7th Circuit Court of Appeals

7th Circuit grants en banc hearing in Indiana prison death suit

May 26, 2016
Dave Stafford
The 7th Circuit Court of Appeals set aside its ruling affirming summary judgment in favor of a medical services provider in an Indiana prison death lawsuit, ordering a review by the full panel of circuit judges.
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7th Circuit upholds lifetime supervised release

May 25, 2016
Scott Roberts
The 7th Circuit Court of Appeals on Tuesday affirmed a federal judge’s findings and explanations were sufficient to support lifetime supervised release for 66-year-old man in poor health.
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Ex-Subway pitchman Fogle asks appeals court to cut sentence

May 23, 2016
 Associated Press
The judge who sentenced former Subway pitchman Jared Fogle to more than 15 years in prison mistakenly believed he was involved in producing child pornography, and his sentence should therefore be reduced, Fogle's attorney said during a hearing Friday.
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US backs Syrian refugees against Pence at 7th Circuit

May 18, 2016
Dave Stafford
The Department of Justice is urging the 7th Circuit Court of Appeals in Chicago to affirm an Indianapolis district court judge’s ruling that blocked Gov. Mike Pence’s directive to suspend federal aid to Syrian refugees resettled in Indiana.
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7th Circuit: Man not eligible for sentence reduction

May 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a prisoner is not subject to a sentencing reduction after it ruled an amendment that decreased the recommended penalties for the crimes he committed did not allow for a reduction.
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Insurer who paid wrong party doesn’t have to pay correct one

May 17, 2016
Scott Roberts

The 7th Circuit Court of Appeals affirmed summary judgment for an insurance company that acknowledged paying a death benefit to the wrong party but successfully argued that the proper recipient waived its right to the proceeds by allowing the wrong party to claim the money.

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Donnelly, Coats pleased nomination hearing set for Ong

May 16, 2016
Marilyn Odendahl
Indiana Senators Joe Donnelly and Dan Coats are applauding the U.S. Senate Judiciary Committee's decision to consider the nomination of Hoosier Winfield D. Ong for the federal bench.
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7th Circuit: Officer not entitled to qualified immunity

May 12, 2016
The 7th Circuit Court of Appeals affirmed a police officer who released a dog during an arrest to find a suspect is not entitled to qualified immunity.
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Court orders more proceedings on waiver moves

May 11, 2016
Scott Roberts
The 7th Circuit Court of Appeals reversed summary judgment for state defendants in a lawsuit brought by Medicaid patients who claimed their move to a new waiver with a cap on expenses violates the Americans with Disabilities Act. The court said the way the patients spent their expenses constitutes an issue of material fact, and they may have been able to receive more services had they spent their money differently.
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Company must sign collective bargaining agreement

May 9, 2016
Scott Roberts
The 7th Circuit Court of Appeals enforced a decision from the National Labor Relations Board that Merrillville's Polycon Industries must abide by a collective bargaining agreement it made with a Teamsters union after it had agreed to the terms.
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Split 7th Circuit affirms child abuse, firearms convictions

May 5, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld a man’s child abuse and firearms convictions in a split decision. The court was divided over the admittance of the man's refusal to take a polygraph test into evidence.
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7th Circuit: Company responsible for debts

May 3, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a company and its principals need to pay more than $3.5 million to a company it bought supplies from, even though the purchaser accused the seller of price-gouging.
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Appeals court to hear ex-Subway pitchman's appeal May 20

April 28, 2016
 Associated Press
A federal appeals court in Chicago has set a May hearing for former Subway pitchman Jared Fogle's appeal of his more than 15-year sentence in a child sex abuse and pornography case.
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7th Circuit affirms COA sentence in split decision

April 27, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled in a split decision the Indiana Court of Appeals did not make any error in federal law when it upheld a man’s consecutive 40-year sentences for three convictions of child molestation.
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7th Circuit: Woman who lost case still entitled to attorney fees

April 26, 2016
Scott Roberts
A plaintiff who lost a breach of contract and negligence suit is entitled to attorney fees in the case after the 7th Circuit Court of Appeals upheld a ruling that said the company she sued engaged in “obstreperous discovery behavior.”
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7th Circuit reverses ruling in favor of prison guard

April 26, 2016
Scott Roberts
The 7th Circuit Court of Appeals vacated a District Court decision that dismissed a prisoner’s First Amendment claims and granted immunity to the guard mentioned in his Eighth Amendment claims.
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7th Circuit seeks public comment on civil jury instructions

April 25, 2016
IL Staff
The 7th Circuit Pattern Jury Instruction Committee has released revised pattern Section 1983 civil jury instructions which will be available for comment through Friday.
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7th Circuit: Prisoner denied due process

April 20, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a prisoner could not defend the possession of heroin charge against him and thus remanded his case for rehearing.
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Feds cite Fogle's quest for teens for sex in appeal reply

April 20, 2016
 Associated Press
A federal judge acted properly in sentencing former Subway pitchman Jared Fogle to more than 15 years in prison, prosecutors said in a response to his appeal in which they cited text messages illustrating his multiple efforts to find teenagers for sex.
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7th Circuit: Horse racing venture was a business

April 18, 2016
Scott Roberts
An Indiana man who ran a horse racing business had his tax deficiencies for the 2005 and 2006 tax years voided by the 7th Circuit Court of Appeals after Judge Richard Posner ripped apart an opinion by the U.S. Tax Court.
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7th Circuit: Copyright suit not timely

April 18, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a health care corporation’s attempt to gain back its copyright from materials it created to market a diabetes drug was not timely and affirmed dismissal of the suit.
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7th Circuit: Prison honor program does not discriminate

April 15, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed dismissal of an Indiana prisoner’s claim that he wasn’t being provided equal protection compared to prisoners who are in an inmate “honor program” because he failed to state a claim.
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Conour victims ask 7th Circuit for fees awarded to creditor

April 14, 2016
Dave Stafford
Judges on the 7th Circuit Court of Appeals appeared sympathetic to victims of former attorney William Conour during oral arguments Wednesday over legal fees that a District Court judge ordered paid to a Conour creditor rather than to defrauded clients who were shut out of the case.
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7th Circuit: 4th, 6th Amendment rights not violated in gun case

April 12, 2016
Scott Roberts
The 7th Circuit Court of Appeals said a firearm discovered by police was not the product of an illegal seizure and affirmed the denial of a man’s motion to suppress it. The court also held the statement he gave to police did not violate his Sixth Amendment right to counsel.
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7th Circuit: No discrimination in firing

April 7, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed a woman did not suffer discrimination and the company did not retaliate against her for filing a workers’ compensation claim after she was fired for extending her medical leave.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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