Bankruptcy judge applications being accepted
The Judicial Council of the 7th Circuit is seeking applications for bankruptcy judge to fill a new position in the U.S. District Court for the Southern District of Indiana.
7th Circuit Court of Appeals
Articles
7th Circuit affirms ruling against woman kicked out of public housing
A woman who challenged the Housing Authority of South Bend’s decision to terminate her lease for federally subsidized public housing because of criminal activity lost her appeal before the 7th Circuit Court of Appeals.
7th Circuit cautions against ‘ostrich-like’ advocacy
Warning appellate lawyers not to ignore precedent, a 7th Circuit Court of Appeals decision today issues a short but clear message to not use “ostrich-like” tactics when briefing and arguing cases.
7th Circuit rules on Indiana’s prison grievance process
Addressing a question for the first time about prison inmate complaints, the 7th Circuit Court of Appeals held that a prisoner's participation in internal affairs investigations isn’t an alternative for the administrative process an inmate must follow in filing a grievance.
7th Circuit decides MDL appeal question
The 7th Circuit Court of Appeal wants each federal judge handling multi-district litigation to have the flexibility to choose between sending parts of unresolved cases back to the original courts or keep those in one jurisdiction, once a final district-level decision has been made and the time for appeal arrives.
7th Circuit rejects egg farm’s arguments
The insurers of a large-scale egg producer in southern Indiana accused of fixing the price of eggs don’t have to defend the farm on the antitrust complaint because the farm had not raised a defense that would be covered under the policies.
7th Circuit fees change Tuesday
Some fees at the United States Court of Appeals will change Nov. 1, including the amount for audio recording and fee for the admission of an attorney.
Brief filed in NCAA scholarship appeal
Two former college athletes who lost their scholarships because of injuries are now arguing to the 7th Circuit Court of Appeals that they would have received multi-year athletic scholarships covering the costs of their bachelor’s degrees if it wasn’t for the “anti-competitive” National Collegiate Athletic Association Division I bylaws.
Federal court addresses resentencing issue
A federal appellate court’s general remand for resentencing doesn’t necessarily mean a defendant will receive a lesser penalty or be able to introduce new arguments, the 7th Circuit Court of Appeals ruled Tuesday.
7th Circuit hears Planned Parenthood, JLAP appeals
The 7th Circuit Court of Appeals heard two arguments in Indiana cases Oct. 20, one about how the state’s Medicaid money goes to Planned Parenthood and a second suit involving a man who claims he was discriminated against by being referred to the Judges and Lawyers Assistance Program when applying to take the Indiana bar exam.
Circuit Court rules in favor of utility
The 7th Circuit Court of Appeals has affirmed summary judgment in favor of a Louisville utility in a dispute as to whether landowners could eject the utility from their property after violating portions of the lease. The appellate judges also declined to certify a question to the Indiana Supreme Court.
Federal court fees, PACER charge going up
The policy-making body of the federal judiciary wants U.S. judges to limit how often they seal entire civil cases. In addition, the public access fee for all records is rising and other court fees are going up.
Circuit Court upholds settlement; $43 million in attorney fees
The 7th Circuit Court of Appeals has upheld a $180 million settlement and grant of $43.5 million in attorney fees in a dispute between retirement plan participants and their former employer. Some class members objected to the amount of attorney fees, but the 7th Circuit saw no reason to disturb the lower court’s decision.
7th Circuit tackles ‘novel’ U visa review request
The 7th Circuit Court of Appeals has ruled it does not have jurisdiction to review immigration orders denying a specialized visa to a non-citizen trying to stay in the country after assisting in an investigation or prosecution.
7th Circuit affirms judgment for officers in diabetic man’s case
The 7th Circuit Court of Appeals affirmed summary judgment in favor of the City of East Chicago and police officers on an estate’s excessive force and other claims, finding the officers had reasonable suspicion that a diabetic man who was having a hypoglycemic episode was possibly intoxicated.
7th Circuit examines 3-strike rule on prisoner suits
The 7th Circuit Court of Appeals has followed in the footsteps of some of its sister Circuits, holding that a pro se prisoner suit should proceed because an Indiana federal judge wrongly determined the frequent suit-filing inmate had three strikes rather than two in terms of frivolous claims.
7th Circuit to hold memorial for Judge Evans
The 7th Circuit Court of Appeals and the United States District Court for the Eastern District of Wisconsin will hold a joint memorial ceremony for Senior Judge Terence Evans at 4 p.m. Sept. 23 at the Ceremonial Courtroom of the Milwaukee Federal Courthouse.
7th Circuit holds lawyer rule on impact of guilty plea for immigrants not retroactive
A three-judge panel for the 7th Circuit Court of Appeals has determined a landmark decision from the Supreme Court of the United States last year isn't retroactive. That rule required criminal defense attorneys to advise clients about the immigration impact of signing a guilty plea, and this means past cases wouldn’t benefit from that holding even if those individuals had been deprived of that Sixth Amendment right.
Federal appeals court examines disputed telephone charges
Writing for a unanimous 7th Circuit Court of Appeals panel, U.S. Judge David Hamilton authored an opinion Tuesday full of what he calls “telephonese.” The opinion delves into a small business’s disputed phone bill charges and how those matters are governed by state and common law.
7th Circuit upholds denial of class action, statutory damages
In an appeal of the denial of a proposed class-action lawsuit based on the finding the attorney was inadequate to represent the class, the 7th Circuit Court of Appeals noted that the attorney’s demeanor on appeal didn’t help his cause.