7th Circuit modifies restitution, forfeiture for fraudster
An Indiana tire store manager who defrauded his company out of hundreds of thousands of dollars has been granted some financial relief but will not get the new trial he’d hoped for.
7th Circuit Court of Appeals
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St. Vincent doctor denied COVID vaccine religious exemption loses 7th Circuit appeal
An Indianapolis doctor who lost his position at St. Vincent Hospital when he refused to get a COVID-19 vaccine on religious grounds has lost his bid at the 7th Circuit Court of Appeals to obtain an injunction requiring the hospital to reinstate him. However, the appellate court found lingering questions as to why other hospital employees were given religious accommodations.
7th Circuit delays removal of Ethiopian immigrant at risk of torture in homeland
The 7th Circuit Court of Appeals has temporarily halted the removal of an Indiana immigrant to Ethiopia after it found credible his fear of torture if he is returned to the African country.
Indiana Court Decisions: June 2-15, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit affirms denied motion to suppress $2M, trafficked drugs from search
A man involved in a multimillion-dollar drug trafficking ring did not convince the 7th Circuit Court of Appeals that his motion to suppress hefty amounts of drugs and cash found in his hotel room should have been granted.
Split 7th Circuit allows RV worker’s age discrimination claim to continue
A former Forest River employee will get a second chance to make his claim that the recreational vehicle maker constructively discharged him by refusing to address age-based harassment after a split 7th Circuit Court of Appeals revived the case and sent it back to the Northern Indiana District Court. However, one judge dissented, asserting, “there was not enough ‘constructive’ in the plaintiff’s constructive discharge claim.”
7th Circuit Judge Michael Kanne dies
Judge Michael Kanne of the 7th Circuit Court of Appeals, whose 50 years on the bench began in Jasper County, died June 16 at his home with his wife, Judith Ann, at his side. He was 83.
7th Circuit tosses aggravated felony under ‘overbroad’ criminal statute
Finding Indiana’s 2006 statute regarding methamphetamine criminalized more conduct than the corresponding federal law, the 7th Circuit Court of Appeals found an Indiana man’s conviction after pleading guilty to a drug charge was not an aggravated felony for purposes of deportation.
Seymour attorney disciplined by IN Supreme Court after 7th Circuit suspension
A Seymour attorney suspended by the 7th Circuit Court of Appeals for misconduct has been hit with reciprocal discipline from the Indiana Supreme Court.
Summary judgment for IWU affirmed on retaliation, age discrimination claims, but race discrimination claim remanded
The grant of summary judgment to Indiana Wesleyan University on a former employee’s retaliation and age discrimination claims has been upheld, but the issue of whether the employee’s termination was racially motivated has been remanded.
Indiana Court Decisions: May 19-June 1, 2022
7th Circuit Court of Appeals Published May 18, posted to theindianalawyer.com on May 19 Danielle Albert v. Kilolo Kijakazi, Acting Commissioner of Social Security 21-2592 7th Circuit affirms denial of disability benefits, urges petitioner to ‘give work a shot’ A northern Indiana woman who applied for Social Security disability benefits shortly after graduating from high […]
7th Circuit dismisses prisoner’s appeal over wiretap warrant access for lack of jurisdiction
A federal prisoner’s appeal of a magistrate judge’s denial of his request to access a wiretap warrant from his case was dismissed Monday after the 7th Circuit Court of Appeals found the order was not entered by a district judge and that it ultimately lacked jurisdiction to do anything else with the case.
7th Circuit affirms judgment to Eskenazi in dental hygienist’s discrimination suit
A dental hygienist who claimed she did not get a pay raise as a result of racial discrimination lost her appeal of the judgment in favor of her employer at the 7th Circuit Court of Appeals.
7th Circuit affirms dismissal of Indiana homeowners’ suit over Lake Michigan beach ownership
Continuing a yearslong legal battle over property rights along Indiana’s Lake Michigan shoreline, the 7th Circuit Court of Appeals upheld the dismissal of a lawsuit brought by property owners who claimed an Indiana Supreme Court decision upholding public rights to the shoreline constituted an unlawful taking of their property.
Pryor may have easier path to 7th Circuit confirmation than past nominees
Now that she has been nominated to the 7th Circuit Court of Appeals, Magistrate Judge Doris Pryor of the Southern Indiana District Court is facing a journey to the appellate bench that has not always been smooth for Indiana judges tapped by Democratic presidents.
Indiana Court Decisions – May 5-18, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit affirms dismissal of habeas petition, but overturns 2 cases on jurisdiction
The 7th Circuit Court of Appeals has affirmed the dismissal of a parolee’s habeas petition for failure to exhaust state remedies, but not for lack of jurisdiction. In reaching its decision, the appellate court overturned two precedents described as causing “mischief.”
7th Circuit affirms denial of disability benefits, urges petitioner to ‘give work a shot’
A northern Indiana woman who applied for Social Security disability benefits shortly after from graduating high school did not convince the 7th Circuit Court of Appeals that an administrative law judge erred in denying her claim.
Martinsville school must allow trans student to use restroom aligning with gender identity pending appeal
The Martinsville school district must continue to allow a transgender middle school student to use the restroom that aligns with his gender identity after a federal court declined to put a stay on its preliminary injunction in favor of the student.
7th Circuit dismisses CHINS lawsuit challenging Indiana’s foster care system
The 7th Circuit Court of Appeals has dismissed a lawsuit pushing for better treatment of children in Indiana’s foster care system, finding it difficult to determine what options for relief are open to a federal court but closed to a CHINS court.