7th Circuit affirms ruling for insurer that prevented death of injured show horse
The 7th Circuit Court of Appeals has affirmed a ruling for an insurance company that chose to save an injured show horse’s life despite its owner’s wishes.
7th Circuit Court of Appeals
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Maley: 7th Circuit addresses amending pleadings after deadline
In Allen v. Brown Advisory, LLC, 41 F.4th 843 (7th Cir. 2022), the plaintiff appealed from the dismissal of his action and denial of his motion to amend his complaint. The 7th Circuit Court of Appeals affirmed; the discussion on seeking to amend pleadings after the amendment deadline has passed is relevant procedurally and provides an excellent primer.
Indiana Court Decisions: Aug. 11-24, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit holds immigrant failed to argue the merits of his claim
The 7th Circuit Court of Appeals has denied an Eritrea immigrant’s attempt to become a naturalized citizen, holding he had waived his arguments at the appellate level because he focused on the procedure for processing his application rather than on the merits of his claim.
7th Circuit denies request for en banc hearing in transgender sports lawsuit
A request by the state for the entire 7th Circuit Court of Appeals to hear a case challenging a new Indiana law that prohibits transgender girls from participating in K-12 girls’ sports has been denied.
7th Circuit affirms for city of Indianapolis in bar brawl involving off-duty officers
A man who was knocked out by two off-duty Indianapolis police officers during a bar fight and was initially awarded more than $1 million in damages against the city could not convince the 7th Circuit Court of Appeals that the municipality should be held vicariously liable for its employees’ actions.
Missed opportunity waives arguments for appeal against $110K restitution order
A convicted sex offender’s perceived legal strategy for avoiding a six-figure restitution judgment backfired when the 7th Circuit Court of Appeals determined he had waived the issue because he did not raise his arguments at sentencing.
7th Circuit: Prisoner failed to exhaust administrative remedies before filing 8th Amendment suit
An Indiana inmate who alleged a doctor and nurse were deliberately indifferent to his medical needs has failed to convince the 7th Circuit Court of Appeals that his appeal is not precluded by his failure to exhaust administrative remedies.
7th Circuit affirms insurance co. must pay USA Gymnastics ‘reasonable and necessary’ fees incurred from Nassar-related claims
An insurance company that balked at representing USA Gymnastics against lawsuits stemming from Larry Nassar’s sexual abuse of hundreds of female athletes has failed in its challenge to an order that it pay significant fees to the Indianapolis-based athletic organization.
7th Circuit upholds denial of COVID insurance coverage to downtown Indy’s Conrad Hotel
Continuing a national trend, an Indianapolis hotel that suffered significant blows as a result of the COVID-19 pandemic did not prevail before the 7th Circuit Court of Appeals in its attempts to secure insurance coverage for its pandemic-related losses.
7th Circuit makes edits to clarify immigration judge, not immigration board, will conduct evidentiary hearing
The 7th Circuit Court of Appeals has denied the federal government’s petition for a rehearing of an immigration appeal but did make a handful of edits to its original opinion after the Department of Justice objected to the language.
Indiana Court Decisions: July 28-Aug. 10, 2022
Read Indiana appellate court decisions from the most recent reporting period.
‘I’m really happy that I’m not an in-house counsel’: Lifted injunctions alter IN abortion laws even as Legislature passes ban
In the weeks leading up to the Indiana General Assembly’s special legislative session — as well as during the time lawmakers were in their Statehouse chambers drafting a new bill — Indiana’s abortion laws changed. Not in the sense of new legislation, but in the reality that old laws on the books could be enforced after years-old injunctions blocking them in federal courts were lifted.
7th Circuit affirms robbery provisions added to man’s sentence for illegal gun possession
The 7th Circuit Court of Appeals has affirmed the application of a robbery guideline provision used in sentencing a man for illegally possessing a firearm after finding that the gun was also involved in a robbery he committed earlier that day.
7th Circuit declines to grant prisoner’s limited remand request on crediting issue
A prisoner seeking to remedy the reimposition of his original restitution order, which excluded hundreds of dollars he had already paid towards it, was denied his request on Monday after the 7th Circuit Court of Appeals concluded he would receive credit for the amount one way or another.
7th Circuit affirms judgment for felon who used accomplice to buy guns
An Indiana felon who used an accomplice to purchase firearms couldn’t convince the 7th Circuit Court of Appeals that he was charged with duplicitous counts or that his sentence was improperly calculated. In July 2018, James Rogers, who had a previous felony conviction, went to a Rural King store in Bedford and handled multiple firearms […]
7th Circuits splits in affirming habeas corpus relief to Elkhart man convicted of murder
A split 7th Circuit Court of Appeals has affirmed an Elkhart man’s granted habeas corpus petition, finding that the Court of Appeals of Indiana applied a rule contradicting Supreme Court precedent in refusing him relief, leaving its decision not entitled to deference under the Antiterrorism and Effective Death Penalty Act.
Susan Brooks, John Tinder join chorus denouncing Indiana AG Todd Rokita
A former congresswoman and retired federal judge are publicly criticizing Indiana Attorney General Todd Rokita, describing his recent actions as smacking of McCarthyism and calling on law enforcement officials to “reject his example.”
District court’s explanations save enhanced sentence from remand
Although the 7th Circuit Court of Appeals was “troubled” by the Northern Indiana District Court’s approach to enhancing the sentence of a criminal defendant, the appellate panel was reassured by the lower court’s explanation and ruled any error was harmless.
USI student loses Title IX appeal following sexual assault suspension
A male student at the University of Southern Indiana was unable to halt his suspension for sexual assault after the 7th Circuit Court of Appeals found he did not show he was discriminated against because of his sex.