Indiana Court Decisions – July 29-Aug. 11, 2021
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
Boshkoff: Preliminary and postliminary activities under the FLSA
In March, the 7th Circuit ruled that members of the Chicago Police Department’s Special Weapons and Tactics Unit were not entitled to minimum wage or overtime compensation for off-duty time they spent storing their rifles and gear in their homes. The ruling provides clarification of preliminary and postliminary work activities and the “continuous workday rule” under the Fair Labor Standards Act.
7th Circuit affirms former Goshen factory not posing danger to residents
The 7th Circuit Court of Appeals has affirmed a federal judge’s ruling that a former factory in Goshen is not posing any ongoing dangers to the health of residents in the area.
Divided 7th Circuit reverses order to remove sex offender names for ‘right to travel’ violation but remands equal-protection claim
A split en banc 7th Circuit Court of Appeals has reversed a decision from an original three-judge panel that ordered the removal of six names from the Indiana sex offender registry, finding that the state’s sex offender registration law doesn’t discriminate based on residency. However, the case was remanded for further consideration of an equal-protection claim.
7th Circuit affirms sentence in teen sex trafficking case
A man who exploited a teen in the foster care system will keep his decades-long sentence for crimes related to sex trafficking, the 7th Circuit Court of Appeals has ruled.
Former Roncalli counselor to appeal ruling for Archdiocese to 7th Circuit
Lynn Starkey, the Roncalli High School counselor who was fired for being in a same-sex marriage, is planning to appeal Wednesday’s ruling in federal court that found the ministerial exception barred her discrimination claims.
7th Circuit revives Reid Hospital’s breach of contract dispute
The 7th Circuit Court of Appeals has overturned summary judgment against Reid Hospital, finding the custom-tailored language in a contract the health care provider signed with an outside vendor for billing and collection services makes clear the parties did not intend insulate the vendor entirely from damages.
Indiana officials appealing decision against abortion laws
The Indiana attorney general’s office has started an appeal of a federal judge’s ruling that several state laws restricting abortion are unconstitutional, including the state’s ban on telemedicine consultations between doctors and women seeking abortions.
Court rules for Roncalli in lawsuit brought by fired counselor in same-sex marriage
Roncalli High School has won a victory in its legal battle with a former guidance counselor who raised discrimination claims after she was fired for being in a same-sex marriage. A federal judge ruled Wednesday that the counselor’s claims against the Indianapolis Catholic high school are barred by the First Amendment’s ministerial exception.
Health and Hospital Corp. seeks rehearing for 7th Circuit’s ruling allowing family to sue nursing home
The Health and Hospital Corporation of Marion County is asking the 7th Circuit Court of Appeals to reexamine its recent ruling on the Federal Nursing Home Reform Act of 1987, saying the opinion conflicts with the court’s previous decision on the federal statute and “federalize(s) a large swath of state medical malpractice law.”
State, abortion providers take home wins, losses in wide-ranging abortion ruling
In an expansive decision detailing the “global assault” on numerous facets of Indiana’s abortion regulation scheme, a federal judge has struck down numerous Indiana abortion limits, such as those restricting telemedicine consultations between doctors and women seeking abortions. Other Hoosier abortion regulations, however, have been upheld, including those requiring an 18-hour delay between a patient’s receipt of required materials and her abortion procedure, as well as an ultrasound requirement.
7th Circuit upholds ruling for manufacturer in repair dispute over soiled RV
A retired couple who did not give the manufacturer of an issue-ridden recreational vehicle a sufficient opportunity to repair a leaking sewage tank cannot succeed in its case against the manufacturer, the 7th Circuit Court of Appeals has ruled.
7th Circuit reverses, orders resentencing after finding man’s battery conviction serves as ACCA predicate
A man convicted on several drug counts who argued that a Northern Indiana judge was wrong about his armed robbery conviction has lost an argument before the 7th Circuit Court of Appeals, which reversed for the federal government in his case.
7th Circuit upholds search warrant that contained false information
The 7th Circuit Court of Appeals agreed with the Northern Indiana District Court that a federal agent’s explanations were plausible and he was “at worst, negligent…” when he obtained a search warrant by telling a magistrate judge a controlled delivery of drugs would be made and then told the magistrate judge the illegal drugs had been recovered even though no drugs had ever been delivered or retrieved.
7th Circuit dismisses as moot state’s appeal of habeas relief in Elkhart murder case
The 7th Circuit Court of Appeals has dismissed as moot Indiana’s appeal of a conditional writ of habeas corpus for a man convicted of murder as a teenager, finding that state-court vacatur of the conviction ended the appellate court’s jurisdiction over the petition.
Man sentenced to life not denied effective counsel, 7th Circuit holds
A man sentenced to life for sexually abusing two children could not convince the 7th Circuit Court of Appeals that his attorney was ineffective while representing him.
Indiana Court Decisions – July 15-28, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Divided 7th Circuit reverses for Indiana over ‘abortion complications’ reporting statute
An Indiana statute requiring medical providers to report to the state complications “arising from” abortions is not unconstitutionally vague on its face, a split 7th Circuit Court of Appeals ruled in a Monday reversal. A dissenting judge, however, would uphold the injunction against the “incomprehensible” law.
7th Circuit declines to impose injection injunction on IU vaccine mandate; students to seek SCOTUS review
The 7th Circuit Court of Appeals has denied a request to enjoin Indiana University’s COVID-19 vaccine mandate, letting the Bloomington-based school system proceed with its requirement that students, faculty and staff be inoculated against the virus before returning to campus this month.
Sentence affirmed for drug distributor in guideline calculation dispute
The 7th Circuit Court of Appeals has affirmed a man’s 23-year sentence for his drug and firearms convictions despite his assertion that the district court erred by including both uncharged and acquitted drug amounts in his guideline calculation.