7th Circuit Court of Appeals

Unambiguous contract means lower commission for employee

July 1, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals tossed a jury’s award of $1.5 million, finding the terms of the employee’s incentive plan were unambiguous and the trial was unnecessary.
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Display celebrates Tinder’s career

June 26, 2015
IL Staff
In honor of 7th Circuit Court of Appeals Judge John Daniel Tinder’s retirement, a display has been installed in the main hall of the first floor of the Birch Bayh Federal Building and United States Courthouse in Indianapolis.
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Man deported after living in US since age 1 gets relief

June 26, 2015
Dave Stafford
An Indiana man who was ordered deported after pleading guilty to federal marijuana charges will be allowed to return to the country, the 7th Circuit Court of Appeals ruled Friday.
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7th Circuit rules against Anderson mayor in suit following firings

June 25, 2015
Jennifer Nelson
Anderson Mayor Kevin Smith lost his appeal of the finding that he is not entitled to qualified immunity regarding all of the fired government workers involved in a lawsuit alleging their discharges violated the First Amendment.
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7th Circuit rejects claim conviction is outside statute of limitations

June 25, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals disagreed with a defendant who claimed the federal DNA tolling statute is unconstitutional as applied to him. The man was convicted in 2013 of attempting to rob an Anderson bank in 2003, thanks to a positive identification in 2010 using DNA collected at the crime scene.
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COA strikes portion of Indy no-smoking ordinance

June 24, 2015
Jennifer Nelson
An exception contained in the city of Indianapolis’ no-smoking ordinance for satellite facilities is unconstitutional and invalid, the Indiana Court of Appeals ruled Wednesday.
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7th Circuit rejects woman’s suit that credit agency violated FCRA

June 24, 2015
Jennifer Nelson
Finding several things “wrong” with a woman’s lawsuit against a credit reporting agency, the 7th Circuit Court of Appeals affirmed summary judgment in favor of the company on her lawsuit alleging violations of the Fair Credit Reporting Act.
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Inmate not disadvantaged by appearing at trial by video

June 23, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed Monday that a New Jersey inmate who filed a retaliation lawsuit against officials at an Indiana prison while he was housed there was not disadvantaged when the judge denied his request to be transported to Indiana for the trial. The judge instead ordered he appear by video conferencing.
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7th Circuit revives Anderson transit worker’s ADA claim

June 15, 2015
Dave Stafford
A mechanic's helper with the City of Anderson Transit System won the right to pursue his claims that his firing violated his rights under the Americans with Disabilities Act.
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7th Circuit: No evidence officer was victim of racial discrimination

June 10, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the grant of defendants' motion for summary judgment on a St. Joseph County Police sergeant's lawsuit claiming discrimination because he is African-American. The judges held the man was unable to prove discrimination after he was passed over for promotions or began working in the department's property room.
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AG may appeal death penalty reversal in deputy’s slaying

June 3, 2015
IL Staff
The state is considering whether it will appeal a federal court ruling Tuesday that reversed the death penalty imposed on a man convicted of killing a Morgan County deputy sheriff nearly 14 years ago.
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Death sentence reversed in 2001 slaying of Morgan deputy

June 2, 2015
Dave Stafford
The death sentence imposed on a man for the killing Morgan County Deputy Sheriff Daniel Starnes in 2001 has been reversed by the 7th Circuit Court of Appeals.
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7th Circuit affirms solitary confinement; cautions against it

June 1, 2015
Dave Stafford
An Indiana inmate's 30-day stint in solitary confinement at the Miami Correctional facility didn't violate his civil rights, the 7th Circuit Court of Appeals ruled Friday. But the panel cautioned judges and prison officials against wide use of the practice.
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7th Circuit affirms denial of railroad disability benefits

May 20, 2015
Dave Stafford
A railroad worker treated in Indiana for years for back injuries and pain failed to convince the 7th Circuit Court of Appeals he was entitled to federal disability benefits.
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7th Circuit again denies Notre Dame’s request for injunction in contraception suit

May 20, 2015
Jennifer Nelson
A month after rehearing the University of Notre Dame’s request for a preliminary injunction that it need not comply with the Affordable Care Act’s contraception mandate, the 7th Circuit Court of Appeals again affirmed the denial of the school’s request.
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Pressure on PACER

May 20, 2015
Marilyn Odendahl
On May 1, protestors across the country launched their ire on the federal judicial branch. They were not maligning the judges or their decisions, but rather they were imploring the courts to upgrade and improve the online Public Access to Court Electronic Records system.
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Outlaws member had no legal interest in forfeited properties

May 12, 2015
Jennifer Nelson
A member of the Outlaws Motorcycle Club who claimed an interest in property forfeited to the government after two fellow members pleaded guilty to racketeering charges did not have an interest under the law, the 7th Circuit Court of Appeals affirmed Monday.
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Do-over expected to bring same result in contraception case

May 6, 2015
Marilyn Odendahl
In a second round of oral arguments regarding the University of Notre Dame’s challenge to the Affordable Care Act’s contraception mandate, the 7th Circuit Court of Appeals not only remained dubious of the school’s assertions but also seemed perplexed as to why the case came back to the court.
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7th Circuit wants rationale for sentence

May 5, 2015
Marilyn Odendahl
A defendant was unable to get his revocation of probation overturned, but he is heading back to court for another sentencing after the District judge failed to give reasons for imposing a two-year jail term.
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Split 7th Circuit allows death penalty challenge asserting intellectual disability

May 4, 2015
Dave Stafford
A killer sentenced in Texas and awaiting execution on federal death row in Terre Haute will be allowed to proceed with efforts to present new evidence of intellectual disability that would make him ineligible for capital punishment, a 7th Circuit Court of Appeals en banc review determined in a 6-5 opinion.
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7th Circuit affirms sentence, vacates release conditions

April 21, 2015
Dave Stafford
A Gary felon who tried to force a woman at gunpoint to have sex with him was not improperly sentenced to a federal term of 92 months in prison on top of his state court conviction for pointing a weapon, the 7th Circuit Court of Appeals ruled Monday.
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7th Circuit: No plain error in not applying 'safety valve' in sentencing

April 15, 2015
Jennifer Nelson
Whether firearms belonging to co-conspirators in a drug ring attributed to a defendant for purposes of the firearm sentence enhancement can be considered for a two-level reduction in her offense level under the so-called “safety valve” for nonviolent, first-time drug offenders is a matter of first impression for the 7th Circuit Court of Appeals. But the judges declined to address the issue because the woman failed to raise it at sentencing.
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Murderer’s writ for relief denied by 7th Circuit

April 15, 2015
Jennifer Nelson
For the fourth time, a northern Indiana man’s appeal of his death sentence for four murders has come before the 7th Circuit Court of Appeals. This time, the judges affirmed the denial of his writ for habeas corpus.
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Court affirms amount of heroin attributable to defendant

April 8, 2015
Jennifer Nelson
A man convicted of conspiracy to distribute heroin could not convince the 7th Circuit Court of Appeals that the trial court incorrectly found him to be responsible for buying and selling at least 1,040 grams of heroin over a six-year period.
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Judging how Indy elects judges

April 8, 2015
Dave Stafford
The 7th Circuit Court of Appeals posed tough questions for the state’s defense of the pay-to-play, power-sharing system of judicial slating in Marion County.
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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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