7th Circuit Court of Appeals

Circuit Court reverses insurance case

December 22, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals reversed summary judgment for an insurer on the issue of whether the commercial general policy covered faulty subcontractor work, citing a similar case recently ruled on by the Indiana Supreme Court. The Circuit Court also dealt with an issue surrounding umbrella policies for the first time.
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7th Circuit order changes wording in public-records opinion

December 9, 2010
Rebecca Berfanger
In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”
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SCOTUS takes case on whether vehicular flight from police is a 'violent felony'

December 8, 2010
Michael Hoskins
No one disputes fleeing in a vehicle from police is a crime. But whether that crime is considered a “violent” one worthy of an enhanced sentence under a long-standing federal career criminal statute is a legal nuance now an issue before the nation’s highest court, and Indiana is playing a key role.
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7th Circuit: judge erred when sentencing man

December 2, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.
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ALJ didn't inform vocational expert on the totality of claimant's limitations

November 29, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a District Court’s upholding of the Social Security Administration’s denial of a woman’s application for benefits because the Administrative Law Judge erred by not including her moderate limitation on concentration, persistence, and pace in the hypothetical he posed to a vocational expert.
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Circuit Court reverses stay on producing public records

November 29, 2010
Jennifer Nelson
A northern Indiana District Court was wrong in granting a Wisconsin city’s motion for a stay, which allowed the city to withhold public records from the bank suing it for violating securities law, the 7th Circuit Court of Appeals concluded today. The issue was whether the order issued by a state court for the city to produce the documents could be stayed by federal law because the request constituted discovery proceedings.
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7th Circuit affirms attorney's fees award under Lanham Act

November 23, 2010
Rebecca Berfanger
Finding a plaintiff’s actions frivolous, the 7th Circuit Court of Appeals today has affirmed a District Court’s grant of attorney’s fees to a company that successfully defended itself after selling lamps to the plaintiff home health care provider. The 7th Circuit also granted the defendant’s motion for fees and costs pursuant to Rule 38 of the appellate rules.
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Judges: disparagement provision not violated

November 18, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals twice declined to certify questions to the Indiana Supreme Court a litigant raised in his appeal of a suit involving alleged violations of a non-disparagement clause in a settlement agreement.
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7th Circuit: Drug convictions stand

November 17, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed drug convictions against two defendants, holding the lower court didn’t err in admitting a police officer’s voice identification testimony regarding one of the defendants.
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No error in refusal to tender 'missing witness' instruction

November 15, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s drug convictions, finding the District Court didn’t err by refusing to give the jury a requested “missing witness” instruction.
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SCOTUS reverses 7th Circuit a second time on capital case

November 8, 2010
Michael Hoskins
An Indiana case has prompted the nation’s highest court to reiterate that federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements do not violate U.S. law.
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High court takes certified questions in NCAA case

November 4, 2010
Jennifer Nelson
The Indiana Supreme Court has accepted three certified questions proposed by a federal appeals court that arose in a case involving the National Collegiate Athletic Association’s ticket-distribution system for championship tournaments.
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Judges ask Supreme Court to answer lottery law questions

October 18, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals has decided it needs some assistance from the Indiana Supreme Court to decide whether the National Collegiate Athletic Association’s ticket-distribution system constitutes a lottery under Indiana law.
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7th Circuit orders lower court to consider a minor participant reduction

October 13, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals vacated a man’s lengthy sentence for transporting drug money because the District Court needs to determine whether the man should receive a minor participant reduction since he only transported money one time.
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7th Circuit finds for energy plant

October 12, 2010
Rebecca Berfanger
The 7th Circuit Court of Appeals today reversed a decision out of Indiana regarding a claim by the Environmental Protection Agency that Cinergy Corp. was wrong to modify its coal-burning plants without first obtaining a permit from the EPA.
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SCOTUS rejects two Indiana cases

October 12, 2010
Michael Hoskins
The Supreme Court of the United States has declined to get involved in two appeals out of Indiana, upholding federal or state rulings on both cases.
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7th Circuit upholds injunction in adult-business ordinance case

October 1, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with a Southern District of Indiana judge who granted a preliminary injunction preventing Indianapolis from enforcing the 2002 ordinance that regulates adult-bookstore business hours.
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SCOTUS asked to take both judicial canons appeals

September 29, 2010
Michael Hoskins
A Terre Haute attorney wants the nation’s highest court to review two appellate cases out of Indiana and Wisconsin that uphold judicial canons and pose free speech questions about what judicial candidates can say or do when campaigning for office.
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7th Circuit mulls adult-business laws

September 29, 2010
Michael Hoskins
The 7th Circuit Court of Appeals is considering whether a Southern District of Indiana judge correctly weighed evidence in granting a preliminary injunction that stopped Indianapolis from enforcing a 2002 ordinance regulating adult-business hours.
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7th Circuit hears Cinergy appeal

September 29, 2010
Michael Hoskins
The 7th Circuit Court of Appeals is considering the appeal involving the 2009 retrial on clean-air rule violations at a coal-fired power plant in southeast Indiana.
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No qualified immunity for city in racially motivated promotions

September 10, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the denial of the motion of qualified immunity filed by the City of Indianapolis and several officials in a suit filed by three white police officers who claim they were passed over for promotions because of their race.
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7th Circuit affirms firing for non-compliance with FMLA leave policy

September 8, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment dismissing a woman’s Family and Medical Leave Act claim against the company that fired her because she didn’t give proper notice for an extension of leave and failed to return to work as expected.
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7th Circuit upholds Indiana's judicial canons

September 1, 2010
Michael Hoskins
At a time when the legal community is caught up in controversies about how judges are selected and whether they can remain impartial, the 7th Circuit Court of Appeals has weighed in on that national debate and ruled that states have the authority to self-regulate on those issues as it relates to judicial canons.
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7th Circuit rules on attorney fee issues in brownfield case

August 31, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has mostly upheld an Indiana federal judge who’d ruled on the litigation costs and attorney fees involved in a Shell gas station brownfield case.
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Circuit Court split on rehearing judicial canons case

August 31, 2010
Michael Hoskins
Indiana’s two federal appeals judges disagree about whether the full 7th Circuit Court of Appeals should reconsider a Wisconsin case about the judicial code of conduct in that state, paving the way for a further battle before the nation’s highest court that could influence Indiana’s judicial canons.
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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “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.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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