SCOTUS declines New Albany ordinance case
The Supreme Court of the United States won’t take a case from New Albany about the city’s battle to close an adult
book and movie store.
7th Circuit Court of Appeals
Articles
7th Circuit upholds denial of alien’s motion to dismiss
The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an
alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s
motion to dismiss because he failed to meet any of the law’s exhaustion requirements.
Circuit judge relocating chambers to Maurer School of Law
In a rare move that may be used in only one other jurisdiction nationally, Judge David F. Hamilton on the 7th Circuit Court
of Appeals in Chicago plans to relocate his chambers from the Indianapolis courthouse where he’s from to the Indiana
University Maurer School of Law – Bloomington.
SCOTUS reverses 7th Circuit on sex offender registration
The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal
sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.
7th Circuit won’t stay ruling, despite likely SCOTUS appeal
The 7th Circuit Court of Appeals won’t stay its ruling that allows an independent state agency access to records about
mentally ill inmates’ treatment, even though the Indiana government agency being sued is appealing to the Supreme Court
of the United States.
Judges rule on pre-existing condition case
Highlighting the highly controversial health care debate that’s played out during the past year, the 7th Circuit Court
of Appeals today ruled on a pretty straightforward case about a pre-existing condition clause that denied a man’s claim
for long-term disability benefits.
7th Circuit rehears Second Amendment case
7th Circuit Court of Appeals judges in Chicago didn’t take the issue of Second Amendment rights lightly when they heard
oral arguments en banc Thursday for United States of America v. Steven M. Skoien, No.
08-3770.
7th Circuit addresses contempt proceedings, judicial safety
A federal appeals judge from Indianapolis penned a 7th Circuit Court of Appeals decision today that touches on free speech,
judicial safety, and contempt proceedings that stem from a case against a well-known radio personality and infomercial salesman
who promotes natural cures and alternative medicine.
Indiana justices answer certified question from federal court
The Indiana Supreme Court says that a person or business that buys and later sells a wrecked vehicle must apply for a salvage
title as required by state law, even if that vehicle’s been sold by the time that certificate is received.
7th Circuit overrules itself in satellite TV case
The 7th Circuit Court of Appeals overruled one of its own decisions from 20 years ago, finding that judges have discretion
in whether penalties are imposed on those who steal encrypted television satellite signals or help others take them without
paying for the service
Circuit court upholds Section 8 precedent
The 7th Circuit Court of Appeals declined today to overturn precedent on the due process rights of someone rejected from specific
Section 8 housing.
7th Circuit affirms judgment in mining case
In a case involving a “richly ambiguous” 1903 deed and a mining company’s claims to “all the coals,”
the 7th Circuit Court of Appeals affirmed a District Court’s judgment for defendant landowners.
7th Circuit grants writ of habeas corpus
The 7th Circuit Court of Appeals reversed the denial of a habeas corpus petition, finding the Indiana Court of Appeals unreasonably
applied federal law when it determined prior statements of identification by witnesses the government suppressed didn’t
create a reasonable probability of a different result at trial.
7th Circuit rules against Indianapolis attorney
An Indianapolis attorney has lost a federal appeal that involves his being forced to resign as manager of the title insurance
division after writing a memo that criticized his boss.
Exploring e-discovery in federal courts
The first year of a federal e-discovery program is now complete in the 7th Circuit, and despite its success one clear message
sets the stage for how the pilot project moves forward: More Indiana judges and attorneys need to step up and get involved.
Judicial appointments a hot topic at 7th Circuit conference
This year’s 7th Circuit Bar Association and Judicial Conference for the 7th Circuit featured a more historic tone because
of the high-profile roster of legal community leaders who attended, as well as offering tidbits about how the Indianapolis
federal courthouse will soon be going green, how the state’s Southern District is hoping for a new full-time magistrate,
and a call to action for Hoosier judges and attorneys to get more involved in a new e-discovery program under way.
7th Circuit to rehear Second Amendment case
Advocates of domestic-violence victims and gun owners have their sights set on an upcoming oral argument at the 7th Circuit
Court of Appeals in Chicago. The case of interest raises the issue of whether someone who has been convicted of a domestic-violence
misdemeanor should be able to have a gun for hunting purposes.
Judicial nominees on the road to confirmation
When he was being considered for a seat on the federal appellate bench, Judge John D. Tinder recalled getting a phone call
about an ongoing case just before he was set to appear before senators in Washington, D.C.
En banc 7th Circuit says IPAS can sue
The 7th Circuit Court of Appeals has decided that independent state organization Indiana Protection and Advocacy Services
has the right to sue a state government agency about the practices and programs regarding mentally ill inmates.
Federal Bar Update: Diversity test for corporations now settled
For diversity jurisdiction purposes, one area of uncertainty for many years has been how to determine the citizenship of a
corporation.