7th Circuit Court of Appeals

Judges uphold child pornography sentence

April 19, 2010
Jennifer NelsonMore

Ex-racer loses appeal on Porsche ownershipRestricted Content

April 13, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has issued its take on an ownership dispute over a classic 1979 Porsche on display at the Indianapolis Motor Speedway Foundation's Hall of Fame Museum.
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7th Circuit affirms cross burner's convictionsRestricted Content

April 7, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals found sufficient evidence to uphold a Muncie man's convictions stemming from his burning of a cross in front of the home of a family with biracial children.
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Judge dissents on qualified immunity issue

April 5, 2010
Jennifer Nelson
Judges on the 7th Circuit Court of Appeals disagreed as to whether law enforcement officers were entitled to qualified immunity for their use of flash-bang devices in attempting to remove a suicidal man from his home.
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Court puts death penalty case on hold

April 2, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has reversed an Indianapolis judge's decision on a death penalty case, putting a condemned convict's death penalty appeal on hold indefinitely because of his current mental state.
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FMLA leave doesn't accrue hours for benefits

April 2, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has affirmed an Indiana District judge's decision that an employee on family medical leave doesn't accrue those hours for benefits and can be fired for violating attendance policies.
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Federal Bar Update: Diversity test for corporations now settledRestricted Content

March 31, 2010
John Maley
For diversity jurisdiction purposes, one area of uncertainty for many years has been how to determine the citizenship of a corporation.
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7th Circuit: expenses were capital expendituresRestricted Content

March 23, 2010
Jennifer Nelson
An Indianapolis-based health insurer can't deduct its settlement payments or legal expenses from the litigation because the insurer's payments were actually capital expenditures, the 7th Circuit Court of Appeals affirmed today.
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Estate entitled to hearing on cause of fireRestricted Content

March 23, 2010
Jennifer Nelson
A plaintiff is entitled to a hearing on whether vandalism caused the fire at an unoccupied home, the 7th Circuit Court of Appeals ruled today. The District Court never made a finding on the investigation that indicated it may have been burglars who started the fire.
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Boy can't sue for lack of probable cause

March 17, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.
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7th Circuit: counsel assistance wasn't ineffectiveRestricted Content

March 17, 2010
Jennifer Nelson
A defendant didn't receive ineffective assistance of counsel when his attorneys failed to raise the issue of comments made by his victim's mother during the trial, the 7th Circuit Court of Appeals ruled.
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RICO case against former East Chicago mayor nets $108M in damagesRestricted Content

March 17, 2010
Michael Hoskins
A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages for a voting scandal a decade ago, but in doing so he's rejected the Indiana Attorney General's most novel and far-reaching legal arguments in a landmark civil racketeering case centered on public corruption in East Chicago.
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Judges find stop violated Fourth Amendment

February 26, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals ruled a defendant's stop by police and subsequent search of a wheelbarrow he was pushing - which led to convictions of burglary and theft - violated the man's Fourth Amendment rights. The Circuit Court ordered the defendant's petition for habeas corpus be granted.
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7th Circuit: Officer entitled to qualified immunityRestricted Content

February 24, 2010
Jennifer Nelson
Because Indiana's conversion statute doesn't appear to have an implied-consent defense, the 7th Circuit Court of Appeals ruled a couple's excuse for possessing another person's camping gear was irrelevant to the probable-cause determination to arrest them.
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7th Circuit: amendment applies to all mortgagesRestricted Content

February 22, 2010
Jennifer Nelson
A 2007 amendment allowing recorded mortgages with certain technical defects to provide constructive notice, as if the mortgages were properly recorded and acknowledged, applies to all mortgages regardless of when they were recorded, the 7th Circuit Court of Appeals ruled Friday.
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DCS to appeal injunction on rate cuts

February 19, 2010
Jennifer Nelson
The Indiana Department of Child Services wants the 7th Circuit Court of Appeals to review a judge's decision to temporarily stop DCS rate cuts.
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Circuit Court rules on first impression issueRestricted Content

February 9, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals resolved an issue of first impression today: what is needed to be deemed "adequate writing" under the Telecommunications Act of 1996.
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7th Circuit Court: Class action suit isn't mootRestricted Content

February 4, 2010
Jennifer Nelson
A class action lawsuit filed by an inmate at the Tippecanoe County Jail who has since been transferred can proceed through the litigation process to determine if class action certification is proper, the 7th Circuit Court of Appeals concluded today.
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7th Circuit affirms permanent injunctionRestricted Content

January 28, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld an injunction preventing the application of Indiana's Uniform Consumer Credit Code to an Illinois company because it violates the commerce clause of the U.S. Constitution.
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7th Circuit affirms writ of habeas corpusRestricted Content

January 27, 2010
Jennifer Nelson
On remand from the Supreme Court of the United States, the 7th Circuit Court of Appeals affirmed the District Court's conditional grant of the petition for a writ of habeas corpus for a man facing the death penalty.
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Justices take question on salvage statute

January 25, 2010
Jennifer Nelson
The Indiana Supreme Court has accepted a certified question from the 7th Circuit Court of Appeals about a statute on salvage titles that the federal court deemed ambiguous.
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7th Circuit addresses digital media searchesRestricted Content

January 21, 2010
Jennifer Nelson
Despite being troubled by some aspects of a police officer's search of computers of a man charged with voyeurism - during which the officer discovered child pornography - the 7th Circuit Court of Appeals found the search didn't exceed the scope of the original warrant.
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Circuit Court upholds attorney-fee reduction

January 19, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals wasn't swayed by an attorney's arguments that the amount of attorney's fees he was entitled to shouldn't have been reduced by nearly $90,000.
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Woman can't prove pregnancy discrimination

January 12, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for a stone company after finding a woman couldn't prove the company knew she was pregnant when it decided to relocate her to another office.
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Circuit certifies question for Supreme Court

December 17, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals concluded an Indiana statute dealing with salvage titles is ambiguous and it should be up to the state's highest court to interpret it.
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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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