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.
7th Circuit Court of Appeals
Articles
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.
Senate Judiciary delays nomination vote
The Senate Judiciary Committee has postponed voting on the nomination of U.S. Judge David F. Hamilton to the 7th Court of Appeals because some senators are concerned about the Indianapolis jurist's record on the bench.
7th Circuit: Drug convictions stand
The 7th Circuit Court of Appeals affirmed drug convictions against two defendants, holding the lower court didn’t err in admitting a police officer’s voice identification testimony regarding one of the defendants.
No error in refusal to tender ‘missing witness’ instruction
The 7th Circuit Court of Appeals affirmed a man’s drug convictions, finding the District Court didn’t err by refusing to give the jury a requested “missing witness” instruction.
SCOTUS reverses 7th Circuit a second time on capital case
An Indiana case has prompted the nation’s highest court to reiterate that federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements do not violate U.S. law.
High court takes certified questions in NCAA case
The Indiana Supreme Court has accepted three certified questions proposed by a federal appeals court that arose in a case involving the National Collegiate Athletic Association’s ticket-distribution system for championship tournaments.
Judges ask Supreme Court to answer lottery law questions
The 7th Circuit Court of Appeals has decided it needs some assistance from the Indiana Supreme Court to decide whether the National Collegiate Athletic Association’s ticket-distribution system constitutes a lottery under Indiana law.
7th Circuit orders lower court to consider a minor participant reduction
The 7th Circuit Court of Appeals vacated a man’s lengthy sentence for transporting drug money because the District Court needs to determine whether the man should receive a minor participant reduction since he only transported money one time.
7th Circuit finds for energy plant
The 7th Circuit Court of Appeals today reversed a decision out of Indiana regarding a claim by the Environmental Protection Agency that Cinergy Corp. was wrong to modify its coal-burning plants without first obtaining a permit from the EPA.
SCOTUS rejects two Indiana cases
The Supreme Court of the United States has declined to get involved in two appeals out of Indiana, upholding federal or state rulings on both cases.
7th Circuit upholds injunction in adult-business ordinance case
The 7th Circuit Court of Appeals agreed with a Southern District of Indiana judge who granted a preliminary injunction preventing Indianapolis from enforcing the 2002 ordinance that regulates adult-bookstore business hours.
SCOTUS asked to take both judicial canons appeals
A Terre Haute attorney wants the nation’s highest court to review two appellate cases out of Indiana and Wisconsin that uphold judicial canons and pose free speech questions about what judicial candidates can say or do when campaigning for office.
7th Circuit hears Cinergy appeal
The 7th Circuit Court of Appeals is considering the appeal involving the 2009 retrial on clean-air rule violations at a coal-fired power plant in southeast Indiana.
7th Circuit mulls adult-business laws
The 7th Circuit Court of Appeals is considering whether a Southern District of Indiana judge correctly weighed evidence in granting a preliminary injunction that stopped Indianapolis from enforcing a 2002 ordinance regulating adult-business hours.
No qualified immunity for city in racially motivated promotions
The 7th Circuit Court of Appeals upheld the denial of the motion of qualified immunity filed by the City of Indianapolis and several officials in a suit filed by three white police officers who claim they were passed over for promotions because of their race.
7th Circuit affirms firing for non-compliance with FMLA leave policy
The 7th Circuit Court of Appeals affirmed summary judgment dismissing a woman’s Family and Medical Leave Act claim against the company that fired her because she didn’t give proper notice for an extension of leave and failed to return to work as expected.