7th Circuit Court of Appeals

Indiana joins fight for National Day of Prayer

July 12, 2010
Jennifer Nelson
Indiana has joined the fight to reverse the holding by U.S. District Court in the Western District of Wisconsin that the federal law providing for a National Day of Prayer violates the Establishment Clause.
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7th Circuit: Insurer can challenge its duty to defend

June 22, 2010
Elizabeth Brockett
The 7th Circuit Court of Appeals has lifted a stay imposed by the District Court in Hammond on an insurer’s declaratory judgment action regarding coverage of a physician who skipped town instead of facing criminal charges and civil suits.
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7th Circuit rules on attorney withdraw brief practicalities

June 22, 2010
Michael Hoskins
Ruling on an issue of first impression, the 7th Circuit Court of Appeals today extended the logic of an eight-year-old case to how criminal defendants challenge their supervised release and revocation penalties and what must be discussed in attorney withdraw briefs on those issues.
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SCOTUS declines New Albany ordinance case

June 14, 2010
Michael Hoskins
The Supreme Court of the United States won’t take a case from New Albany about the city’s battle to close an adult book and movie store.
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7th Circuit upholds denial of alien's motion to dismiss

June 8, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s motion to dismiss because he failed to meet any of the law’s exhaustion requirements.
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Circuit judge relocating chambers to Maurer School of Law

June 3, 2010
Michael Hoskins
In a rare move that may be used in only one other jurisdiction nationally, Judge David F. Hamilton on the 7th Circuit Court of Appeals in Chicago plans to relocate his chambers from the Indianapolis courthouse where he’s from to the Indiana University Maurer School of Law – Bloomington.
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SCOTUS reverses 7th Circuit on sex offender registration

June 1, 2010
Michael Hoskins
The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.
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7th Circuit won't stay ruling, despite likely SCOTUS appeal

May 28, 2010
Michael Hoskins
The 7th Circuit Court of Appeals won’t stay its ruling that allows an independent state agency access to records about mentally ill inmates’ treatment, even though the Indiana government agency being sued is appealing to the Supreme Court of the United States.
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Judges rule on pre-existing condition case

May 21, 2010
Highlighting the highly controversial health care debate that’s played out during the past year, the 7th Circuit Court of Appeals today ruled on a pretty straightforward case about a pre-existing condition clause that denied a man’s claim for long-term disability benefits.
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7th Circuit rehears Second Amendment case

May 21, 2010
Rebecca Berfanger
7th Circuit Court of Appeals judges in Chicago didn’t take the issue of Second Amendment rights lightly when they heard oral arguments en banc Thursday for United States of America v. Steven M. Skoien, No. 08-3770.
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7th Circuit rules against Indianapolis attorney

May 18, 2010
Michael Hoskins
An Indianapolis attorney has lost a federal appeal that involves his being forced to resign as manager of the title insurance division after writing a memo that criticized his boss.
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Indiana justices answer certified question from federal court

May 14, 2010
Michael Hoskins
The Indiana Supreme Court says that a person or business that buys and later sells a wrecked vehicle must apply for a salvage title as required by state law, even if that vehicle’s been sold by the time that certificate is received.
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7th Circuit overrules itself in satellite TV case

May 13, 2010
Michael Hoskins
The 7th Circuit Court of Appeals overruled one of its own decisions from 20 years ago, finding that judges have discretion in whether penalties are imposed on those who steal encrypted television satellite signals or help others take them without paying for the service
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Exploring e-discovery in federal courts

May 12, 2010
Michael Hoskins
The first year of a federal e-discovery program is now complete in the 7th Circuit, and despite its success one clear message sets the stage for how the pilot project moves forward: More Indiana judges and attorneys need to step up and get involved.
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Judicial appointments a hot topic at 7th Circuit conference

May 12, 2010
Michael Hoskins
This year's 7th Circuit Bar Association and Judicial Conference for the 7th Circuit featured a more historic tone because of the high-profile roster of legal community leaders who attended, as well as offering tidbits about how the Indianapolis federal courthouse will soon be going green, how the state's Southern District is hoping for a new full-time magistrate, and a call to action for Hoosier judges and attorneys to get more involved in a new e-discovery program under way.
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7th Circuit to rehear Second Amendment case

May 12, 2010
Rebecca Berfanger
Advocates of domestic-violence victims and gun owners have their sights set on an upcoming oral argument at the 7th Circuit Court of Appeals in Chicago. The case of interest raises the issue of whether someone who has been convicted of a domestic-violence misdemeanor should be able to have a gun for hunting purposes.
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Circuit court upholds Section 8 precedent

May 10, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals declined today to overturn precedent on the due process rights of someone rejected from specific Section 8 housing.
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7th Circuit affirms judgment in mining case

May 6, 2010
Jennifer Nelson
In a case involving a “richly ambiguous” 1903 deed and a mining company’s claims to “all the coals,” the 7th Circuit Court of Appeals affirmed a District Court’s judgment for defendant landowners.
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7th Circuit grants writ of habeas corpus

May 3, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a habeas corpus petition, finding the Indiana Court of Appeals unreasonably applied federal law when it determined prior statements of identification by witnesses the government suppressed didn’t create a reasonable probability of a different result at trial.
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En banc 7th Circuit says IPAS can sue

April 28, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has decided that independent state organization Indiana Protection and Advocacy Services has the right to sue a state government agency about the practices and programs regarding mentally ill inmates.
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Judicial nominees on the road to confirmation

April 28, 2010
Michael Hoskins
When he was being considered for a seat on the federal appellate bench, Judge John D. Tinder recalled getting a phone call about an ongoing case just before he was set to appear before senators in Washington, D.C.
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Judges affirm rulings in Iraq name-selling case

April 26, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the District Court's decisions in the appeals by the central Indiana man who tried to sell the names of CIA agents working covertly in Iraq shortly before the U.S. invaded the country in 2003.
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Full appeals court decides on IPAS case

April 22, 2010
Michael Hoskins
Nine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding mentally ill inmates, finding an independent state agency had a right to sue on those issues.
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Judges uphold child pornography sentence

April 19, 2010
Jennifer NelsonMore

Ex-racer loses appeal on Porsche ownership

April 13, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has issued its take on an ownership dispute over a classic 1979 Porsche on display at the Indianapolis Motor Speedway Foundation's Hall of Fame Museum.
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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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