decide whether a party to the lawsuit is still a religious sister.
More7th Circuit upholds precedent but asks for further guidance from U.S. Sentencing Commission
April 9, 2013
Marilyn OdendahlAlthough a gun buyer had his sentence affirmed, his argument for reduced time has caused the 7th Circuit Court of Appeals
to call upon the Sentencing Commission to clarify a section of the U.S. Sentencing Guidelines.
More7th Circuit revives suit for woman with MS fired from city job
April 9, 2013
Dave StaffordAn Indianapolis woman who worked in the city’s Department of Metropolitan Development and was diagnosed with multiple
sclerosis may pursue her discrimination and retaliation claims under the Americans with Disabilities Act.
More7th Circuit affirms for employer in rental equipment fatality
April 9, 2013
Dave StaffordAn employer bears no liability in a lawsuit brought by the estate of a man who died operating a rented 40-foot boom lift,
the 7th Circuit Court of Appeals ruled Monday.
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Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.