7th Circuit Court of Appeals

7th Circuit opinion highlights confusion over LGBT discrimination protection

August 24, 2016
Marilyn Odendahl
Within the first nine pages of its opinion, the 7th Circuit Court of Appeals affirmed a district court’s ruling that sexual orientation is not protected by Title VII of the 1964 Civil Rights Act. And there, the panel could have ended its discussion. But the court spotlighted the growing confusion in the courts of when, exactly, sexual orientation crosses the line into gender nonconformity.
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Prisoner’s 2241 petition again fails in 7th Circuit

August 23, 2016
Marilyn Odendahl
A federal prisoner trying to challenge his sentence has again tripped over procedure and lost his second appeal before the 7th Circuit Court of Appeals.
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Plea deal didn’t prevent government from referencing hostage incident

August 18, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claim that the government was barred by his plea agreement from mentioning a hostage situation that occurred several days prior to his arrest on drug and firearm charges.
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7th Circuit: Trailer insurer does not have to indemnify defendants

August 17, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals on Tuesday affirmed a district court ruling that held the insurer of a trailer borrowed by a trucking company in which an employee was involved in a fatal accident does not have to indemnify the company or the driver in a negligence lawsuit.
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Court grants habeas writ in case involving repealed drug statute

August 15, 2016
Jennifer Nelson
A man convicted of Class A felony possession of three grams of cocaine within 1,000 feet of a “youth program center” in March 2008 will either be released from prison or resentenced after the 7th Circuit Court of Appeals granted his habeas corpus petition.
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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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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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