7th Circuit Court of Appeals

Indianapolis attorney appointed to bankruptcy court

October 31, 2012
IL Staff
Faegre Baker Daniels LLP partner James M. Carr has been appointed to a 14-year term as U.S. Bankruptcy Judge in the U.S. District Court for the Southern District of Indiana. Carr joins the bench Jan. 1.
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7th Circuit affirms block on Planned Parenthood defunding

October 23, 2012
Dave Stafford
An injunction against an Indiana law that blocks state Medicaid funding for Planned Parenthood has been upheld by the U.S. 7th Circuit Court of Appeals.
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5th annual Southern District Court history symposium Nov. 16

October 18, 2012
IL Staff
7th Circuit Court of Appeals Judges John Tinder and David Hamilton – both former judges in the U.S. District Court for the Southern District of Indiana, are two of the featured speakers at the fifth annual Court History and Continuing Legal Education Symposium in the Southern District.
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Attorneys not entitled to fees after agency drops order

October 11, 2012
Jennifer Nelson
Addressing for the first time what qualifies as a “prevailing party” under the Equal Access to Justice Act, the 7th Circuit Court of Appeals sided with several other appellate courts that have ruled on the issue.
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Judges order Social Security Administration to take another look at man’s claim

October 10, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has reversed the denial of a man’s request for disability benefits from the Social Security Administration because it found the administrative law judge didn’t adequately explain why the man hadn’t met requirements for a presumptive disability.
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7th Circuit rules against fired animal shelter worker

October 4, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed summary judgment for the city of Jeffersonville after finding that a terminated employee’s lawsuit claiming her firing violated the Americans with Disabilities Act can’t proceed because the woman doesn’t qualify as “disabled” under the ADA.
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State cannot enforce $1,000 cap on dental services for Medicaid recipients

September 26, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has left in place the preliminary injunction granted by Chief Judge Philip Simon last year that prevents the state from capping dental work for Medicaid recipients at $1,000 a year.
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7th Circuit affirms in part man’s convictions for producing fake documents

September 26, 2012
Jennifer Nelson
There is enough evidence to support two of the three convictions of an East Chicago man stemming from his making and selling various counterfeit documents, but photocopies in his possession cannot support his conviction of unlawful possession of five or more false identification documents.
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7th Circuit to hold arguments at Notre Dame Law School

September 26, 2012
IL Staff
The 7th Circuit Court of Appeals will hear arguments in three Indiana cases Oct. 1 at Notre Dame Law School, including a lawsuit filed by African-American police officers and firefighters in Indianapolis who claim the promotion process is racially discriminatory.
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Businesses alleging financial loss against insurer lose before 7th Circuit

September 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals ruled against a group of businesses that sued an insurance company claiming its failure to adequately pay G&S Metal Consultants Inc. following an explosion at the GSMC Georgia plant led to the plaintiffs suffering financial losses.
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Federal court to decide whether man asked attorney to appeal

September 17, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered a federal judge in the Southern District of Indiana to consider whether a defendant asked his attorney to appeal his designation of a career offender at sentencing, following a guilty plea.
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Former Marion County jail inmates lose appeal

September 14, 2012
Jennifer Nelson
Two former inmates who filed a class action lawsuit against the company that runs the Marion County Correctional Center couldn’t convince the 7th Circuit Court of Appeals that the court should rule in their favor. The men claimed the jail provided inadequate medical care and inhumane living conditions.
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Sex offender registry listings subject of court appeals

September 12, 2012
Dave Stafford
The 7th Circuit Court of Appeals says DOC must fix errors; The Indiana Court of Appeals recently heard an ex post facto claim.
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7th Circuit rejects disability appeal

September 7, 2012
Dave Stafford
An Indiana man lost his appeal of denial of Social Security disability benefits Friday at the 7th Circuit Court of Appeals.
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Title insurer had duty to defend

September 6, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found that Ticor Title Insurance Co. breached its duty to defend Home Federal Savings Bank on a counterclaim brought by a general contractor on the failed ethanol plant in Cloverdale.
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Court orders more proceedings on suit involving former Junior Achievement VP

September 5, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals Tuesday had to determine how best to read Section 510 of the Employment Retirement Income Security Act of 1974 to rule whether a former vice president of Junior Achievement of Central Indiana was fired because of his protests about the company’s failure to deposit money into his retirement account.
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Dismissed dental student loses suit against IU

August 30, 2012
Jennifer Nelson
The Indiana University School of Dentistry student kicked out of the program because of failing grades and allegations of professional misconduct lost her lawsuit because of failure to state a claim.
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7th Circuit vacates habeas petition, orders further proceedings

August 30, 2012
Jennifer Nelson
Although a District Court’s grant of the habeas petition of a man claiming he didn’t have an impartial jury was reversed by the 7th Circuit Court of Appeals, the case was sent back to the lower court for the state to show that the jury was not prejudiced.
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7th Circuit orders disability case back to administrative law judge

August 28, 2012
Because the Social Security Administration Appeals Council did not consider new evidence when it was presented – despite its own regulations requiring it to do so – the 7th Circuit Court of Appeals sent a disability insurance benefits case back to the administrative law judge for further proceedings.
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7th Circuit to DOC: Sex offender registry error safeguards insufficient

August 28, 2012
Dave Stafford
Indiana’s Sex and Violent Offender Registry provides insufficient means for those whose information is incorrect to challenge the information, the 7th Circuit Court of Appeals ruled Tuesday.
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Updated instructions aim to prevent social media use during trial

August 24, 2012
IL Staff
Federal judges have new guidelines for keeping Twitter and Facebook out of the jury box.
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Steak ’n Shake loses appeal over franchisee’s independent pricing

August 24, 2012
Dave Stafford
A longtime Steak ’n Shake franchisee who sued the chain after it insisted on setting prices for menu items prevailed again Friday as the 7th Circuit Court of Appeals affirmed an Illinois federal court’s ruling in the franchisee’s favor.
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7th Circuit rules trial attorneys not ineffective

August 23, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals declined to find a defendant's trial attorneys' representation objectively deficient or ineffective pertaining to how they handled a man’s sentencing hearing.
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Man had no constitutional right to counsel

August 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.
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Judges uphold insurers’ share of settlement liability

August 17, 2012
Jennifer Nelson
A District judge did not err in how he apportioned liability among three insurers for payment of a settlement between an injured worker and a contractor, the 7th Circuit Court of Appeals held Friday.
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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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