7th Circuit Court of Appeals

Easterbrook: 7th Circuit 'nation's leader' in productivity

May 22, 2013
Dave Stafford
Chief Judge Frank Easterbrook of the 7th Circuit Court of Appeals presented his final State of the Circuit address during the Circuit conference this month in Indianapolis, describing the federal appellate court for Indiana, Illinois and Wisconsin as perhaps the nation’s most industrious.
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Lugar: I paid the price for support of Obama picks

May 22, 2013
Dave Stafford
Former Indiana Sen. Richard G. Lugar told members of the federal judiciary May 6 that his support of President Barack Obama’s Supreme Court appointees, opposed by many in his party, may have carried the greatest political cost of any decisions during his 36 years in the Senate.
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Memorable moments from the 7th Circuit Bar Association and Judicial Conference of the 7th Circuit

May 22, 2013
Marilyn Odendahl, Dave Stafford
Here are some highlights from the recent 7th Circuit Bar and Judicial Conference in Indianapolis.
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Lengthy gun sentence affirmed in 2011 hotel standoff

May 20, 2013
Dave Stafford
A federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase, assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August 2011.
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7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case

May 20, 2013
Dave Stafford
An Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be resentenced.
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Man’s prior conviction doesn’t render him a career offender

May 10, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current sentence should be reduced to reflect he isn’t a career offender.
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7th Circuit rejects claim that FMLA should be extended to non-eligible employees

May 8, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.
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7th Circuit: ‘Ransom demand’ requires third-party involvement

May 8, 2013
Jennifer Nelson
In order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the 7th Circuit Court of Appeals held Wednesday.
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Chief Justice Roberts says budget cuts translate into judicial furlough and layoffs

May 7, 2013
Marilyn Odendahl
Chief Justice of the United States John Roberts used part of his address to the 7th Circuit to highlight the fiscal constraints judges and courts are facing today.
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7th Circuit reaffirms drug conviction over claims of ineffective counsel

May 7, 2013
Dave Stafford
A man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the Northern District of Indiana.
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Lugar: Votes for Obama Supreme Court nominees carried heavy cost

May 6, 2013
Dave Stafford
Former Indiana Sen. Richard G. Lugar told members of the federal judiciary Monday that his support of President Barack Obama’s Supreme Court appointees, opposed by many in his party, may have carried the greatest political cost of any decisions during his 36 years in the Senate.
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Bankruptcy filings drop in Indiana, U.S.

April 29, 2013
IL Staff
Bankruptcy filings are down 14.4 percent for the 12-month period ending March 31 as compared to the same 12-month period ending March 31, 2012, according to statistics from the Administrative Office of the United States Courts.
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7th Circuit denies petitions seeking review of mine safety regulations

April 26, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals Friday found that the Federal Mine Safety and Health Administration acted within its statutory and constitutional authority in demanding review of employee medical records to ensure mines were not under-reporting injuries or illnesses.
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7th Circuit rules for employer on fired worker’s claims

April 25, 2013
Jennifer Nelson
An Italian-born naturalized U.S. citizen who sued his former employer for religious discrimination and defamation after he was fired could not prove his claims before the 7th Circuit Court of Appeals.
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SCOTUS declines review of injunction against Medicaid cap on dental work

April 22, 2013
IL Staff
The Supreme Court of the United States will leave undisturbed a ruling that blocked state efforts to cap dental work for Medicaid recipients at $1,000 per year.
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7th Circuit declines to overturn ruling on excessive force

April 18, 2013
Jennifer Nelson
A man who entered a conditional plea on drug charges couldn’t convince the 7th Circuit Court of Appeals Thursday that it should overturn a ruling that the use of excessive force during an arrest is not a basis for suppressing evidence.
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GE did not discriminate against employee

April 16, 2013
Jennifer Nelson
A longtime employee at the Bloomington General Electric Co. plant could not prove to the 7th Circuit Court of Appeals that the company discriminated against her because of a disability and retaliated against her when she filed a complaint with the Equal Employment Opportunity Commission.
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Judges affirm AUL Insurance owed no fiduciary duty to 401(k) plan

April 16, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has ruled in favor of an insurance company on a 401(k) plan trustee’s lawsuit that the insurance company's revenue-sharing practices breached a fiduciary duty under the Employment Retirement Income Security Act of 1974.
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7th Circuit affirms men’s drug convictions

April 16, 2013
Jennifer Nelson
In a consolidated appeal brought by two men convicted on charges stemming from a heroin conspiracy, the 7th Circuit Court of Appeals affirmed their convictions. Ronald Zitt, who went to trial, argued he was entitled to a mistrial. Joshua Wampler pleaded guilty but argued he should be allowed to appeal.
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Trial court needs to take another look at alibi defense

April 16, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a man’s petition for habeas corpus and ordered the District Court to take another look at the defense counsel’s alibi defense investigation.
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7th Circuit: Federal courts or juries can’t decide religious questions

April 10, 2013
Jennifer Nelson
Taking up three appeals stemming from a lawsuit filed surrounding control of religious documents and artifacts from the appearance of the Virgin Mary, the 7th Circuit Court of Appeals found that a federal judge erred in ruling that it should be up to a jury to decide whether a party to the lawsuit is still a religious sister.
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7th Circuit upholds precedent but asks for further guidance from U.S. Sentencing Commission

April 9, 2013
Marilyn Odendahl
Although a gun buyer had his sentence affirmed, his argument for reduced time has caused the 7th Circuit Court of Appeals to call upon the Sentencing Commission to clarify a section of the U.S. Sentencing Guidelines.
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7th Circuit revives suit for woman with MS fired from city job

April 9, 2013
Dave Stafford
An Indianapolis woman who worked in the city’s Department of Metropolitan Development and was diagnosed with multiple sclerosis may pursue her discrimination and retaliation claims under the Americans with Disabilities Act.
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7th Circuit affirms for employer in rental equipment fatality

April 9, 2013
Dave Stafford
An employer bears no liability in a lawsuit brought by the estate of a man who died operating a rented 40-foot boom lift, the 7th Circuit Court of Appeals ruled Monday.
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Broken gun still a firearm for felon-conviction purposes

April 4, 2013
Dave Stafford
A gun that can no longer shoot is still a gun for purposes of federal firearms convictions, the 7th Circuit Court of Appeals ruled Thursday.
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  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

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