7th Circuit Court of Appeals

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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7th Circuit dismisses juvenile’s appeal for lack of jurisdiction

May 3, 2017
Olivia Covington
The 7th Circuit Court of Appeals has dismissed a juvenile’s appeal of an order that he submit to a psychological examination, finding that the court does not yet have jurisdiction to hear the case.
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At Wabash, 7th Circuit Chief Judge Wood calls for civic engagement

May 3, 2017
Marilyn Odendahl
Despite the current atmosphere where politicians decry activist judges and presidential tweets assail court rulings, 7th Circuit Court of Appeals Chief Judge Diane P. Wood is optimistic about the future of the judiciary.
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Indiana appeals order blocking abortion ultrasound mandate

May 1, 2017
 Associated Press
Indiana is appealing a federal ruling that blocks a state mandate forcing women to undergo an ultrasound at least 18 hours before having an abortion.
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7th Circuit affirms summary judgment to casino employees

April 27, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed summary judgment for two security agents at a northern Indiana casino, finding the plaintiff’s argument that she never received a copy of the motion for summary judgment unpersuasive.
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7th Circuit Chief Judge Wood advocates civic involvement

April 25, 2017
Marilyn Odendahl
Speaking at Wabash College Monday afternoon, Chief Judge Diane Wood of the 7th Circuit Court of Appeals outlined the history of civic engagement in the United States and encouraged the students to become involved.
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Wabash College to honor 7th Circuit chief judge

April 24, 2017
Marilyn Odendahl
Chief Judge Diane P. Wood of the 7th Circuit Court of Appeals will be honored Monday by Wabash College as the 2017 recipient of the David W. Peck Senior Medal for Eminence in the Law. She is the second woman to receive the award since it was first given in 1974.
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7th Circuit: Title VII includes sexual orientation

April 19, 2017
Marilyn Odendahl
The 7th Circuit Court of Appeals made history when it ruled in early April that Title VII does prohibit discrimination based on sexual orientation. But whether that opinion becomes the inspiration for other circuits to make similar findings has yet to be seen.
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Arguments set for birth certificate appeal

April 14, 2017
Marilyn Odendahl
The 7th Circuit Court of Appeals has scheduled oral arguments in Indiana’s birth certificate dispute for next month.
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7th Circuit rules in favor of police officer in 4th Amendment lawsuit

April 10, 2017
Olivia Covington
The 7th Circuit Court of Appeals has reversed the denial of summary judgment to a Highland police officer, finding his decision to keep a man in handcuffs while he was investigated as part of a road rage incident did not violate the Fourth Amendment.
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Indiana argues it may discriminate in some court services

April 7, 2017
Dave Stafford
A deputy attorney general argued the state may discriminate in providing certain court services as Indiana appealed a ruling that a deaf man was discriminated against when Marion Superior Court denied him an interpreter for a mandatory mediation.
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High court may re-examine Civil Rights Act after LGBT ruling

April 6, 2017
 Associated Press
A ruling by the 7th Circuit Court of Appeals in Chicago in and Indiana case reopens the question of whether the 1964 Civil Rights Act’s protections apply to LGBT workers in the same way they bar discrimination based on someone’s race, religion or national origin.
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  2. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  3. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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