Bankruptcy filings still falling but increase could be coming
Bankruptcy filings are continuing to plunge, falling nearly 30% for the 12-month period that ended Sept. 30. But the downward trend could be the calm before the storm.
7th Circuit Court of Appeals
Articles
7th Circuit considering dispute over Lake Michigan access
A federal appeals court appeared unlikely to disturb a 2018 Indiana Supreme Court ruling that held that the shoreline of Lake Michigan is, and always has been, owned by the state for the public’s use.
7th Circuit: Prisoner ineligible for relief due to COVID-19 vaccination
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 and compelling reasons.
Judge’s reliance on paraphrase leads to overturned sentence
The 7th Circuit Court of Appeals has overturned the enhanced sentence of an Indiana man, ruling the enhancement did not apply because the gun he possessed was not the one used in the commission of the crime.
Indiana ‘abortion complications’ reporting law takes effect after 3 years
A federal appeals court has cleared the way for Indiana officials to start enforcing a law requiring reports from doctors if they treat women for complications arising from abortions, even though the court said the law could be struck down in the future.
Spickelmier: 7th Circuit’s decision impacts tenants who purchase real estate
A significant decision came out of the 7th Circuit this September in the world of environmental practitioners and professionals, but many real estate tenants, developers, owners, investors and attorneys who do not specialize in environmental law may not appreciate the impact of this decision on due diligence, timing and costs for preserving a property owner’s defense against Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability
Indiana Court Decisions – Oct. 7-20, 2021
Indiana Supreme Court Oct. 7 Civil Tort-Mental Health/Motion to Amend Betty Miller, Individually and as Personal Representative of the Estate of John Allen Miller v. Laxeshkumar Patel, M.D., John Schiltz, M.D., Benjamin Coplan, M.D., Joseph Hill, M.D., Erik Fossum, M.D., Bradford Hale, M.D., Christine Tran, M.D., James Blickendorf, M.D., Robert McAllister, M.D., Sara Koerwitz, M.D., […]
Indiana asking 7th Circuit to review challenge to foster care system
In a case that even the district court acknowledged tested the limits of federal interference in state court matters, the Indiana Department of Child Services and Gov. Eric Holcomb are asking the 7th Circuit Court of Appeals to review the denial of their motion to dismiss a lawsuit brought by children in the foster care system.
Denial of Batson challenge, sentencing appropriate for kidnapper, 7th Circuit affirms
A man who went on a violent crime spree with four accomplices across three states wasn’t improperly denied a Batson challenge, and the enhanced sentence imposed on the kidnapper wasn’t inappropriate, the 7th Circuit Court of Appeals has affirmed.
7th Circuit: Warrantless seizure of parolee’s cellphone data justified
A parolee’s Fourth Amendment rights weren’t violated when police extracted data from his cellphone, which contained child pornography, after discovering methamphetamine hidden behind the back cover of the phone’s case, the 7th Circuit Court of Appeals has affirmed.
Hill accusers say state was their employer, possibly in conjunction with General Assembly
Three of the four women who accused former Indiana Attorney General Curtis Hill of sexual misconduct are rejecting the argument that they were employed solely by the Indiana Legislature, arguing instead that the state was their employer, possibly in conjunction with the two legislative bodies.
7th Circuit judges St. Eve, Scudder named Judicial Conference committee chairs
Two 7th Circuit Court of Appeals judges have been selected to serve as chairs of Judicial Conference committees, United States Chief Justice John Roberts announced Thursday.
7th Circuit condemns 75-day delay in opinion, saying wait could spell ‘disaster’ for litigants
A federal judge whose delayed opinion could have been “catastrophic” for a litigant has been reprimanded by the 7th Circuit Court of Appeals, which cautioned other district judges not to follow suit.
Indiana Court Decisions – Sept. 23-Oct. 6, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Longtime 7th Circuit executive Fitzpatrick retires after 50 years
Collins Fitzpatrick, who initially served as a law clerk at the 7th Circuit in 1971, would later become the federal judiciary’s longest-serving circuit executive to date. After serving in that position for 45 years, Fitzpatrick retired Sept. 28 — leaving behind a legacy that both judges and attorneys alike argue will be hard to replicate.
IU students again challenging vaccine mandate at 7th Circuit
A group of Indiana University students challenging the school’s COVID-19 vaccine mandate are seeking relief from the 7th Circuit Court of Appeals, arguing IU should have the burden to prove that the mandate is constitutional.
7th Circuit upholds convictions for drug ringleader Grundy, multiple crew members
The 7th Circuit Court of Appeals has upheld convictions for Indianapolis drug kingpin Richard Grundy and members of his crew following their 2019 convictions in a wide-ranging trafficking conspiracy. But the court did reverse two convictions for one member of Grundy’s team, finding evidence “left a reasonable doubt” that he committed the crimes.
Hill not participating in appeal of case stemming from sexual misconduct allegations
Three of the four women who in 2018 accused former Indiana Attorney General Curtis Hill of sexual misconduct are appealing the dismissal of their Title VII claims against the state, but Hill has declined to participate in the appeal.
Vaccine mandates still contested issue inside law offices, courts as president prepares requirements
Whether by choice or force, COVID-19 vaccine mandates are changing operations in law offices and courtrooms across the country.
Indiana Court Decisions – Sept. 9-22, 2021
Read Indiana appellate court decisions from the most recent reporting period.