Court won’t rehear stun-belt case
The full 7th Circuit Court of Appeals has said it will not rehear an Indiana case focusing on a convicted murderer’s ineffective assistance of trial counsel claims relating to a stun belt used in court.
7th Circuit Court of Appeals
Articles
Will SCOTUS weigh in on canons?
The Supreme Court of the United States could soon decide if it will take on cases that question Indiana’s judicial canons and whether those types of rules infringe on the free speech rights of seated jurists or those vying for the bench.
Longtime Bloomington law professor dies
An Indiana University Maurer School of Law professor who taught at the law school for more than 40 years died Wednesday. The law school announced Patrick L. Baude, the Ralph F. Fuchs Professor Emeritus of Law and Public Service at Indiana University Maurer School of Law died in his Bloomington home after a brief illness.
7th Circuit: Staff should have told inmate to stop taking aspirin
A District Court erred in granting summary judgment for the government on an inmate’s suit claiming his complications from a surgery were the result of the prison medical staff disregarding instructions he stop taking blood thinners prior to his surgery.
Judges order consideration of discovery demands
The 7th Circuit Court of Appeals ordered a Northern Indiana District Court to reconsider a German company’s discovery demands made in relation to a lawsuit pending in Germany over the alleged theft of trade secrets.
Judges reverse dismissal of prisoner’s suit
The 7th Circuit Court of Appeals reversed the dismissal of a prisoner’s civil rights suit that stemmed from his lack of gloves while working in the cold to remove tree stumps.
SCOTUS refuses to accept two Indiana cases
The nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.
7th Circuit judge to speak at Black History event
7th Circuit Court of Appeals Judge Ann Claire Williams will be the featured speaker at an event celebrating Black History Month hosted by the U.S. District Court for the Southern District of Indiana.
State urges SCOTUS to deny judicial canons case
The Indiana Attorney General’s Office has filed a brief with the nation’s highest court, urging the justices to not hear a case about whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
3 judges dissent on rehearing denial in stun belt case
The full 7th Circuit Court of Appeals has decided to not rehear an Indiana case about a convicted murder’s ineffective assistance of trial counsel claims relating to a stun belt used in court, though three judges disagreed and felt the northern Indiana federal judge’s decision should be upheld.
7th Circuit first to decide on resentencing, procedural rule issue
The 7th Circuit Court of Appeals today ruled on an issue that hasn’t been addressed by any of its counterparts nationwide, finding that sentencing guidelines revised three years ago still only give District judges one chance to modify penalties based on a federal criminal rule of procedure.
Southern District bankruptcy judge seeks reappointment
After 14 years on the federal bankruptcy bench, U.S. Judge Anthony J. Metz III in the Southern District of Indiana is seeking another term.
Circuit Court reverses insurance case
The 7th Circuit Court of Appeals reversed summary judgment for an insurer on the issue of whether the commercial general policy covered faulty subcontractor work, citing a similar case recently ruled on by the Indiana Supreme Court. The Circuit Court also dealt with an issue surrounding umbrella policies for the first time.
7th Circuit order changes wording in public-records opinion
In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”
SCOTUS takes case on whether vehicular flight from police is a ‘violent felony’
No one disputes fleeing in a vehicle from police is a crime. But whether that crime is considered a “violent” one worthy of an enhanced sentence under a long-standing federal career criminal statute is a legal nuance now an issue before the nation’s highest court, and Indiana is playing a key role.
7th Circuit: judge erred when sentencing man
The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.
ALJ didn’t inform vocational expert on the totality of claimant’s limitations
The 7th Circuit Court of Appeals reversed a District Court’s upholding of the Social Security Administration’s denial of a woman’s application for benefits because the Administrative Law Judge erred by not including her moderate limitation on concentration, persistence, and pace in the hypothetical he posed to a vocational expert.
Circuit Court reverses stay on producing public records
A northern Indiana District Court was wrong in granting a Wisconsin city’s motion for a stay, which allowed the city to withhold public records from the bank suing it for violating securities law, the 7th Circuit Court of Appeals concluded today. The issue was whether the order issued by a state court for the city to produce the documents could be stayed by federal law because the request constituted discovery proceedings.
7th Circuit affirms attorney’s fees award under Lanham Act
Finding a plaintiff’s actions frivolous, the 7th Circuit Court of Appeals today has affirmed a District Court’s grant of attorney’s fees to a company that successfully defended itself after selling lamps to the plaintiff home health care provider. The 7th Circuit also granted the defendant’s motion for fees and costs pursuant to Rule 38 of the appellate rules.
Judges: disparagement provision not violated
The 7th Circuit Court of Appeals twice declined to certify questions to the Indiana Supreme Court a litigant raised in his appeal of a suit involving alleged violations of a non-disparagement clause in a settlement agreement.