Judge Richard A. Posner

7th Circuit: Marriage law is unconstitutional

September 10, 2014
Marilyn Odendahl
Indiana’s assertion that preventing same-sex marriage encourages responsible procreation among heterosexuals was unequivocally rejected Sept. 4 in a blistering opinion from the 7th Circuit Court of Appeals, which said the state’s argument could not be taken seriously.
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7th Circuit rejects egg farm's arguments

November 1, 2011
Jennifer Nelson
The insurers of a large-scale egg producer in southern Indiana accused of fixing the price of eggs don’t have to defend the farm on the antitrust complaint because the farm had not raised a defense that would be covered under the policies.
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7th Circuit finds remand to be unreviewable

July 21, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals looked at the issues of removal and remand in the context of bankruptcy in a case July 21 and found the bankruptcy court’s decision to remand a case to state court is unreviewable.
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Court tackles 'sexual activity' meaning in statute

April 7, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
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7th Circuit rules on Rolls-Royce job-bias case

March 31, 2011
Michael Hoskins
A day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history, the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying women less than men for the same or similar work.
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7th Circuit reverses on relation back issue

March 14, 2011
Jennifer Nelson
A plaintiff attempting to sue his employer for breach of contract should have been able to file an amended complaint with relation back to the date of the original complaint in order to correct the defendant even though the statute of limitations had expired, the 7th Circuit Court of Appeals concluded today.
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7th Circuit denies petition to remove judge

March 4, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals denied a man’s petition for writ of mandamus to remove a federal judge from a case he is involved with that’s still pending in District Court. The man failed to intervene in the case and his interest in the case is too uncertain to give him the rights of a party automatically, the judges ruled Friday.
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7th Circuit: Staff should have told inmate to stop taking aspirin

January 26, 2011
Jennifer Nelson
A District Court erred in granting summary judgment for the government on an inmate’s suit claiming his complications from a surgery were the result of the prison medical staff disregarding instructions he stop taking blood thinners prior to his surgery.
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Judges order consideration of discovery demands

January 24, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a Northern Indiana District Court to reconsider a German company’s discovery demands made in relation to a lawsuit pending in Germany over the alleged theft of trade secrets.
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Judges reverse dismissal of prisoner's suit

January 19, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the dismissal of a prisoner’s civil rights suit that stemmed from his lack of gloves while working in the cold to remove tree stumps.
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3 judges dissent on rehearing denial in stun belt case

January 14, 2011
Michael Hoskins
The full 7th Circuit Court of Appeals has decided to not rehear an Indiana case about a convicted murder’s ineffective assistance of trial counsel claims relating to a stun belt used in court, though three judges disagreed and felt the northern Indiana federal judge’s decision should be upheld.
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7th Circuit first to decide on resentencing, procedural rule issue

January 4, 2011
Michael Hoskins
The 7th Circuit Court of Appeals today ruled on an issue that hasn’t been addressed by any of its counterparts nationwide, finding that sentencing guidelines revised three years ago still only give District judges one chance to modify penalties based on a federal criminal rule of procedure.
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7th Circuit order changes wording in public-records opinion

December 9, 2010
Rebecca Berfanger
In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”
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Circuit Court reverses stay on producing public records

November 29, 2010
Jennifer Nelson
A northern Indiana District Court was wrong in granting a Wisconsin city’s motion for a stay, which allowed the city to withhold public records from the bank suing it for violating securities law, the 7th Circuit Court of Appeals concluded today. The issue was whether the order issued by a state court for the city to produce the documents could be stayed by federal law because the request constituted discovery proceedings.
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7th Circuit affirms attorney's fees award under Lanham Act

November 23, 2010
Rebecca Berfanger
Finding a plaintiff’s actions frivolous, the 7th Circuit Court of Appeals today has affirmed a District Court’s grant of attorney’s fees to a company that successfully defended itself after selling lamps to the plaintiff home health care provider. The 7th Circuit also granted the defendant’s motion for fees and costs pursuant to Rule 38 of the appellate rules.
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7th Circuit reverses lower court on stun-belt issue

August 26, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a District judge’s decision that a man convicted of murder received ineffective assistance of counsel during his trial because his attorney didn’t object to the state making him wear a stun belt in court.
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Safety vs. free speech

August 18, 2010
Michael Hoskins
In her 15 years on both the state and federal benches, Judge Jane Magnus-Stinson has had only one time when she’s feared for her safety inside her courtroom.
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'Posnerian' wisdom featured in professor's new book

July 21, 2010
Rebecca Berfanger
It’s no secret judicial clerks help with writing opinions at some point in the process – whether it’s the research, writing a first draft, reading and writing memos to judges on their drafts, or in some cases rewriting the judge’s first draft or outline into a final draft.
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7th Circuit rules on attorney withdraw brief practicalities

June 22, 2010
Michael Hoskins
Ruling on an issue of first impression, the 7th Circuit Court of Appeals today extended the logic of an eight-year-old case to how criminal defendants challenge their supervised release and revocation penalties and what must be discussed in attorney withdraw briefs on those issues.
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Judges differ on allowance of trustee's appeal

July 20, 2009
Jennifer Nelson
Judges on the 7th Circuit Court of Appeals, including Northern District Judge Joseph Van Bokkelen - who was sitting in designation - disagreed whether a bankruptcy trustee's appeal should be dismissed for lack of appellate jurisdiction because he didn't file a petition for permission to appeal.
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Judges: Vehicle stop by cops reasonable

April 2, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man's illegal gun possession conviction, ruling the South Bend Police officer who made the traffic stop had reasonable suspicion the car may be linked to a shooting in an apartment complex.
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Administrative remedies must be exhausted

June 5, 2008
Jennifer Nelson
Prisoners who file suits for damages before exhausting all administrative remedies are not entitled to a jury trial to debate factual issues relating to the exhaustion under the Seventh Amendment, the 7th Circuit Court of Appeals ruled today.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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