No ineffective counsel, habeas relief for man convicted of rape, domestic battery in state court
A man convicted of rape and battery against his ex-girlfriend in state court has failed in his bid to win habeas relief at the federal level.
7th Circuit Court of Appeals
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Latin Kings leaders lose appeals of convictions, life sentences
A pair of northern Indiana gang leaders who were sentenced to life in prison for their roles in gang-related murders and drug activity have failed in their challenges to their convictions and sentences at the 7th Circuit Court of Appeals.
7th Circuit: Class certification properly denied in motel franchisee’s suit against vendor
A class certification under the Telephone Consumer Protection Act was properly denied against a motel franchisee who sued a fitness equipment vendor, the 7th Circuit Court of Appeals has ruled.
7th Circuit: Proper venue for Zimmer Biomet bribery trial is Mexico
Allegations that Zimmer Biomet Holdings Inc. engaged in a bribery scheme of Mexican government officials led to an “unusual twist” of Zimmer and the Mexican plaintiff each arguing against trying the case in their respective home courts, but the 7th Circuit Court of Appeals agreed with the medical device manufacturer that under the forum non conveniens doctrine, the case should be dismissed from the Northern Indiana District Court.
7th Circuit: Woman injured from tripping over curb can’t hold Speedway liable
A woman who injured herself after tripping over a curb at a Speedway convenience store did not convince the 7th Circuit Court of Appeals that the gas station was liable for her injuries.
Indiana Court Decisions: Feb. 24-March 9, 2022
Read Indiana appellate court decisions from the most recent reporting period.
District court erred in ‘distribution’ enhancement in child porn case, 7th Circuit rules
A man convicted of transporting and possessing child pornography could have his sentence reduced after a federal appeals court determined his saving of the images in a cloud-based folder didn’t amount to “distribution.”
7th Circuit cannot reconcile ALJ’s contradictory findings, remands denial of benefits
Holding the administrative law judge failed to “clearly and rationally” articulate the reason for her finding that an Indiana woman who could sit for no longer than 15 minutes at a time would be able to perform a sedentary job, the 7th Circuit Court of Appeal remanded the case to the Social Security Administration for another review.
7th Circuit: Solitary confinement prisoner failed to exhaust administrative remedies
A prisoner who spent nearly four years in solitary confinement failed to exhaust his administrative remedies before filing a federal claim about his prison conditions. He also failed to budge a 7th Circuit Court of Appeals decision affirming judgment against him.
7th Circuit rejects felon’s ‘stalking horse’ argument
In a case of first impression, the 7th Circuit Court of Appeals denied a “stalking horse” argument made by a convicted felon on parole who was caught unlawfully possessing firearms.
7th Circuit: Convicted CEO Burkhart doomed by evidence, not Barnes & Thornburg’s conflict of interest
Although the 7th Circuit Court of Appeals agreed the legal counsel had a conflict of interest when defending James Burkhart against federal fraud charges, the disgraced CEO of American Senior Communities failed to show he suffered as a result.
7th Circuit affirms rulings in ‘acrimonious’ dispute over property value assessment
The 7th Circuit Court of Appeals has affirmed a lower court’s various rulings in “acrimonious” litigation between an appraiser and a bank.
7th Circuit: Product liability claims against Cook Medical untimely
An Oregon woman who brought product liability claims in a short-form complaint against Indiana-based Cook Medical could not succeed on appeal because her claims were untimely, the 7th Circuit Court of Appeals has affirmed.
Disability denial highlights credibility issue
Erica Mandrell’s story of failing to convince a judge that her mental trauma qualified her for disability benefits is so common that her attorney said the denial reflects the “default culture” of the Social Security Administration.
Indiana Court Decisions: Feb. 10-23, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit demands Seymour attorney answer for conduct at appellate court
An appeal of a federal court’s ruling in a dispute with the IRS has a Hoosier attorney facing sanctions after the 7th Circuit Court of Appeals found he “pressed frivolous arguments” and engaged in conduct contrary to professional standards.
Despite identity theft, 7th Circuit rules debt collectors didn’t violate federal law in collection action
While the process of remedying a case of credit card identity theft caused “a world of aggravation” for the plaintiff, the 7th Circuit Court of Appeals has affirmed the debt collectors’ actions during the investigation didn’t violate the Fair Debt Collection Practices Act or Fair Credit Reporting Act.
7th Circuit finds insurance co. has to defend USA Gymnastics against Nassar-related claims
A split 7th Circuit Court of Appeals panel has affirmed Liberty Insurance Underwriters Inc. must defend USA Gymnastics against the lawsuits filed by the athletes and affiliated gyms arising from Larry Nassar sexually assaulting hundreds of girls and young women over decades.
7th Circuit determines $435K arbitration award was money judgment, not property interest
A $435,000 arbitration award was a money judgment that is subject to discharge in a bankruptcy case, the 7th Circuit Court of Appeals ruled in a dispute between ex-spouses.
7th Circuit reverses 16-year drug sentence, finds district court relied on unsubstantiated allegations
Finding federal prosecutors failed to present any evidence to support the allegation that Edward Gibbs confessed to conspiring to distribute 4.5 kilograms of crystal meth, the 7th Circuit Court of Appeals overturned his 16-plus-year sentence and remanded for resentencing at a lower offense level.