7th Circuit Court of Appeals

7th Circuit to rehear Ivy Tech discrimination case Wednesday

November 29, 2016
Marilyn Odendahl
The 7th Circuit Court of Appeals will again consider whether the protections offered by Title VII of the 1964 Civil Rights Act extend to sexual orientation.
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7th Circuit dismisses appeal based on waiver

November 28, 2016
Olivia Covington
The 7th Circuit Court of Appeals has dismissed a convicted murderer’s appeal arguing that the waiver of his right to appeal should be ignored because his sentence was outside statutory requirements, calling the man’s argument “undesirable” and “nonsensical.”
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Appeals court blocks 'Making a Murderer' inmate's release

November 17, 2016
 Associated Press
A Wisconsin prison inmate whose case was featured in the Netflix series "Making a Murderer" will stay behind bars while state attorneys appeal a decision overturning his conviction, a panel of federal appellate judges ruled Thursday.
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Wisconsin to appeal to feds over 'Making a Murderer' inmate

November 16, 2016
A federal judge told Wisconsin prison officials on Wednesday that they must release an inmate featured in the Netflix series "Making a Murderer" by Friday evening.
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Ong still has path to Southern District seat

November 9, 2016
Marilyn Odendahl
With Republicans set to control the White House, U.S. Senate and House of Representatives, the fate of Indiana’s judicial nominees to the federal bench is even more uncertain, but one court-watcher believes Winfield Ong might be confirmed.
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Plaintiffs in Carmel class-action traffic lawsuit file appeal

November 7, 2016
Lindsey Erdody, Indianapolis Business Journal
The plaintiffs in a federal class-action lawsuit filed against the city of Carmel for its enforcement of a local traffic ordinance are appealing the dismissal of the case in early October.
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7th Circuit vacates brandishing sentence for lack of jury finding

November 1, 2016
Olivia Covington
A man convicted of attempted robbery in Indiana federal court will be resentenced after the 7th Circuit Court of Appeals found Tuesday that the jury failed to find that the defendant had actually aided and abetted the brandishing of firearms during the robbery.
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State appealing $31M judgment against DCS workers

November 1, 2016
IL Staff
The state of Indiana is asking the 7th Circuit Court of Appeals to review the $31 million jury verdict awarded to a Pulaski County family after they sued Department of Child Services workers and others for the wrongful removal of their children and prosecution of the parents.
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7th Circuit affirms jury verdict in injured railroad worker's suit

October 27, 2016
Olivia Covington
A jury correctly ruled against an employee of the railroad company CSX Transportation Inc. who sued his employer after an on-the-job accident that resulted in severe back pain, citing evidence that proved the pain existed before the accident, the 7th Circuit Court of Appeals decided Thursday.
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7th Circuit upholds drug offender’s conviction, vacates life sentence

October 25, 2016
Olivia Covington
A man convicted of multiple drug offenses and sentenced to a life term in prison will soon receive a new sentence after the 7th Circuit Court of Appeals vacated it on Tuesday.
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State appeals judgment for deaf litigant denied interpreter

October 25, 2016
IL Staff
The state of Indiana is appealing a federal court ruling that a deaf Indianapolis man was discriminated against when he was denied an interpreter for a court-ordered mediation session in his child custody case.
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Pence mum on continuing anti-Syrian refugee fight gubernatorial candidates reject

October 19, 2016
Dave Stafford
Gov. Mike Pence’s fight to keep Syrian refugees out of Indiana may continue — as his term is expiring, he hasn’t said whether he will appeal federal court rulings that his position is discriminatory. Nevertheless, the candidates vying to succeed him as governor oppose the stance he’s unsuccessfully fought for.
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Indy jail wrongful-detention suit order appealed to 7th Circuit

October 17, 2016
Dave Stafford
A judge’s ruling denying class-action certification for a group of people held in the Marion County Jail, sometimes for days after posting bond, has been challenged at the 7th Circuit Court of Appeals.
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Dozens of judge nominees wait on Senate as time dwindles

October 17, 2016
 Associated Press, IL Staff
Senate confirmation of President Barack Obama's nominees slowed to a halt this election year, a common political occurrence for the final months of divided government with a Democratic president and a Republican-controlled Senate. But more than 90 vacancies in the federal judiciary are taking a toll on judges, the courts and Americans seeking recourse.
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Full 7th Circuit to hear Ivy Tech sexual orientation discrimination case

October 11, 2016
IL Staff
The 7th Circuit Court of Appeals on Tuesday granted an ex-Ivy Tech employee’s request for the full court to hear her sexual orientation discrimination case against the school.
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Law professor calls for Selby to be confirmed to 7th Circuit

October 7, 2016
Marilyn Odendahl
With the U.S. Senate adjourned until after the presidential election and the chances for judicial confirmations dwindling, an article just published by a Virginia law professor calls for former Indiana Supreme Court Justice Myra Selby to be appointed to the 7th Circuit Court of Appeals.
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7th Circuit rejects former Bloomington employee’s request to defer restitution

October 7, 2016
Olivia Covington
The 7th Circuit Court of Appeals has rejected a former Bloomington city employee’s argument that his restitution debt should be deferred to his release from prison because he is limited to paying only 10 percent of his income toward that debt each month.
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Exodus: Syrian refugees ‘not who Pence and others claim’

October 4, 2016
Dave Stafford
Fresh off a defeat of Gov. Mike Pence’s effort to bar Syrian war victims from settling in Indiana, the leader of a refugee resettlement program said the agency’s work assisting them will continue.
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7th Circuit: Schizophrenia meets ‘severe impairment’ requirement for disability insurance

October 4, 2016
Olivia Covington
The 7th Circuit Court of Appeals has ruled that an undisputed diagnosis of schizophrenia should be considered a “severe impairment,” an opinion that will allow an Indiana man to have another chance to receive disability insurance benefits after he was forced to quit his job because of his mental illness.
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7th Circuit affirms order against Pence in Syrian refugee case

October 3, 2016
Dave Stafford
Calling Gov. Mike Pence’s objection to the resettlement of Syrian refugees in Indiana because they may pose a terrorism threat “nightmare speculation,” the 7th Circuit Court of Appeals Monday rejected the governor’s appeal of rulings blocking his bid to withhold federal funding to an agency assisting war victims.
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7th Circuit proposes changes to maximum word counts for briefs

September 27, 2016
IL Staff
The clerk of the 7th Circuit Court of Appeals announced Tuesday proposed new and amended circuit rules dealing with maximum word counts for briefs.
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7th Circuit Court orders issuance of writ of habeas corpus for convicted murderer

September 26, 2016
Olivia Covington
The full 7th Circuit Court of Appeals has ordered that writ of habeas corpus or a new trial be ordered for a man convicted of three murders and sentenced to death, finding that state courts incorrectly omitted a key piece of evidence in the defense’s case.
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7th Circuit Court finds former county employee’s FLSA rights were not violated

September 23, 2016
Olivia Covington
The 7th Circuit Court of Appeals found Thursday that Tippecanoe County adequately compensated a former employee who sued the county for violation of his rights under the Fair Labor Standards Act.
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7th Circuit affirms decision not to hold special election for judges

September 22, 2016
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a district court’s decision not to order a special election for Marion County Superior judges after two candidates for judge said their names were unconstitutionally kept off of the general election ballot.
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Judges blister Pence’s position, solicitor general in Syrian refugee case

September 15, 2016
Dave Stafford

Near the conclusion of more than 50 sometimes shouted questions and incredulous interruptions of Indiana Solicitor General Thomas Fisher on Wednesday, exasperated 7th Circuit Court of Appeals Judge Richard Posner said to him, “Honestly. You are so out of it.”

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  1. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  2. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  3. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  4. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  5. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

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