Judge spares Baer death penalty, resentences killer to life in prison
A man convicted of killing a central Indiana woman and her 4-year-old daughter has been sentenced to life in prison after a federal appeals court threw out his death sentence.
7th Circuit Court of Appeals
Articles
7th Circuit vacates denial of disability benefits to woman with mental illness
A bipolar woman’s application for disability benefits will be reconsidered after the 7th Circuit Court of Appeals concluded an administrative law judge failed to consider her treating psychiatrist’s opinions in its denial.
After SCOTUS ruling, 7th Circuit reaffirms ‘crime of violence’ vague
The 7th Circuit Court of Appeals will stick with its initial decision to vacate and remand two men’s sentences after the United States Supreme Court concluded that the definition of “crime of violence” in 18 U.S.C. § 924(c)(3)(B) was unconstitutionally vague.
RV manufacturer prevails against warranty breach claims
Although sympathetic toward a couple who bought an RV riddled with problems, the 7th Circuit Court of Appeals affirmed an award of judgment for the RV’s manufacturer after finding no breach of the warranty or its provisions.
Ex-Covance worker’s retaliation lawsuit reinstated
The 7th Circuit Court of Appeals has reinstated a man’s lawsuit alleging his former employer refused to hire him permanently in retaliation of prior discriminatory complaints he filed.
Maley: Contempt order shows electronic case filing e-notice risks
For years now, all federal courts have been using ECF electronic filing along with electronic service of filings and court orders. This system offers great convenience and efficiencies, but in today’s litigation practices, with the seemingly nonstop, never-ending inflow of email, the risks of missing a court order are increased. This proved painful in a recent 7th Circuit decision.
Indiana Court Decisions – July 2–17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Fired Zamboni driver loses discrimination appeal
A Zamboni driver that was fired after crashing the machine in an ice rink lost his appeal when the 7th Circuit Court of Appeals concluded he failed to prove his employer failed to accommodate his disability.
7th Circuit upholds enhanced sentence under Armed Career Criminal Act
A convicted drug offender has lost an appeal of his enhanced sentence after failing to convince the 7th Circuit Court of Appeals that the enhancement was improper because his former cocaine dealing conviction was not a predicate “serious drug offense” under the Armed Career Criminal Act.
Whether armed robber ‘physically restrained’ victims splits 7th Circuit
The question of whether an armed robber can be said to have physically restrained his victims as an enhancement under federal sentencing guidelines split the 7th Circuit Court of Appeals on Thursday. The ruling also deepened a wide circuit split on the issue, with judges answering the question by employing a classic legal maxim: It depends.
7th Circuit: Title agency can’t sue state to get back surrendered licenses
A title insurance company barred from doing business in Indiana after the Department of Insurance found hundreds of violations in an audit cannot sue to reclaim the licenses it voluntarily surrendered, the 7th Circuit Court of Appeals has ruled.
Judgment for ex-Notre Dame prof who stole grant funds reversed
A fired Notre Dame professor convicted of a felony for theft of grant money and found to have possessed pornographic images on university computers lost on appeal a judgment in his favor of more than $500,000 in a breach of contract lawsuit against the university.
Indiana Court Decisions — June 20-July 1, 2019
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit reinstates student case against Purdue in sexual assault case
Finding dismissal was premature, the 7th Circuit Court of Appeals has reinstated a lawsuit against Purdue University brought by a male student accused of sexual assault.
7th Circuit: Finish Line, resale company’s breach dispute rightly tossed
A shoe resale company couldn’t convince the 7th Circuit Court of Appeals that its contract with Indianapolis-based Finish Line Inc. was breached, or that the language of the parties’ agreement was ambiguous and provided for an extension.
Applications being taken for PACER review committee
The federal judiciary is seeking members for the new Electronic Public Access (EPA) Public User Group, which is being formed to provide advice and feedback on the court’s Public Access to Court Electronic Records (PACER) system. Up to 12 individuals will be selected from the legal sector, media, academia, government agencies, the public and other entities that use PACER to serve for two years on the group.
7th Circuit reverses ruling for insurer over ‘blown deadlines’
The 7th Circuit Court of Appeals has vacated judgment for a plan administrator after concluding insurers will not receive deferential authority if they fail to meet regulatory deadlines under the Employee Retirement Income Security Act of 1974.
7th Circuit: German company lacks evidence to support yacht-related damages
A German company has failed to convince the 7th Circuit Court of Appeals that it should be awarded more than $1 million in damages for a yacht it purchased from an Indiana boat manufacturer.
Indiana Court Decisions — June 5-19, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Man with intellectual disability freed from death sentence
An Arkansas man sentenced to death for murdering a teenage girl in Texas 25 years ago has been granted his petition for habeas corpus after a federal judge determined him to be ineligible for the death penalty due to his intellectual disability. The man will be resentenced in Texas.