7th Circuit Court of Appeals

Arkansas birth certificate ruling could impact Indiana

June 29, 2017
Marilyn Odendahl
As lesbian married couples in Indiana wait on the 7th Circuit Court of Appeals to rule whether both mothers can be listed on their children’s birth certificates, the Supreme Court of the United States may have just decided the outcome of the case.
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7th Circuit: Nightingale must defend Medicare restitution claims

June 28, 2017
Dave Stafford
A Carmel-based home health care company stripped of its certification to receive Medicare funding in Indiana will return to the district court in Indianapolis to defend against government claims seeking nearly $5 million in restitution.
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Bank’s parallel litigation in Indiana, Brazil permissible

June 27, 2017
Dave Stafford
A bank seeking to recoup millions it loaned for a businessman’s purchase of an airplane was entitled to pursue parallel litigation in federal court in Indiana and in Brazil, the 7th Circuit Court of Appeals ruled Monday.
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Septic installer’s federal suit against Brown County reinstated

June 27, 2017
Dave Stafford
A Brown County man whose license to service and install septic systems was revoked without notice or a hearing may proceed with his federal lawsuit against the county.
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7th Circuit: Colts not required to renew season tickets

June 23, 2017
Olivia Covington
An Indianapolis Colts season tickets holder did not automatically have the right to transfer ownership of his tickets from one season to the next, the 7th Circuit Court of Appeals ruled Thursday in a diversity suit against the professional football team.
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Court vacates union representation, citing unclear deciding vote

June 21, 2017
Olivia Covington
The regional director of the National Labor Relations Board erroneously counted a ballot in favor of union representation of a northern Indiana company and impacted the outcome of an election to determine whether the union would represent the company, the 7th Circuit Court of Appeals held Tuesday.
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7th Circuit: District court properly granted extra time to move for appeal

June 21, 2017
A federal judge properly allowed the state to have an extended period of time to move for direct appeal, the 7th Circuit Court of Appeals determined Tuesday, finding a conditional writ of habeas corpus in the case provided unclear instructions on how the state was supposed to proceed.
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Putnam County officer to be resentenced again for excessive use of force

June 20, 2017
Olivia Covington
A Putnam County law enforcement officer who used excessive force against compliant arrestees must return to district court for a second resentencing after the 7th Circuit Court of Appeals determined the district court, once again, failed to adequately justify its imposition of a below-guidelines sentence.
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7th Circuit orders new hearing in Marion County wrongful-detention suit

June 16, 2017
Olivia Covington
The issue of the certification of two subclasses of inmates who allege they were wrongfully detained for unconstitutional periods of time is back before a district court after the 7th Circuit Court of Appeals ruled the court erred in initially denying class certification.
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7th Circuit: Plain-view doctrine controls appeal of motion to suppress

June 13, 2017
Olivia Covington
An Indiana district court did not err in denying a convicted felon’s motion to suppress after three guns were found in his home during a search for electronic devices because the guns were found under the plain-view doctrine, the 7th Circuit Court of Appeals ruled Tuesday.
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7th Circuit: Retired veteran can’t sue government for distress

June 8, 2017
Olivia Covington
A retired veteran who was wrongfully deprived of incapacitation payments during his time in the reserves cannot sue the U.S. government for distress caused by that deprivation because existing caselaw prohibits servicemembers from suing the government for injuries accrued while in the military, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit affirms preliminary injunction to allow pro-marijuana rally

June 8, 2017
Olivia Covington
A pro-marijuana nonprofit organization may be able to hold a rally on the steps of the Tippecanoe County Courthouse after the 7th Circuit Court of Appeals affirmed a preliminary injunction against the county’s policy for approving courthouse events.
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7th Circuit: Summary judgment properly awarded to glue manufacturer

June 7, 2017
Olivia Covington
A federal judge properly awarded summary judgment to a glue manufacturer after the 7th Circuit Court of Appeals determined a man who claimed he suffered neurological issues from the glue’s fumes failed to provide expert testimony to establish causation.
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Man's 9-year sentence for possessing a gun upheld by 7th Circuit

June 5, 2017
Olivia Covington
An Indiana’s man sentence for possession of a firearm by a violent felon will stand after the 7th Circuit Court of Appeals held Monday the federal and state definitions of “battery” and “force” work together to convict him of violent felonies.
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Title VII sexual orientation cases bubbling in federal courts

June 1, 2017
Marilyn Odendahl
As the U.S. District Court for the Northern District of Indiana continues with its first case allowing a Title VII claim on the basis of sexual orientation, the 2nd Circuit Court of Appeals is preparing for an en banc rehearing to consider whether Title VII prohibitions include sexual orientation discrimination.
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7th Circuit: Officer had reasonable suspicion to prolong traffic stop

June 1, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a northern Indiana man’s conviction of possession more than 15 doctored gift cards, finding the police officer who stopped the man had reasonable suspicion to prolong the traffic stop that led to the discovery of the fraudulent gift cards.
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7th Circuit hears Indiana birth certificate dispute

May 23, 2017
Marilyn Odendahl
The 7th Circuit Court of Appeals seemed unconvinced that Indiana’s prohibition against listing non-birth mothers in female, same-sex married couples on a child’s birth certificate violates the Constitution.
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7th Circuit affirms denial of habeas relief

May 23, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the denial of a man’s petition for habeas relief after finding he waived his argument of ineffective assistance of counsel by not raising that argument in his habeas petition.
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Ex-Evansville police officer convicted of murder appeals to US Supreme Court

May 19, 2017
Marilyn Odendahl
A former Evansville police officer serving an 80-year sentence for murder and arson has asked the Supreme Court of the United States to overturn his conviction and order a new trial.
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7th Circuit orders Lilly to reinstate ex-employee’s disability benefits

May 19, 2017
Olivia Covington
Eli Lilly and Co. must reinstate disability benefits to its former human resources director after a divided 7th Circuit Court of Appeals found insufficient evidence to support the company’s argument that the former director could still work despite her fibromyalgia symptoms.
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7th Circuit allows inmate’s due process claim to continue

May 11, 2017
Olivia Covington
The 7th Circuit Court of Appeals has reversed summary judgment against a federal inmate on his constitutional due process claims, finding that the reviews of his prolonged stay in solitary confinement may not pass constitutional muster.
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Trump moves to get more conservatives on federal bench

May 9, 2017
IL Staff
The Trump administration Monday named 10 judges and other law professionals it plans to nominate for key posts as President Donald Trump works to place more conservatives on the nation’s federal courts.
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Reports: Trump to nominate Notre Dame professor to 7th Circuit

May 8, 2017
IL Staff
President Donald Trump reportedly plans to nominate Notre Dame Law School professor Amy Coney Barrett to the 7th Circuit Court of Appeals.
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7th Circuit considers allowing TV coverage

May 8, 2017
 Associated Press
The Chicago-based 7th Circuit Court of Appeals is looking into allowing TV cameras to cover some of its proceedings.
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7th Circuit affirms tax fraud convictions

May 5, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the convictions and sentence of a man convicted on three tax fraud charges, finding that the district court properly excluded evidence of his corporate “meeting minutes.”
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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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