7th Circuit Court of Appeals

Litigant misses trial court’s SHOUTING

July 28, 2015
Marilyn Odendahl
An Indiana man disputing with an Indiana law firm over the collection of his credit card debt was reminded by the 7th Circuit Court of Appeals that capital letters included in a court order should not be ignored.
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Union pension plan gets victory in 7th Circuit

July 27, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals has reversed a judgment against a union pension plan after finding the District Court erred as a matter of law and abused its discretion.
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State must pay legal fees in unclaimed property appeal

July 24, 2015
Dave Stafford
A woman who previously won a federal lawsuit arguing she was entitled to interest on unclaimed property held by the Indiana attorney general’s office also won her claim that the state should pay her legal fees for her initial appeal.
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7th Circuit denies new trial for convicted bank robber

July 23, 2015
Dave Stafford
A man convicted of robbing the Hammond Standard Bank & Trust in December 2011 failed to convince the 7th Circuit Court of Appeals that he was entitled to a new trial.
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7th Circuit overturns some Blagojevich Senate-seat convictions

July 22, 2015
 Associated Press
A federal appeals court Tuesday overturned some of the most sensational convictions that sent former Illinois Gov. Rod Blagojevich to a lengthy stint in prison, ruling that the Democrat did not break the law when he sought to secure a Cabinet position in President Barack Obama’s administration in exchange for appointing an Obama adviser to the president’s former U.S. Senate seat.
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7th Circuit affirms restaurateur’s harboring conviction

July 22, 2015
Dave Stafford
The 7th Circuit Court of Appeals Tuesday affirmed an Illinois businessman’s conviction of harboring illegal immigrants in a northern Indiana restaurant he owned along with a nearby house where his workers lived.
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Judgment for city on wrongful arrest claim affirmed

July 22, 2015
Dave Stafford
An Indianapolis man who claimed he was the victim of wrongful arrest and malicious prosecution may not pursue his federal civil rights lawsuit against the city and the arresting officer, but he may go to state court to sue the neighbor who claimed the man broke into his house and assaulted him.
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Dose of chlorine gas alone not enough to support diagnosis of respiratory illness

July 21, 2015
Marilyn Odendahl
A man who failed to produce an expert witness to link his respiratory ailment to a mishap at an amusement park will not be able to continue with his negligence claim.
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Judge’s failure to address killers’ upbringings requires resentencing

July 21, 2015
Dave Stafford
Two men sentenced to life in prison for the 2000 murder of a 73-year-old nearly deaf Hammond gun store owner must be resentenced, the 7th Circuit Court of Appeals ruled Tuesday.
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Incomplete continuity slip gets conviction vacated

July 13, 2015
Marilyn Odendahl
A Fort Wayne man’s argument that his defense strategy was upended when the government waited until mid-trial to produce a complete chain of custody document convinced the 7th Circuit Court of Appeals to overturn his conviction
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7th Circuit reversal: Kansas FedEx drivers employees, not contractors

July 9, 2015
Dave Stafford
Kansas FedEx truck drivers are company employees and not independent contractors, the 7th Circuit Court of Appeals ruled Wednesday, reversing a key ruling in continuing multi-district litigation.
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Court rules litigants are responsible for lawyers ‘asleep on the job’

July 8, 2015
Marilyn Odendahl
Although the 7th Circuit Court of Appeals agreed the party of investors did have a “poor lawyer,” the panel declined to overturn the nearly $450,000 judgment against them, saying “legal bungling … does not justify reopening a judgment.”
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Ex-cop snared in drug, conspiracy sting loses appeal

July 8, 2015
Dave Stafford
A former Indiana police officer sentenced to 40 years in prison after he transferred guns and agreed to protect a cocaine shipment in a sting operation lost his federal court appeal.
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In 3-2 decision, justices reinstate molestation conviction

July 6, 2015
Dave Stafford
A 3-2 decision of the Indiana Supreme Court on Thursday reinstated a Class A felony child molestation conviction that the Court of Appeals reversed because the defendant was denied opportunities to admit evidence.
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7th Circuit affirms ruling for Emmis in unpaid-dividend suit

July 6, 2015
Dave Stafford
A ruling in favor of Emmis Communications in a federal lawsuit brought by owners of preferred shares in the company was affirmed Thursday by the 7th Circuit Court of Appeals.
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7th Circuit rejects second challenge at ACA contraception mandate

July 2, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals has again rejected a college’s argument against having to give notification that it does not want to provide coverage for contraceptives as required under the Affordable Care Act.
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Notebook found in car falls under Fourth Amendment exception

July 2, 2015
Marilyn Odendahl
A notebook taken from a vehicle during an investigation of an identity-theft scheme was admissible at trial even though police did not have a search warrant, the 7th Circuit Court of Appeals has ruled.
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7th Circuit slams lawyer, sets new law on fees

July 2, 2015
Dave Stafford
An Indianapolis attorney who appealed a class-action lawsuit seeking a share of his clients’ compensation on top of a statutory award of fees was called out by the 7th Circuit Court of Appeals, which denied his appeal and affirmed the judgment of the U.S. District Court for the Southern District of Indiana.
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Unambiguous contract means lower commission for employee

July 1, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals tossed a jury’s award of $1.5 million, finding the terms of the employee’s incentive plan were unambiguous and the trial was unnecessary.
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Display celebrates Tinder’s career

June 26, 2015
IL Staff
In honor of 7th Circuit Court of Appeals Judge John Daniel Tinder’s retirement, a display has been installed in the main hall of the first floor of the Birch Bayh Federal Building and United States Courthouse in Indianapolis.
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Man deported after living in US since age 1 gets relief

June 26, 2015
Dave Stafford
An Indiana man who was ordered deported after pleading guilty to federal marijuana charges will be allowed to return to the country, the 7th Circuit Court of Appeals ruled Friday.
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7th Circuit rules against Anderson mayor in suit following firings

June 25, 2015
Jennifer Nelson
Anderson Mayor Kevin Smith lost his appeal of the finding that he is not entitled to qualified immunity regarding all of the fired government workers involved in a lawsuit alleging their discharges violated the First Amendment.
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7th Circuit rejects claim conviction is outside statute of limitations

June 25, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals disagreed with a defendant who claimed the federal DNA tolling statute is unconstitutional as applied to him. The man was convicted in 2013 of attempting to rob an Anderson bank in 2003, thanks to a positive identification in 2010 using DNA collected at the crime scene.
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COA strikes portion of Indy no-smoking ordinance

June 24, 2015
Jennifer Nelson
An exception contained in the city of Indianapolis’ no-smoking ordinance for satellite facilities is unconstitutional and invalid, the Indiana Court of Appeals ruled Wednesday.
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7th Circuit rejects woman’s suit that credit agency violated FCRA

June 24, 2015
Jennifer Nelson
Finding several things “wrong” with a woman’s lawsuit against a credit reporting agency, the 7th Circuit Court of Appeals affirmed summary judgment in favor of the company on her lawsuit alleging violations of the Fair Credit Reporting Act.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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