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.
7th Circuit Court of Appeals
Articles
RICO case against former East Chicago mayor nets $108M in damages
A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages for a voting scandal a decade
ago, but in doing so he’s rejected the Indiana Attorney General’s most novel and far-reaching legal arguments in a landmark
civil racketeering case centered on public corruption in East Chicago.
Circuit Court upholds attorney-fee reduction
The 7th Circuit Court of Appeals wasn't swayed by an attorney's arguments that the amount of attorney's fees he was entitled to shouldn't have been reduced by nearly $90,000.
Judges uphold child pornography sentence
The 7th Circuit Court of Appeals found no procedural or substantive errors in a sentence following a man's guilty plea to a child pornography charge. In United States of America v. Brad Coopman, No. 09-2134, Brad Coopman challenged his sentence of 151 months in prison and 10 years of supervised release after he pleaded guilty to […]
7th Circuit addresses post-trial factual stipulation
The 7th Circuit Court of Appeals addressed an issue of first impression today about whether a District Court may disregard a post-trial factual stipulation between the defendant and the government regarding the amount of drugs for sentencing purposes.
Justices take question on salvage statute
The Indiana Supreme Court has accepted a certified question from the 7th Circuit Court of Appeals about a statute on salvage titles that the federal court deemed ambiguous.
Judges affirm rulings in Iraq name-selling case
The 7th Circuit Court of Appeals upheld the District Court's decisions in the appeals by the central Indiana man who tried
to sell the names of CIA agents working covertly in Iraq shortly before the U.S. invaded the country in 2003.
FMLA leave doesn’t accrue hours for benefits
The 7th Circuit Court of Appeals has affirmed an Indiana District judge's decision that an employee on family medical
leave doesn't accrue those hours for benefits and can be fired for violating attendance policies.
Judges find stop violated Fourth Amendment
The 7th Circuit Court of Appeals ruled a defendant's stop by police and subsequent search of a wheelbarrow he was pushing – which led to convictions of burglary and theft – violated the man's Fourth Amendment rights. The Circuit Court ordered the defendant's petition for habeas corpus be granted.
7th Circuit: Officer entitled to qualified immunity
Because Indiana's conversion statute doesn't appear to have an implied-consent defense, the 7th Circuit Court of
Appeals ruled a couple's excuse for possessing another person's camping gear was irrelevant to the probable-cause
determination to arrest them.
7th Circuit: amendment applies to all mortgages
A 2007 amendment allowing recorded mortgages with certain technical defects to provide constructive notice, as if the mortgages were properly recorded and acknowledged, applies to all mortgages regardless of when they were recorded, the 7th Circuit Court of Appeals ruled Friday.
Full appeals court decides on IPAS case
Nine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding mentally ill inmates, finding an independent state agency had a right to sue on those issues.
Boy can’t sue for lack of probable cause
The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.
Woman can’t prove pregnancy discrimination
The 7th Circuit Court of Appeals affirmed summary judgment for a stone company after finding a woman couldn't prove the company knew she was pregnant when it decided to relocate her to another office.
Ex-racer loses appeal on Porsche ownership
The 7th Circuit Court of Appeals has issued its take on an ownership dispute over a classic 1979 Porsche on display at the Indianapolis Motor Speedway Foundation's Hall of Fame Museum.
Circuit Court rules on first impression issue
The 7th Circuit Court of Appeals resolved an issue of first impression today: what is needed to be deemed "adequate writing" under the Telecommunications Act of 1996.
Estate entitled to hearing on cause of fire
A plaintiff is entitled to a hearing on whether vandalism caused the fire at an unoccupied home, the 7th Circuit Court of Appeals ruled today. The District Court never made a finding on the investigation that indicated it may have been burglars who started the fire.
7th Circuit affirms permanent injunction
The 7th Circuit Court of Appeals upheld an injunction preventing the application of Indiana’s Uniform Consumer Credit Code to an Illinois company because it violates the commerce clause of the U.S. Constitution.
7th Circuit addresses digital media searches
Despite being troubled by some aspects of a police officer’s search of computers of a man charged with voyeurism – during which the officer discovered child pornography – the 7th Circuit Court of Appeals found the search didn’t exceed the scope of the original warrant.
7th Circuit Court: Class action suit isn’t moot
A class action lawsuit filed by an inmate at the Tippecanoe County Jail who has since been transferred can proceed through the litigation process to determine if class action certification is proper, the 7th Circuit Court of Appeals concluded today.