Indiana Court decisions – Dec. 16-Dec. 29, 2021
Indiana Court decisions – Dec. 16-Dec. 29, 2021
7th Circuit Court of Appeals
Articles
7th Circuit orders district court to resentence fleeing defendant
A Northern Indiana District Court judge who sentenced a defendant to the maximum will have to go back for a do-over after the 7th Circuit Court of Appeals vacated the prison term because of procedural errors that could not be deemed harmless.
7th Circuit: Indiana man waived right to challenge arrest history at sentencing
An Indiana man convicted of possession with intent to distribute methamphetamine will not have his prison time reduced after the 7th Circuit Court of Appeals opined he waived his right to challenge the consideration of his arrest history at sentencing.
7th Circuit: Southern District must recalculate restitution in fake credit card case
The U.S. District Court for the Southern District of Indiana will need to recalculate the restitution owed by an Indiana woman who was convicted of stealing thousands of dollars by creating fake credit cards after the 7th Circuit Court of Appeals vacated its remanded order for a second time.
7th Circuit affirms for ruling collections company in credit information dispute
A collections company’s compliance procedures were reasonable and met the requirements of the Fair Credit Reporting Act in its pursuit of collecting from an Indiana woman, the 7th Circuit Court of Appeals has ruled.
7th Circuit affirms prison sentence for ex-Lake County sheriff Buncich
A former Lake County sheriff convicted of wire fraud and bribery will not have his 12-plus-year federal prison sentence reduced after the 7th Circuit Court of Appeals rejected his appeal.
7th Circuit revives complaints in Cook MDL
After Cook, Inc., had a pair of complaints dismissed from a multi-district litigation by arguing the opposite of what it had asserted against other complaints filed in the same MDL, the 7th Circuit Court of Appeals reinstated the two lawsuits, finding the switcheroo was not fair to the plaintiffs.
7th Circuit upholds Indy man’s drugs, firearm convictions
An Indianapolis man convicted of multiple drug and firearm felonies failed to convince the 7th Circuit Court of Appeals that there were evidentiary or constitutional errors in his case that warranted a reversal.
Wood plans for senior status, giving Biden another 7th Circuit pick
Judge Diane Wood of the 7th Circuit Court of Appeals has announced she will be taking senior status, giving President Joe Biden a third opportunity to fill a vacancy on the Chicago-based appellate bench.
7th Circuit: No duty of care owed to man injured while driving pallet jack
A pallet company did not owe a duty of care to a man whose foot was crushed and amputated after he was injured while operating a machine used to lift and transport pallets, the 7th Circuit Court of Appeals has affirmed.
Inmates seeking COVID compassionate release face higher hurdle with 7th Circuit ruling
Since March 2020, attorney Kathryn DiNardo has taken up dozens of cases through the Indiana Federal Community Defenders from inmates hoping to be released early because of the pandemic. Those cases are but a drop in the bucket of inmates who have applied for compassionate release, and a July ruling from the 7th Circuit Court of Appeals has seemingly further dwindled their chances of success.
Indiana Court Decisions – Nov. 17-30, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Federal court denies motion to sanction Indy attorney for Trump Wisconsin lawsuit
A district court in Wisconsin has rejected a bid by Wisconsin officials to recoup attorney fees from the Indianapolis law firm of Kroger Gardis & Regas for what the court called a “meritless case” of contesting how the November 2020 general election was conducted.
7th Circuit reverses summary judgement for Indy police officer in excessive force case
The 7th Circuit Court of Appeals is sending an excessive force case back down to the U.S. District Court for the Southern District of Indiana after it found the district court erroneously awarded summary judgment to an Indianapolis police officer and the city.
7th Circuit asked to reinstate employment claims against state in former AG Hill groping case
The issues of jurisdiction and employment relationships were at the center of arguments before the 7th Circuit Court of Appeals on Thursday as three of the four women who accused former Indiana Attorney General Curtis Hill of drunkenly groping them asked the appellate panel to reinstate their federal lawsuit against the state.
7th Circuit Judge David Hamilton to take senior status in 2022
Judge David F. Hamilton will take senior status from the 7th Circuit Court of Appeals next year.
Former AG Hill could call dozens of lawmakers in state court defense against groping civil case
As the four women who accused former Indiana Attorney General Curtis Hill of sexual misconduct are preparing to take their Title VII case to the 7th Circuit, Hill is preparing to defend himself in state court, releasing a list of witnesses that includes more than two dozen lawmakers.
Citing confusion in circuit courts, Health and Hospital Corp. urges SCOTUS to take appeal over nursing home resident rights of action
The Health and Hospital Corp. of Marion County is asking the U.S. Supreme Court to stop a lawsuit brought on behalf of an Indiana nursing home resident that raises the question of whether the Federal Nursing Home Reform Act allows residents to bring claims regarding their care and treatment.
Indiana Court Decisions – Nov. 4-16, 2021
7th Circuit Court of Appeals Nov. 5 Criminal-Compassionate Release/COVID-19 Vaccine United States of America v. Timothy Kurzynowski 20-3491 The 7th Circuit Court of Appeals has upheld the denial of relief to a man convicted of child pornography crimes, finding that because he is vaccinated against COVID-19, he is ineligible for relief on remand for extraordinary […]
7th Circuit affirms lengthy sentence for Indy drug conspiracy’s ‘right-hand man’
The 7th Circuit Court of Appeals has affirmed an Indianapolis man’s sentence for his involvement in a massive methamphetamine drug ring that involved dozens of firearms and multiple illicit substances.