7th Circuit Court of Appeals

Steak n Shake can’t force arbitration with disgruntled franchisees

September 2, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals on Friday affirmed that Steak n Shake Enterprises Inc. cannot compel several of its franchisees to engage in nonbinding arbitration regarding claims brought by the franchisees in federal court. Steak n Shake tried to force arbitration after the restaurants already sued over the requirement all restaurants must adhere to company pricing and promotions.
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7th Circuit dismisses 3 Latin Kings gang members’ appeals

September 2, 2014
Jennifer Nelson
Because three Latin Kings gang members took plea deals with the government after they were charged with several counts – including conspiracy to participate in racketeering – that limited their ability to appeal, the 7th Circuit Court of Appeals threw out their appeals Friday.
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Divided 7th Circuit affirms dismissal of RTW challenge

September 2, 2014
Jennifer Nelson
A split panel on the 7th Circuit Court of Appeals has affirmed the decision by a federal judge in northern Indiana to dismiss a lawsuit brought by a union challenging Indiana’s right-to-work law. The majority concluded the law does not violate the union members’ rights under the U.S. Constitution nor is it preempted by federal labor legislation.
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PACER removes older 7th Circuit case files

August 28, 2014
IL Staff
Closed cases filed before 2008 in the U.S 7th Circuit Court of Appeals have been removed from the PACER online database, as have older records from several other federal courts.
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7th Circuit finds ALJ’s methodology flawed, orders more proceedings

August 27, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals found an administrative law judge’s opinion denying a man Social Security disability benefits reflects a “flawed evaluation of the record of evidence,” so it ordered more proceedings on the matter.
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Deficient counsel does not overcome convincing evidence

August 26, 2014
Marilyn Odendahl
Even though the 7th Circuit Court of Appeals spelled out in a 17-page opinion what defense counsel should have done during a bench trial, the appellate panel ultimately concluded the deficient representation did not prejudice the case.
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Judges blast Indiana, Wisconsin gay marriage bans

August 26, 2014
 Associated Press
Federal appeals judges bristled Tuesday at arguments defending gay marriage bans in Indiana and Wisconsin, with one Republican appointee comparing them to now-defunct laws that once outlawed weddings between blacks and whites.
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Crowds line up to hear federal gay marriage appeal

August 26, 2014
 Associated Press
The legal skirmish over same-sex marriage shifted Tuesday to a federal appeals court in Chicago, where nearly 200 people lined up hoping to hear arguments in a case challenging gay marriage bans in Wisconsin and Indiana.
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2 attorneys to argue for same-sex marriage before 7th Circuit

August 22, 2014
Marilyn Odendahl
In a rare move, two attorneys will share the podium and argue before the 7th Circuit Court of Appeals that Indiana’s law defining marriage as only between one man and one woman is unconstitutional.
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7th Circuit grants city, mayor’s request for stay

August 20, 2014
Jennifer Nelson
The doctrine of “pendent appellate jurisdiction” allows the city of Anderson to ask the District Court to stay proceedings in a case alleging city employees were fired because of political affiliation, ruled the 7th Circuit Court of Appeals. The case against the city is directly tied to the result of the case against the city’s mayor.
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Same-sex marriage memo keeps Pence as defendant in lawsuit

August 20, 2014
 Associated Press, Marilyn Odendahl
A federal judge ruled Tuesday that Indiana must recognize same-sex marriages performed in other states, but says the ruling doesn’t take effect until the 7th U.S. Circuit Court of Appeals rules on the issue.
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7th Circuit upholds drug convictions, remands for resentencing

August 19, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed three defendants’ convictions stemming from a cocaine distribution ring in Indianapolis but found that there were errors in sentencing the defendants.
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Judges order man sentenced under original plea agreement

August 19, 2014
Jennifer Nelson
The District Court committed a legal error when it withdrew a defendant’s guilty plea on his behalf instead of allowing the defendant the choice to stand by the plea or withdraw it, ruled the 7th Circuit Court of Appeals.
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Judges uphold man’s sentence under newer guidelines

August 15, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals had to decide Thursday whether the sentencing of a man under the 2011 Sentencing Guidelines for child pornography offenses that took place over the course of seven years created constitutional problems since different guidelines were in place when he committed the crimes.
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Judge wants Congress to reconsider FDIC’s rights when taking over a bank

August 14, 2014
Jennifer Nelson
In a case that hinges on the distinction between direct and derivative claims, the 7th Circuit Court of Appeals decided that a failed bank can pursue two claims against former managers.
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Security software maker loses trademark case against Warner Bros.

August 14, 2014
Jennifer Nelson
The Plymouth, Indiana-based security software maker that sued Warner Bros. after the movie “The Dark Knight Rises” referred to hacking software as “clean slate” lost its trademark infringement case before the 7th Circuit Court of Appeals. The company, which has a program called “Clean Slate,” claimed its sales dropped after the movie came out.
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7th Circuit declines to overturn mine’s fine for safety violation

August 13, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals denied the petition for judicial review filed by a company that runs a southern Indiana mine, finding sufficient evidence supports fining the company for violating federal regulation requiring a protective mound along an elevated roadway.
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Indiana asks court to overturn gay marriage ruling

August 12, 2014
 Associated Press
Attorneys who want a federal appeals court to overrule a judge who threw out Indiana's gay marriage ban say there's no constitutional right to marry a person of the same sex.
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No evidence car crash caused by other driver, 7th Circuit rules

August 8, 2014
Marilyn Odendahl
The estate of a northern Indiana man who died in an auto accident was unable to convince the 7th Circuit Court of Appeals his death was caused by the negligence of the other driver.
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Target files brief in Indiana case in support of gay marriage

August 6, 2014
 Associated Press
Target Corp. is adding its name to a legal defense of gay marriage, joining other large companies that are taking a stand, just four years after the retailer came under criticism for supporting a strident opponent of same-sex unions. The company has filed a court brief backing marriage equality  in the case pending before the 7th Circuit Court of Appeals invovling Indiana and Wisconsin same-sex marriages.
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7th Circuit affirms man not entitled to habeas relief

August 5, 2014
Jennifer Nelson
Although a federal judge erroneously held that a savings clause did not apply to a habeas petition filed by an inmate in Terre Haute, the 7th Circuit Court of Appeals affirmed the dismissal based on the merits of the petition.
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7th Circuit overrules decades-old precedent, orders more proceedings on benefits case

August 5, 2014
Jennifer Nelson

The 7th Circuit Court of Appeals reversed the dismissal by a federal judge of a woman’s petition for judicial review of the decision to deny rehearing her request for Social Security disability benefits. In doing so, the judges overruled a 1980 7th Circuit decision with similar facts.

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First responders support gay marriage in Indiana

August 5, 2014
 Associated Press
Dozens of Indiana firefighters, police officers and emergency medical workers say a federal appeals court should uphold same-sex marriage in Indiana and Wisconsin for the sake of the families of gay first responders, a spokeswoman said Monday.
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Death row inmate denied relief by 7th Circuit

August 4, 2014
Jennifer Nelson
An Arkansas man on death row in Indiana for killing a woman in Texas nearly 20 years ago was unable to convince the 7th Circuit Court of Appeals that he should not be put to death. Bruce Carneil Webster argues he is mentally retarded and has new evidence that would affect his sentence.
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Testimony properly authenticates video

August 1, 2014
Marilyn Odendahl
A video showing two brothers outside a home where a drug deal occurred was properly authenticated for trial, the 7th Circuit Court of Appeals ruled.
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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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