7th Circuit Court of Appeals

Majority finds no violation of deceased inmate's 8th Amendment rights

February 18, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed summary judgment for a correctional medical services provider in a lawsuit alleging the company violated an inmate’s Eighth Amendment rights against cruel and unusual punishment.
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Court affirms murder, accessory convictions

February 18, 2016
Scott Roberts
The 7th Court of Appeals affirmed charges of first-degree murder and accessory after the fact to the murder against two federal prison inmates after each appealed the sufficiency of the evidence underlying their convictions.
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No demand futility in Biglari transactions

February 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals has affirmed a decision that a company did not commit demand futility during three transactions in 2013.
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7th Circuit disagrees with ALJ that woman is able to work

February 9, 2016
Marilyn Odendahl
In vacating the denial of an application for Social Security disability benefits, the 7th Circuit Court of Appeals admonished the administrative law judge for giving more weight to the opinion of the non-examining physician than to the diagnosis of the doctors who have been treating the applicant.
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Hoosier’s quest to reach public road ends at 7th Circuit

February 9, 2016
Marilyn Odendahl
The owner of a piece of southern Indiana property who could not reach his land because neighbors would not permit him to drive across their properties has lost his attempt to get to a main road.
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7th Circuit: Plea agreement forecloses sentence appeal

February 5, 2016
Jennifer Nelson
A man who pleaded guilty in federal court to drug charges is unable to challenge his sentence on appeal based on this plea agreement, the 7th Circuit Court of Appeals ruled Friday.
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Plaintiff failed to prove injury caused by crane lessor

February 4, 2016
Jennifer Nelson
A man severely injured at work by a crane failed to prove that a company breached a duty to inspect a certain part of a crane before delivering it to the renter for use, and that the alleged breach was the proximate cause of the injury, the 7th Circuit Court of Appeals ruled Wednesday.
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Federal court rejects convicted financier's sentence appeal

February 4, 2016
 Associated Press
A federal appeals court has rejected a former Indianapolis businessman's bid to shorten his 50-year sentence for defrauding investors of $200 million.
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7th Circuit finds cop’s sentence ‘light,’ orders resentencing

January 28, 2016
Jennifer Nelson
A Putnam County police officer convicted of purposefully seriously injuring two people while arresting them will be resentenced after the 7th Circuit Court of Appeals found his 14-month sentence to be “light” in comparison to similar cases.
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Selby, Ong nominated for federal bench

January 27, 2016
Marilyn Odendahl
Even before a confirmation hearing has been gaveled to order or a floor vote scheduled, one nominee to an Indiana vacancy on the federal bench is facing opposition as a home state senator renews his call for a nominating commission.
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7th Circuit upholds convictions in attempted post office robbery

January 20, 2016
Jennifer Nelson
A videotaped interview brought to light mid-trial and the suppressed personnel record of a detective did not constitute violations under Brady v. Maryland, warranting a new trial for a man convicted of aiding and abetting firearm use during the attempted robbery of a Fort Wayne post office in 2012.
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7th Circuit affirms denial of disability benefits

January 14, 2016
Dave Stafford
A worker with myriad health complaints failed to persuade the 7th Circuit Court of Appeals to reverse a district court’s decision denying him long-term Social Security disability benefits.
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Selby and Ong nominated to fill seats on the federal bench

January 13, 2016
Marilyn Odendahl
As the two Indiana nominees for a pair of vacancies on the federal bench begin the confirmation process, one Indiana senator is withholding his support of the candidate for the 7th Circuit Court of Appeals.
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Former Indiana justice, assistant U.S. attorney nominated for federal bench vacancies

January 12, 2016
Marilyn Odendahl
President Barack Obama has announced his nominations for two federal judicial openings in Indiana.
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Employed physician fails to show hospital ‘blemished’ his reputation

January 12, 2016
Marilyn Odendahl
A central Indiana radiologist was not deprived of property when Tipton Hospital cancelled his medical privileges and the contract with his professional corporation, according to the 7th Circuit Court of Appeals.
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Man’s federal claims against Noblesville police fail

January 5, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court ruling granting summary judgment in favor of law enforcement officers on a man’s claims alleging false arrest and excessive force.
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Donnelly hopeful Indiana’s federal court vacancies will be filled soon

December 30, 2015
Marilyn Odendahl
With U.S. District Judge Robert Miller Jr. preparing to take senior status in January, Indiana will have three judicial vacancies to fill on the federal bench.
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Indiana’s alcohol laws withstand court challenges

December 30, 2015
Marilyn Odendahl
Recent rulings from state and federal courts underscore that while Indiana’s alcohol laws may be silly, quirky and arcane, they are not so easily changed.
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7th Circuit rejects Conour’s bid to remove judge

December 24, 2015
Dave Stafford
Convicted fraudster and former Indianapolis attorney William Conour won’t get to represent himself for now, nor will he succeed in getting the federal judge he claims is biased thrown off his case.
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7th Circuit orders new resentencing hearing

December 21, 2015
Jennifer Nelson
A man who appealed the parts of his Section 2255 proceeding that were denied, as well as his new criminal judgment entered on rehearing, will be getting a new sentencing hearing, the 7th Circuit Court of Appeals determined Monday.
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7th Circuit divided over injunction in defamation case

December 18, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals Friday found an injunction issued in a case involving religious artifacts and defamation claims was entirely too broad and threatened to silence the defendants completely. But the judges were split over whether the district court should be able to modify the injunction.
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Monarch Beverage again fails in liquor distribution suit

December 17, 2015
Marilyn Odendahl
Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.
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Indiana’s cold beer prohibition survives rational-basis review

December 15, 2015
Marilyn Odendahl
Finding retailers did not meet their burden in attempting to overturn one of Indiana’s quirky alcohol laws, the 7th Circuit Court of Appeals ruled the state’s limits on the sale of cold beer is not unconstitutional.
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Ex-Subway pitchman Jared Fogle appealing child porn sentence

December 15, 2015
 Associated Press
Former Subway pitchman Jared Fogle is appealing the more than 15-year prison sentence he received for possessing child pornography and having sex with underage prostitutes, which was longer than the maximum term prosecutors agreed to pursue as part of his plea deal.
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7th Circuit upholds Indiana’s cold beer law

December 14, 2015
Marilyn Odendahl
Cold beer will continue to be sold only by licensed liquor stores in Indiana. The 7th Circuit Court of Appeals has upheld state law that prohibits convenience stores, gas stations and other retailers from selling beer cold.
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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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