7th Circuit Court of Appeals

Man loses challenge to robbery being a violent felony under ACCA

August 15, 2016
Jennifer Nelson
A man serving 15 years for drug and gun charges thanks to three prior convictions of robbery in Indiana could not convince the 7th Circuit Court of Appeals that robbery under Indiana law involving only the fear element isn’t a violent felony under the Armed Career Criminal Act.
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7th Circuit: Defendants didn’t prove dismissal for forum non conveniens

August 12, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered an Indianapolis federal court to take another look at a case involving a Canadian resident who sued moving companies for destroying his property he attempted to move from India to St. John’s, Canada.
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Majority: Attempt to collect stale debt not deceptive

August 11, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals was divided Wednesday over whether debt collectors violated the Fair Debt Collection Practices Act when they attempted to collect stale debts in Chapter 13 bankruptcy proceedings.
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6 years after finding flaws in disability benefits case, 7th Circuit remands again

August 10, 2016
Jennifer Nelson
Fifteen years after a woman first applied for disability benefits based on degenerative disk disease, obesity, depression, and other ailments, she continues to fight the denial of benefits by the Social Security Administration. On Tuesday, the 7th Circuit Court of Appeals ordered the SSA take another look at her case, the second time it has done so.
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Former Ivy Tech prof may ask 7th Circuit to rehear sexual orientation discrimination suit

August 10, 2016
Marilyn Odendahl
The 7th Circuit Court of Appeals has granted a former Ivy Tech Community College adjunct professor, who claims she was passed over for promotions based on her sexual orientation, an extension of time to file a petition for rehearing and rehearing en banc.
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7th Circuit dogs insurer’s defense

August 9, 2016
Marilyn Odendahl
An insurance company’s argument that a houseguest injured by the family dog was legally responsible was mauled, chewed and spit out by the 7th Circuit Court of Appeals.
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‘Chop shop’ operator’s convictions upheld by 7th Circuit

August 4, 2016
Jennifer Nelson
An Indianapolis man who ran a modern-day “chop shop” in which he stole cars, altered identification numbers and resold them was unable to convince the 7th Circuit Court of Appeals that his convictions and sentence require reversal.
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Judge thinks cop convicted of murder deserves new trial

August 4, 2016
Jennifer Nelson
A 7th Circuit Court of Appeals judge dissented from his colleagues’ affirmation of an Evansville police officer’s murder and arson convictions, believing the evidence presented by the state doesn’t support that the man started the fire at his ex-lover’s house.
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7th Circuit denies rehearing in Conour creditor suit

August 1, 2016
Dave Stafford
The long road for some victims to recover any of the settlement money former attorney William Conour stole from them may be closer to an end. The 7th Circuit Court of Appeals denied requests to reconsider the court’s decision putting Conour’s victims before a creditor who sued over a defaulted line of credit.
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7th Circuit takes detailed look at Title VII, sexual orientation claims

July 29, 2016
Jennifer Nelson
Noting the writing may be on the wall that people who bring sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964 should be protected, the 7th Circuit Court of Appeals was bound by precedent to deny a woman’s claim against Ivy Tech Community college in South Bend.
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4 Circuit judges want new trial in polygraph denial case

July 29, 2016
Jennifer Nelson
Four 7th Circuit Court of Appeals judges believed that a man who had evidence admitted at trial of his refusal to take a polygraph test deserves a new trial. The 7th Circuit Thursday denied rehearing David Resnick’s case en banc.
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7th Circuit: Court needs permission to revise supervised release conditions once appealed

July 28, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals declined to overrule recent precedents in a man’s appeal involving his supervised release conditions and instead adopted a rule of practice for the Circuit.
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7th Circuit sets arguments in Exodus vs. Pence Syrian refugee case

July 27, 2016
Dave Stafford
Indiana Gov. Mike Pence’s appeal of a ruling blocking his bid to suspend resettlement of Syrian war refugees in the state will be heard by the 7th Circuit Court of Appeals less than two months before voters decide if he will be the nation’s next vice president.
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7th Circuit remands disability benefits denial

July 27, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals found an administrative law judge had improperly cherry picked a man’s medical record and reversed the denial of his disability benefits.
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7th Circuit: Insurer must defend against pill mill lawsuit

July 25, 2016
Marilyn Odendahl
An insurance company will have to defend its client pharmaceutical distributor in fending off a West Virginia lawsuit seeking restitution for the epidemic of prescription drug abuse.
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Elkhart teacher loses age-discrimination appeal

July 25, 2016
The 7th Circuit Court of Appeals on Friday rejected an appeal of an Elkhart teacher who claimed the school system discriminated against her on the basis of her race and age in denying her 12 different promotions over a span of eight years.
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Appeals court sends request for benefits back to Social Security office

July 21, 2016
Jennifer Nelson
A federal court in Indianapolis never should have affirmed the denial of Supplemental Security Income sought by an intellectually disabled woman because the administrative law judge’s decision was unsupported by the record, the 7th Circuit Court of Appeals held Wednesday.
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7th Circuit: Judge should have disqualified herself in sentence challenge

July 21, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals ruled Wednesday that a federal judge in Indianapolis should have excused herself from hearing a man’s petition regarding his sentence because she was the one who sentenced him while she was a judge in state court. In doing so, the federal appellate court overturned two lines of decisions.
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Conour asks 7th Circuit for non-public defender to reopen appeal

July 15, 2016
Dave Stafford
Former Indiana lawyer William Conour filed a pro se jailhouse pleading Thursday asking the 7th Circuit Court of Appeals to appoint a non-public defender at taxpayer expense to reopen the limited appeal of his wire fraud conviction.
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Time running out to get Indiana judicial nominees confirmed

July 14, 2016
Marilyn Odendahl
Three Democratic senators failed in their attempt Wednesday to force the Senate to hold a vote on the nominees to the federal bench, creating more doubt as to how many judges will be confirmed before the end of the year.
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Democratic senators pushing for vote on federal nominees

July 13, 2016
Marilyn Odendahl
Some Democratic senators in the U.S. Senate Wednesday are calling for unanimous consent to hold a floor vote on the judicial nominations, including Winfield Ong who has been nominated for the U.S. District Court for the Southern District of Indiana.
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Asylum seeker from Indiana wins reprieve

July 13, 2016
Dave Stafford
A Chinese national living in Indiana persuaded the 7th Circuit Court of Appeals he was wrongly denied asylum for his claim that he was severely beaten and left hospitalized for months after he vocally opposed state agents enforcing the country’s one-child policy.
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7th Circuit tosses legal fees suit arising from bankruptcy case

July 8, 2016
Dave Stafford
An unsecured creditor’s lawsuit against two law firms over legal fees collected for services provided to a bankrupt Fort Wayne company’s estate should not have proceeded, the 7th Circuit Court of Appeals ruled Friday.
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Lack of evidence divides judges on false claims suit

July 8, 2016
Jennifer Nelson
Based on the evidence presented before it on a False Claims Act lawsuit brought by a labor union, the 7th Circuit Court of Appeals decided to affirm summary judgment in favor of the union member’s company. But the dissenting judge believed the record required remand for a trial.
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Conour defender asks off case, cites ‘near adversarial relationship’

July 7, 2016
Dave Stafford
A federal public defender representing former attorney William Conour has asked the 7th Circuit Court of Appeals to remove her “due to the near adversarial relationship now existing between attorney and client.”
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  4. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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