Indiana Court decisions – Nov. 20-Dec. 4, 2019
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
Uhl and Bose: Domino’s effect: SCOTUS skips clarifying ADA web access
Businesses are increasingly facing lawsuits under the Americans with Disabilities Act (ADA) regarding whether their websites are accessible to persons with disabilities. Recently, the United States Supreme Court declined an opportunity to address the law applicable to such claims, leaving businesses with little clarity as to what potential exposure they face.
SCOTUS leaves Kentucky’s pre-abortion ultrasound law in place
The Supreme Court of the United States on Monday left in place a Kentucky law requiring doctors to perform ultrasounds and show fetal images to patients before abortions. The decision comes as a ruling is expected from the high court on a more restrictive Indiana abortion ultrasound law that was struck down last year.
Phone sex operator wins partial victory on appeal
A former phone sex operator who sued the government after she was allegedly fired from a National Guard volunteer position has won partial victory at the 7th Circuit Court of Appeals, which found that a book the woman wrote about her phone sex conversations was “clearly protected speech.”
Jury awards million-dollar verdict in egg dispute
An Evansville-based egg buyer suffered a $1.46 million jury verdict in late November over a broken agreement to buy more than 100 million eggs, but a piece of the fight involving egg packing materials will continue Tuesday before the 7th Circuit Court of Appeals.
Child porn convictions, sentence upheld for father
A father convicted on multiple child porn charges has failed to find relief from his convictions or sentence at the 7th Circuit Court of Appeals.
Indiana Court Decisions – Nov. 7-19, 2019
Read Indiana appeallte court decisions from the most recent reporting period.
7th Circuit says lawyer intentionally altered photos, threatens sanction
An order to show cause has been entered against a Crawfordsville attorney whom the 7th Circuit Court of Appeals says intentionally altered photographs entered into the record in a slip-and-fall case. The appellate court also raised the possibility of sending the matter to the Indiana Supreme Court Disciplinary Commission.
7th Circuit remands to fix sentencing inconsistency in armed robbery conviction
The 7th Circuit Court of Appeals has remanded to the U.S. District Court for Southern District of Indiana a case that convicted an Indianapolis man for his involvement in a string of armed pharmacy robberies. The appellate court concluded a correction was required because both the written and oral sentences imposed terms of supervised release inconsistently.
7th Circuit affirms Indiana man’s conviction, sentence in child porn case
The 7th Circuit Court of Appeals has affirmed a prison sentence and denial of a man’s motion to suppress stemming from his destruction of evidence and child-pornography related convictions, rejecting his argument that he was less likely to reoffend because he was white, among others.
Federal death row inmate denied stay of execution
A man sentenced to die by lethal injection at the federal prison in Terre Haute was denied a stay of execution in federal court Wednesday, narrowing his remaining appeals and potentially setting the stage for his execution scheduled next month to proceed.
7th Circuit affirms for Marion County sheriff in disability dispute
The 7th Circuit Court of Appeals affirmed on Friday a grant of summary judgment to the Marion County Sheriff’s Department in an employment discrimination dispute with an ex-deputy who claims she was harassed by co-workers because of her disability.
Condo complex loses 7th Circuit appeal in hail damage dispute
An Indianapolis condominium complex cannot seek more than $1 million in damages on a loan it took out to replace the shingles on its buildings, the 7th Circuit Court of Appeals ruled Friday.
Civil penalties imposed on Imperial Petroleum fraudster upheld
A man hired to artificially inflate an Indiana oil company’s stock has lost his appeal at the 7th Circuit Court of Appeals after the federal court concluded the extent of his cooperation and whistleblower activities was adequately assessed when he was issued more than $1.5 million in civil penalties.
Senators seeking applications after Springmann announces senior status
Indiana’s senators are taking applications for an upcoming judicial vacancy after Northern District Court Chief Judge Theresa Lazar Springmann announced she will soon take senior status.
After SCOTUS ruling, 7th Circuit denies compulsory fees refund to non-union member
Despite a Supreme Court ruling making mandatory union fees for non-member public employees illegal, the 7th Circuit Court of Appeals has declined to award a fee refund to the named plaintiff in a landmark labor law case.
Indiana leads amicus brief defending Ohio Down syndrome abortion statute
A split federal appeals court has upheld an injunction against an Ohio law prohibiting abortions based on a fetus having Down syndrome, prompting the Indiana Attorney General’s Office to file an amicus brief in support of the neighboring state.
Indiana appeals vacated conviction in IU student’s killing
Indiana is appealing a federal judge’s ruling that ordered the release of a man convicted in the 2000 killing of an Indiana University student.
Abortion parental notification law possibly headed for SCOTUS after 7th Circuit denial
The 7th Circuit Court of Appeals will not revisit a prior ruling that upheld an injunction on an Indiana law requiring “mature minors” to notify their parents before they have an abortion, setting the case up for a possible trip to the United States Supreme Court.
Osborne: Landlords may be liable for tenant-on-tenant harassment
Some attorneys may be familiar with and can competently advise their clients regarding the federal and state causes of action for hostile work environment. However, there is a similar, lesser-known cause of action for discrimination in the housing context known as “hostile housing environment” that warrants attention in light of a fairly recent opinion by the 7th Circuit Court of Appeals clarifying its scope.