7th Circuit Court of Appeals

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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Price of postage is not enough for 7th Circuit to review NLRB's ruling

December 27, 2012
Marilyn Odendahl
The cost of a postage stamp was not enough for Beck objectors to request a refund from their unions, the 7th Circuit Court of Appeals has ruled.
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Court orders new trial on damages owed to wrongfully convicted man

December 20, 2012
Jennifer Nelson
Finding a District judge improperly limited critical evidence relating to an Elkart man’s innocence during his trial for damages following his wrongful conviction, the 7th Circuit Court of Appeals ordered a new damages trial be held.
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7th Circuit rules in favor of hospital in EMTALA violation suit

December 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found that the 2003 definition of when a person is to have “come to the emergency room” is a clarification of the rule in effect in 2001 and that a woman who filed a lawsuit under the Emergency Medical Treatment and Active Labor Act did not come to the Wishard Hospital emergency department under that act.
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Judges uphold finding that past burglaries were not single criminal episode

December 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals dismissed a defendant’s argument that his three previous convictions of burglary should be treated as a single criminal episode for purposes of the Armed Career Criminal Act.
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7th Circuit reinstates suit to recoup environmental cleanup costs

December 19, 2012
Jennifer Nelson
Finding the District Court erred in dismissing several claims made by the trustees of a fund to oversee cleanup of a contaminated site, the 7th Circuit Court of Appeals is allowing the lawsuit to proceed.
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Federal Bar Update: Rule changes, 7th Circuit procedural decisions

December 19, 2012
John Maley
As federal practitioners know, each Dec. 1 new federal rule amendments take effect. In most recent years there have been significant changes to Federal Rules of Civil Procedure each December.
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Durham files to appeal federal conviction

December 17, 2012
IBJ Staff
Tim Durham officially has filed to appeal his conviction on fraud charges after being sentenced to 50 years in prison in late November.
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7th Circuit affirms ruling for officers on excessive force claims

December 13, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment for the defendants on excessive force claims.
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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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