7th Circuit Court of Appeals

New trial ordered after expert testimony improperly excluded

December 18, 2014
Jennifer Nelson
A couple who brought a products liability claim against a ladder manufacturer and the store that sold the ladder are entitled to a new trial after the 7th Circuit Court of Appeals found the magistrate judge should not have struck their expert witness’s testimony. The couple lost their case as a result of the judge’s decision.
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Conour pursues wire fraud appeal

December 17, 2014
Dave Stafford
As ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge moves ahead, so do victim lawsuits that seek to collect damages from colleagues who practiced with him years earlier and from a Conour creditor.
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Federal judiciary receives budget boost

December 16, 2014
Marilyn Odendahl
The $1.1 trillion spending bill passed by the U.S. Congress as a government shutdown loomed included some relief for the federal judiciary.
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Rooker-Feldman doctrine bars man’s lawsuit alleging false statements

December 11, 2014
Jennifer Nelson
A man challenging a garnishment order entered in state court should have challenged the order in that court system instead of filing a federal lawsuit, the 7th Circuit Court of Appeals ruled Thursday. The judges affirmed the dismissal of his suit based on the Rooker-Feldman doctrine.
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Woman fails to prove discrimination claims after she lost counseling job

December 10, 2014
Jennifer Nelson
A woman who was not hired by the private company the Department of Correction contracted with to provide counseling for inmates could not prove the company’s decision was due to age or sex discrimination.
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Reservist entitled to full longevity pay despite time away from police force

December 10, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals held Tuesday that a Plymouth, Indiana, patrolman should receive the $2,700 in longevity pay he is entitled to from the city under an ordinance. The city cut the payment by two-thirds because the man served eight months on activity duty in the U.S. Air Force.
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7th Circuit reverses denial of benefits, blasts ALJ’s reasoning

December 5, 2014
Jennifer Nelson
Finding several things “wrong” with an administrative law judge’s decision denying a Fort Wayne woman’s application for Social Security Income for the years prior to her turning 55, the 7th Circuit Court of Appeals reversed and remanded for further proceedings.
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Conour appeal focuses on defense withdrawal, sentencing terms

December 3, 2014
Dave Stafford
Convicted fraudster and ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge argues the court failed to investigate his defense counsel’s withdrawal. His appeal also claims that the court wrongly imposed “suspicionless” searches and other conditions of supervised release following his imprisonment.
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Indiana’s cold beer law heading to 7th Circuit

December 2, 2014
Marilyn Odendahl
Convenience stores will soon have the chance to convince the 7th Circuit Court of Appeals that Indiana’s restrictions on cold beer sales violate the U.S. Constitution.
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7th Circuit declines collateral-order review in infertility lawsuit

December 2, 2014
Marilyn Odendahl
A Fort Wayne woman’s discrimination lawsuit against the Diocese of Fort Wayne-South Bend will continue despite the Catholic Church’s attempt to get the 7th Circuit Court of Appeals to intervene before trial and dismiss the complaint on religious freedom grounds.
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Evidence of felon’s gun tattoo not error

December 1, 2014
Dave Stafford
A defendant who took the stand in his federal trial for felony firearm possession failed to convince the 7th Circuit Court of Appeals Nov. 26 that the evidence of his gun tattoo should not have been admitted.
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7th Circuit reverses summary judgment in prison attack lawsuit

November 18, 2014
Marilyn Odendahl
Repeatedly drawing attention to the heavily redacted record and scant information about procedures, the 7th Circuit Court of Appeals tossed out a summary judgment granted to the government in a lawsuit stemming from a prison yard attack.
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Government’s legal error requires another look at convictions

November 13, 2014
Jennifer Nelson
The United States government conceded on appeal that its treatment of vehicle titles and license plates as “property” from the perspective of Indiana in order to convict defendants of conspiracy to commit mail or wire fraud was a legal error. The 7th Circuit Court of Appeals reversed the convictions but did not foreclose the possibility of retrial.
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Man convicted of making false statements on gun application to get new trial

November 10, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a Manilla, Indiana, man’s convictions of making false statements in connection with the purchase of a firearm, holding the trial court violated his due process right to present a mistake-of-fact defense.
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Appeals court weighing Indiana strip club dispute

November 5, 2014
 Associated Press
A federal appeals court is now considering whether northeastern Indiana city officials acted properly when they prevented a strip club from opening.
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7th Circuit will hear killer’s appeal en banc

October 31, 2014
IL Staff
The full 7th Circuit Court of Appeals will decide whether an Arkansas man on death row should die for killing a Texas woman nearly 20 years ago. The judges decided Wednesday to grant Bruce Carneil Webster’s petition for rehearing en banc.
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Court affirms dismissal of lawsuit alleging malicious prosecution

October 29, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the decision to dismiss a man’s Section 1983 lawsuit claiming malicious prosecution by a police officer and bank, finding the man never presented a viable constitutional violation to support the claim.
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7th Circuit reverses 2 special conditions with bank fraud conviction

October 28, 2014
Jennifer Nelson
The government conceded that a man convicted for using fraudulently produced credit cards should not be subjected to suspicionless searches and seizures by authorities, so the 7th Circuit Court of Appeals reversed that condition of his supervised release.
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Judges affirm DOE can counterclaim for repayment of student loans

October 28, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court that the U.S. Department of Education’s counterclaim for loan repayment, filed in a man’s lawsuit seeking to not have to repay his student loans, is not barred.
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Judges say Circuit split requires clarification from sentencing commission

October 22, 2014
Jennifer Nelson
A panel of judges on the 7th Circuit Court of Appeals affirmed a man’s 117-month prison sentence on drug and weapons charges, but two judges believed the case should have been heard en banc based on the importance of a sentencing issue.
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Error in admitting drug conviction was harmless, 7th Circuit rules

October 20, 2014
Marilyn Odendahl
Although a witness’s changed testimony did not open the door wide enough to allow the introduction of a defendant’s prior drug record, the prosecution’s case was still substantial without the improper evidence so the defendant’s federal conviction will stand.
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‘Common sense’ requires ruling in favor of inmate, judge says

October 15, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals reversed judgment in favor of jail officials on an inmate’s complaint that he was denied medical access while in jail. The judges did not agree with the magistrate judge’s decision that Randy Swisher had failed to exhaust his administrative remedies by not filing a written grievance.
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Strip club case heads to federal appeals court

October 10, 2014
 Associated Press
The 7th U.S. Circuit Court of Appeals in Chicago will hear arguments on whether a northeastern Indiana city acted properly when it prevented a Fort Wayne couple from opening a strip club.
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7th Circuit rules against insurer in jurisdiction dispute

October 7, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a federal court judgment in favor of an insurer after the insurer’s motion to intervene in a state court lawsuit on the same matter was denied. The federal court incorrectly determined the state court did not have jurisdiction over an injured worker’s lawsuit.
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Same-sex marriage rulings stand

October 6, 2014
IL Staff
The Supreme Court of the United States has let stand rulings from the 7th Circuit and other federal courts that will end laws against same-sex marriage in Indiana and other states.
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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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