7th Circuit Court of Appeals

Circuit Court: Spreadsheets OK as evidence

January 15, 2009
Jennifer Nelson
A Terre Haute company and its president lost an appeal of their convictions and sentence for making materially false statement reports under the Clean Water Act.
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7th Circuit addresses challenges under the RFARestricted Content

January 12, 2009
Jennifer Nelson
7th Circuit adresses for the first time who could bring a challenge to a regulatory flexibility analysis or certification under the Regulatory Flexibility Act.
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Court: Driver didn't prove discrimination

January 9, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a truck driver's former company in the driver's suit against it for discrimination, finding he failed to present a genuine issue of material fact in his Americans with Disabilities Act claims.
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Sexual misconduct may not be abusive

January 5, 2009
Jennifer Mehalik
The 7th Circuit Court of Appeals vacated today a man's sentence following a guilty plea on a child pornography charge because it was unsure whether his previous conviction in Indiana for sexual misconduct with a minor should be considered abusive and allow for his minimum sentence to be increased.
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7th Circuit rules on sex offender registrationRestricted Content

December 22, 2008
Michael Hoskins
A reasonable grace period is required before the federal government can enhance a convicted sex offender's punishment for not registering after a move to a new state, the 7th Circuit Court of Appeals ruled today.
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Men took substantial steps to commit crime

December 18, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals addressed the same issue in two separate Indiana cases of men chatting on the Internet with people they believed to be teen girls: whether there was evidence the men had taken "substantial steps" toward committing the crimes of enticing a minor to engage in criminal sexual activity.
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7th Circuit: Woman has claim for relief

December 9, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals disagreed today with a District Court's dismissal of a woman's complaint against the federal government, finding she had stated a claim for relief following her dismissal from her job as a result of a Federal Protective Service investigation.
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Court: Lawyer necessary in federal litigation

December 5, 2008
Jennifer Nelson
Although the 7th Circuit Court of Appeals affirmed the convictions of a defendant and his company for violations of the Clean Water Act in an unpublished opinion today, the appellate court wrote a separate opinion to discuss the issue of whether a limited liability corporation can proceed pro se in federal litigation if an attorney had already worked on the case.
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Man can't collaterally attack sentence again

December 4, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under the same section.
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Police not responsible for woman's murder

November 24, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the dismissal of a woman's lawsuit against Vanderburgh County officials following the death of her daughter because there isn't a federal constitutional right to be protected by the government against private violence when the government isn't complicit.
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Judgment for prison employees affirmed

November 21, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of prison employees in an inmate's Eighth Amendment violations suit, finding the inmate's lack of cooperation in providing details of threats against him prohibited the officials from protecting him from an attack by another inmate.
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7th Circuit cautions about propensity inferenceRestricted Content

November 20, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals today affirmed a man's drug convictions with intent to distribute, but questioned how a previous drug conviction showed the man had intent or absence of mistake in the instant case.
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Man not fired for being 'whistle-blower'

November 19, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a plaintiff's former company, finding no evidence the company fired him in retaliation for being a whistle-blower.
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7th Circuit denies injunction in voter ID suitRestricted Content

November 11, 2008
Michael Hoskins
For those photo-showing voters who cast ballots on Nov. 4, rest assured that the 7th Circuit Court of Appeals in Chicago isn't going to interfere in the election process already concluded.
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7th Circuit: taxpayer suit for restitution is mootRestricted Content

October 14, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the District Court's dismissal of a taxpayer suit against the secretary of the U.S. Department of Education as moot, finding the taxpayers didn't have standing to sue for violations of the Establishment Clause based on a ruling from the U.S. Supreme Court.
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7th Circuit: Man failed to show sexual harassmentRestricted Content

October 10, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a District Court's ruling in favor a man on his retaliation claim under Title VII of the Civil Rights Act, finding the man didn't believe his supervisor's advances and threats were illegal.
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Forfeiture of money to FBI allowed

October 1, 2008
Jennifer Nelson
A man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt to inform the man of the seized money.
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LLCs must have attorneys in federal court

September 26, 2008
Jennifer Nelson
Owners of limited liability companies must be represented by an attorney to appeal a decision in federal court, ruled the 7th Circuit Court of Appeals today.
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7th Circuit panel visits Indy law school

September 24, 2008
Michael Hoskins
A 7th Circuit Court of Appeals panel converged on the Indiana University School of Law - Indianapolis campus Tuesday to hear three appellate arguments in its' first visit in more than a decade.
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7th Circuit to hear arguments at law school

September 22, 2008
IL Staff
The 7th Circuit Court of Appeals travels Tuesday to hear arguments at Indiana University School of Law - Indianapolis.
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Case vacated over jurisdictional questions

September 10, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals remanded a case to an Indiana District Court to determine whether the plaintiffs in a suit have citizenship in Indiana or Arizona.
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7th Circuit upholds jury award reductionRestricted Content

September 9, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a District Court's grant of a motion for judgment as a matter of law on a breach of contract claim, finding a previously granted jury award of damages was based on speculation.
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President nominates federal judge for 7th Circuit

August 29, 2008
Michael Hoskins
President George W. Bush has nominated U.S. District Judge Philip P. Simon to the 7th Circuit Court of Appeals in Chicago.
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7th Circuit won't rehear in vitro caseRestricted Content

August 22, 2008
Michael Hoskins
The full 7th Circuit Court of Appeals won't rehear a case of first impression involving an Indiana woman's claim that she was wrongfully fired for taking time off for in vitro fertilization, and attorneys haven't decided whether to seek further review by the U.S. Supreme Court.
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7th Circuit affirms, reverses wine rulingRestricted Content

August 8, 2008
Michael Hoskins
The 7th Circuit Court of Appeals has recognized Indiana's interest in keeping wine out of minors' hands, ruling that Hoosiers who want to order alcohol online or by phone will have to first make face-to-face contact at a winery to verify their age before being allowed to make the purchase.
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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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