7th Circuit Court of Appeals
Judges uphold insurers’ share of settlement liability
August 17, 2012
Jennifer NelsonA 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.
More7th Circuit rules in favor of attorneys in failed business investment
August 16, 2012
Jennifer NelsonA group of investors suing attorneys who worked on the establishment of two business entities – which later failed –
were unable to show the 7th Circuit Court of Appeals that the attorneys owed the investors any legal duty.
MoreITT college director fails in federal appeal over dismissal
August 14, 2012
Dave StaffordA former director of a California ITT Technical Institute campus failed to convince the 7th Circuit Court of Appeals that
he was terminated because he complained about the way the school handled federally subsidized student loans and grants.
MoreInmate’s suit alleging 8th Amendment violation allowed to continue
August 9, 2012
Jennifer NelsonA federal judge was incorrect in dismissing an inmate’s lawsuit alleging Eighth Amendment violations by prison staff
who ignored his abdominal pain for months until the inmate was diagnosed with ulcerative colitis, the 7th Circuit Court of
Appeals ruled.
MoreAttorney can’t recast untimely 4th Amendment claim against prosecutor
August 8, 2012
Jennifer NelsonThe Muncie attorney who sued former Delaware County Prosecutor Mark McKinney, alleging due process violations following his
arrest and acquittal on conspiracy to commit bribery charges, lost his appeal before the 7th Circuit Court of Appeals. The
judges found the attorney was trying to recast an untimely false arrest claim into a due process claim.
More7th Circuit upholds ruling in favor of borrowers
August 3, 2012
Jennifer NelsonA dispute between a lender and subsidiaries created by a restaurant owner to refinance its debt made its way before the 7th
Circuit Court of Appeals for the second time. This time, the judges ruled in favor of the borrowers.
More7th Circuit affirms ruling against fired employee
August 3, 2012
Jennifer NelsonCarrier Corp. had an “honest suspicion” that one of its employees was abusing his leave under the Family Medical
Leave Act, so the District Court was correct in granting summary judgment for Carrier in the fired employee’s lawsuit.
MoreBankruptcy filings down across country, Indiana
August 3, 2012
IL StaffBankruptcy filings are down 14 percent across the country for the 12-month period ending June 30, 2012, as compared to the
year ending June 30, 2011, the Administrative Office of the United States Courts reported Friday. Filings are down by at least
13 percent in Indiana courts.
MoreFederal courts rule against overtime in pharmaceutical cases
August 1, 2012
Marilyn OdendahlIn a pair of decisions, the U.S. Supreme Court and the 7th Circuit Court of Appeals examined different exemption provisions
to overtime requirements of the Fair Labor Standards Act but reached the same conclusion: Pharmaceutical sales representatives
are not entitled to overtime pay.
MoreWorker's disability denial affirmed at 7th Circuit
July 31, 2012
Dave StaffordA former worker whose degenerating discs and spondylolisthesis caused her to no longer be able to work as a sales rep for
AstraZeneca was not improperly deprived of benefits when the insurer terminated them.
MoreCoachmen, All-American win appeal in hotel dispute
July 30, 2012
Dave StaffordThe 7th Circuit Court of Appeals affirmed a District Court ruling in favor of two Indiana companies that were involved in
a Tennessee hotel project that failed to develop.
More$2.9M verdict in mill accident case upheld
July 27, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals has affirmed the admittance of an expert’s opinion as to causation of an accident at
a northern Indiana steel rolling mill, finding the federal court properly denied a company’s Daubert motion
to bar that testimony.
More7th Circuit reverses ACCA enhancement
July 24, 2012
Jennifer NelsonBased on a sparse record of evidence that the District Court could consider in determining whether a man can be sentenced
under the Armed Career Criminal Act, the 7th Circuit Court of Appeals found the government didn’t meet its burden to
prove two of the man’s previous convictions from events on the same day were separate predicate offenses under the Act.
MoreJudges affirm construction company had to pay into union funds
July 23, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals agreed with an Indiana federal court that a construction company that entered into a working
agreement with a cement masons union had to contribute to two funds for all hours worked, not just bargaining unit work.
MoreMan not entitled to disability benefits
July 20, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals was sympathetic to a man’s medical condition but affirmed the decision by an administrative
law judge that he’s not disabled is supported by the evidence.
More7th Circuit certifies questions for Kansas Supreme Court
July 12, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals was unable to determine under Kansas law how that state’s Supreme Court would rule
on whether FedEx drivers are employees or independent contractors, so the court sent two certified questions to the Kansas
justices.
MoreJudges disagree over impact of mental illness label at sentencing
July 11, 2012
Jennifer Nelson7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin
College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts
should testify about his mental illness.
More7th Circuit upholds conviction over DEA agent withholding evidence
July 6, 2012
Dave StaffordA man convicted of federal charges of distributing cocaine was not deprived a fair trial after a government agent failed to
record or relay exculpatory evidence from a co-defendant, the 7th Circuit Court of Appeals ruled Friday.
More7th Circuit affirms life sentences in prostitution ring
July 6, 2012
Dave StaffordTwo men sentenced to life in prison on an assortment of federal charges related to a prostitution ring involving underage
girls that operated in northwest Indiana failed in their appeal before the 7th Circuit Court of Appeals on Friday, but judges
asked the trial court to clarify the sentence for a third defendant.
More7th Circuit reinstates insurer’s case against shipper
July 5, 2012
Dave StaffordAn insurer’s lawsuit against an Indianapolis-based shipping company involving a loss of more than $1 million has been
reinstated by the 7th Circuit Court of Appeals.
More7th Circuit receives 52 applications for bankruptcy judgeships
July 2, 2012
IL StaffThe Judicial Council of the 7th Circuit Court of Appeals received 52 applications from people interested in filling two upcoming
bankruptcy court vacancies on the U.S. District Court for the Southern District of Indiana. The court previously announced
that Judges Anthony Metz III and Frank J. Otte will retire this year.
More7th Circuit tosses IU dorm-search lawsuit
June 29, 2012
Dave StaffordAn Indiana University student’s federal lawsuit seeking a preliminary injunction to prevent his one-year suspension
was dismissed Friday by the 7th Circuit Court of Appeals.
More7th Circuit affirms summary judgment for employer in FMLA suit
June 28, 2012
Dave StaffordAn employer was within its rights to terminate an employee who attempted to take off work under the Family and Medical Leave
Act but then sought no treatment, the 7th Circuit Court of Appeals ruled Thursday.
More7th Circuit dismisses case for mootness
June 27, 2012
Jennifer NelsonThe appeal of an eviction initiated by the Housing Authority of South Bend was dismissed by the 7th Circuit Court of Appeals
because the woman and her son have already been evicted.
MoreDurham attorney vows to appeal guilty verdict
June 22, 2012
Cory SchoutenAn attorney for convicted fraud mastermind Tim Durham vowed Thursday to appeal the case to the U.S. Supreme Court if necessary
to prove his client did nothing wrong.
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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.