7th Circuit Court of Appeals

Judges uphold $600k sanction for contempt

March 1, 2013
Jennifer Nelson
After initially vacating a District judge’s $600,000 sanction against SonCo Holdings for contempt of court and remanding it to the lower court for more proceedings, the 7th Circuit Court of Appeals upheld the sanction Friday. 
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7th Circuit affirms kidnapping and extortion convictions, sentence

March 1, 2013
Jennifer Nelson
Finding no error in the admittance of three photo identifications of a defendant following charges of kidnapping and extortion, the 7th Circuit Court of Appeals upheld Lamar Sanders’ convictions and 25-year sentence Thursday.
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5 sitting jurists to judge moot court competition Friday

March 1, 2013
Jennifer Nelson
A panel of distinguished judges, including one from the 7th Circuit Court of Appeals, will be on hand Friday evening to hear final arguments in a case involving judicial recusal and eminent domain as part of the Indiana University Maurer School of Law Sherman Minton Moot Court Competition.
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Bankruptcy ruling locks out insiders

February 27, 2013
Dave Stafford
A recent bankruptcy appeal tossing an Indianapolis shopping center’s reorganization plan further establishes that the control of equity in Chapter 11 cases will be subject to competitive bidding and that insiders might be out of luck.
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Circuit Court rules utility contract falls in state jurisdiction

February 22, 2013
Marilyn Odendahl
A dispute between a power generator and an electricity wholesaler should be heard in the state court, the 7th Circuit Court of Appeals ruled after finding the central issues did not arise under federal law.
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High-priced Chicago firm handling Durham’s appeal pro bono

February 21, 2013
Scott Olson
Just because Tim Durham isn’t paying a lawyer to handle the appeal of his 50-year federal prison sentence doesn’t mean he’s getting shortchanged.
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7th Circuit rejects hospital's claims for $20M more in federal aid

February 20, 2013
Jennifer Nelson
Columbus Regional Hospital, which was flooded following heavy rains in southern Indiana in 2008, is not entitled to an additional $20 million in disaster relief funds from the Federal Emergency Management Agency in addition to the $70 million it already received, the 7th Circuit concluded Wednesday.
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7th Circuit Bar seeks Indiana attorneys to honor

February 18, 2013
IL Staff
Each year, the 7th Circuit Bar Association honors members of the legal profession for their pro bono and public service work who are from the host state of the association’s annual meeting. Indiana is hosting the meeting May 5-7 in Indianapolis.
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7th Circuit orders proposed plan of reorganization open to competitive bidding

February 14, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a Southern District Bankruptcy judge Thursday, finding the judge incorrectly ruled that competition was unnecessary in a plan of reorganization involving a shopping center.
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7th Circuit revises Pattern Criminal Jury Instructions

February 13, 2013
IL Staff
In light of the recent decision by the U.S. Supreme Court in Smith v. United States, 133 S. Ct. 714 (2013), the 7th Circuit Court of Appeals’ Pattern Jury Instruction Committee has revised the withdrawal instructions.
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Car’s color alone doesn’t support traffic stop

February 13, 2013
Jennifer Nelson
In a matter of first impression in the 7th Circuit Court of Appeals and federal courts, the judges were asked to consider whether a discrepancy between the observed color of a car and the color listed on its registration alone gives rise to reasonable suspicion of criminal activity.
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7th Circuit affirms District Court in long-running nursing home litigation

February 12, 2013
Dave Stafford
More than a decade’s worth of litigation was tied up in a 21-page opinion from the 7th Circuit Court of Appeals on Tuesday, which affirmed decisions in favor of a landowner against the owners of a nursing home lessee.
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Judges uphold man’s 151-month sentence

February 7, 2013
Jennifer Nelson
A judge on the 7th Circuit Court of Appeals believed a defendant was entitled to resentencing because the District judge could only view him through “career-offender tinted glasses” even though the career offender distinction did not ultimately apply to him.
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District judge incorrectly dismissed prisoner’s suit for length and unintelligibility

February 7, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals ordered U.S. Judge William T. Lawrence to take another look at a federal prisoner’s Bivens lawsuit against prison staff and other unnamed defendants, finding that the lawsuit is actually written clearly and not as long as the judge believed when dismissing it.
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Defendant entitled to resentencing under Fair Sentencing Act

February 7, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals upheld a northern Indiana man’s convictions of distributing crack cocaine and conspiracy to distribute the drug, but found that he is entitled to resentencing under the Fair Sentencing Act of 2010.
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Prisoners can seek reductions of crack cocaine sentences

February 7, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals concluded two judges in the Northern District of Indiana should take another look at two defendants’ requests to have their sentences for crack cocaine offenses reduced based on revised sentencing guidelines.
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7th Circuit reverses dismissal of prisoner’s suit

February 1, 2013
Jennifer Nelson
A lawsuit filed by a prisoner at the Pendleton Correctional Facility against two prison doctors and a nurse after he learned he had prostate cancer is allowed to continue after the 7th Circuit Court of Appeals reversed the dismissal of his suit.
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7th Circuit grants injunction in company’s suit against providing employees contraceptives

January 31, 2013
Jennifer Nelson
Finding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted an injunction Wednesday.
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Lawmakers amend bill to restrict sex offenders’ access to social media

January 29, 2013
IL Staff
In response to a ruling by the 7th Circuit Court of Appeals, two Indiana lawmakers have introduced a proposal restricting sex offenders from using social media sites.
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7th Circuit strikes down sex-offender social media ban as unconstitutional

January 23, 2013
Jennifer Nelson
Indiana Code 35-42-4-12 prohibiting certain sex offenders from using social networking sites that allow minors to participate is not narrowly tailored to serve the state’s interest, the 7th Circuit Court of Appeals held Wednesday. The judges ordered a permanent injunction entered preventing enforcement of the current law.
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7th Circuit orders SSA take another look at woman’s case

January 18, 2013
Jennifer Nelson
Finding that the administrative law judge hearing a southern Indiana woman’s claim for disability insurance benefits made several errors in his consideration of the record, the 7th Circuit Court of Appeals sent the case back to the Social Security Administration for more proceedings.
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Judge supports denying rehearing, but disagrees with colleagues’ rationale

January 9, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.
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Settlement without insurer’s consent is at builder’s expense

January 8, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding a settlement, the insurer has no obligation to pay for the cleanup.
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Judges ‘disturbed’ by linking of drugs to defendant’s nationality

January 3, 2013
Jennifer Nelson
Even though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new trial.
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Man argues the sentencing guidelines were applied incorrectly

December 27, 2012
Marilyn Odendahl
A Wisconsin man who used a stolen Indiana driver’s license to obtain a passport had his sentence affirmed by the 7th Circuit Court of Appeals which held certain provisions in the sentencing guidelines should be applied differently depending on the circumstances.
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  1. Thanks for this article. We live in Evansville, IN and are aware of how bad the child abuse is here. Can you please send us the statistics for here in Vanderburgh, County. Our web site is: www.ritualabusefree.org Thanks again

  2. This ruling has no application to Indiana. The tail end of the article is misleading where it states criminal penalties await those who refuse a test. This is false. An administrative license suspension is what awaits you. No more, no less.

  3. Yellow journalism much??? "The outcome underscores that the direction of U.S. immigration policy will be determined in large part by this fall's presidential election, a campaign in which immigration already has played an outsized role." OUTSIZED? by whose standards? Also this: "In either case, legal challenges to executive action under her administration would come to a court that would have a majority of Democratic-appointed justices and, in all likelihood, give efforts to help immigrants a friendlier reception." Ah, also, did you forget an adjective at the *** marks ahead by any chance? Thinking of one that rhymes with bald eagle? " In either case, legal challenges to executive action under her administration would come to a court that would have a majority of Democratic-appointed justices and, in all likelihood, give efforts to help *** immigrants a friendlier reception."

  4. Definition of furnish. : to provide (a room or building) with furniture. : to supply or give (something) to someone or something. : to supply or give to (someone) something that is needed or wanted. Judge Kincaid: if furnish means provide, and the constitution says the provider in a uni is the township, how on earth are they seperated??

  5. I never filed a law suite. I had no money for a lawyer. In 2010 I presented for MRI/with contrast. The technician stuck my left arm three times with needle to inject dye. I was w/out O2 for two minutes, not breathing, no ambulance was called. I suffered an Embolism ,Myocardia infarction. Permanent memory loss, heart damage. After the event, I could not remember what I did five seconds earlier. I had no-one to help me. I lost my dental hygiene career, been homeless, etc.

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