Articles

Court upholds sentence-reduction denial

Even though a defendant may be eligible for a sentence reduction under new crack cocaine sentencing guidelines, it is up to the District Court's discretion to grant a reduced sentence, the 7th Circuit Court of Appeals ruled today.

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Police officer not entitled to qualified immunity

The 7th Circuit Court of Appeals affirmed a police officer isn't entitled to qualified immunity in a suit claiming excessive force because the officer didn't have a reason to point a submachine gun at the plaintiffs during the execution of a search warrant.

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Judge’s nomination vote set for Tuesday

The U.S. Senate leader has filed a motion to limit debate on an Indianapolis judge's nomination for the 7th Circuit Court of Appeals, setting an hour of debate and roll call vote for Nov. 17.

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Amendment doesn’t affect sentence

Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.

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Court: Driver didn’t prove discrimination

The 7th Circuit Court of Appeals affirmed summary judgment in favor of a truck driver's former company in the driver's suit against it for discrimination, finding he failed to present a genuine issue of material fact in his Americans with Disabilities Act claims.

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Writers lose appeal against newspaper

Two former editorial writers at Indiana’s largest newspaper failed to prove they were the victims of religious discrimination, the 7th Circuit Court of Appeals ruled today.

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Court upholds preliminary injunction

Hoosier Energy Rural Electric Cooperative has until the end of the year to find a replacement holder for its credit-default swap or an insurance company will be able to collect on the security.

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Fax confirmation creates issue of fact

The 7th Circuit Court of Appeals addressed for the first time in a ruling today the evidentiary significance of a fax confirmation generated by the sender's machine. The Circuit Court determined the fax confirmation is strong evidence of receipt, so the District Court erred in granting summary judgment in favor of a company in an employment-discrimination case.

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Court: ALJ’s ruling had several errors

Finding an administrative law judge's decision to deny a woman's claim for disability benefits contained several significant errors, the 7th Circuit Court of Appeals vacated the District Court's affirmation of the denial and remanded the case to the Social Security Administration.

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Judges: amendment not retroactive

The 7th Circuit Court of Appeals ruled today that an estate's interpretation of a 2003 amendment to Indiana Code would threaten the fiscal health of governmental entities and that the amendment isn't retroactive.

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7th Circuit: Courts wrongfully denied re-litigation

Finding Indiana state and District courts erred in denying a convicted killer the chance to re-litigate his claim for relief
from execution because he is mentally retarded, the 7th Circuit Court of Appeals vacated the District Court's denial of
the man's habeas petition

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Federal Circuit converges on Indianapolis

The 7th Circuit Court of Appeals has kept up with a trend of publishing more written opinions than any other federal court, and one of the most significant happenings in the past year is the recent resurrection of inviting lower trial judges to sit by designation on appeals panels.

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7th Circuit offers alternatives to destroying guns

The 7th Circuit Court of Appeals vacated a District judge’s order that a defendant’s guns be destroyed instead of returned to him, ruling that there were other alternatives than what the District Court considered.

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Court doesn’t order contempt sanctions on state

The 7th Circuit Court of Appeals was presented with the question in an Indiana case of how much non-compliance of a consent decree involving Medicaid applications is needed before a District Court can impose civil contempt sanctions.

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Rare second hearing set for judge’s nomination

In an unusual move, the Senate Judiciary Committee will hold a second judicial nomination hearing next week for U.S. District Judge David F. Hamilton, who's being considered for a seat on the 7th Circuit Court of Appeals.

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