Indiana Court decisions – Aug. 2–15, 2018
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
Hill enduring backlash in voting lawsuits
Even as the office of embattled Indiana Attorney General Curtis Hill is pleading for more time to challenge a ruling that found changes to the state's voter registration statute violated federal law, it's taking another election dispute to the 7th Circuit Court of Appeals.
7th Circuit vacates denial of benefits to man with shooting pain and numbness
Finding an administrative law judge did not evaluate the credibility of a claimant and instead relied on the testimony of a physician who had not even examined the patient, the 7th Circuit Court of Appeals reversed and remanded the denial of Social Security benefits to an Indiana man.
7th Circuit says vacated Fourth Amendment case was ‘close call’
The 7th Circuit Court of Appeals vacated and remanded a motion to suppress two firearms from a vehicle search after it determined the search was unwarranted due to a lack of reasonable suspicion after an anonymous tip was made.
Assumptions in bankruptcy case leave 7th Circuit ‘colored skeptical’
Assumptive arguments made by a bankruptcy trustee suing former bank directors were rejected by the 7th Circuit Court of Appeals, which said his assertions colored the court skeptical.
7th Circuit: Contract enforceable by mutuality of obligation
A contract dispute between a rubber product maker and its supplier was settled when the 7th Circuit Court of Appeals reversed a decision that claimed the parties’ agreement was unenforceable.
Judge’s miscalculation leads to remand for resentencing
A judge’s miscalculation of a man’s federal court sentence based on the number of his prior felony convictions prompted the 7th Circuit Court to remand for resentencing Thursday.
7th Circuit: Disability benefit arguments lack merit
Medical evidence did not support the testimony of a deceased man about the degree of limitations he experienced, the 7th Circuit affirmed when reviewing his denied disability benefits case. The court found arguments in the case lacked merit.
7th Circuit remands mandatory-minimum drug case for resentencing
A “dangerous drug” conviction in Arizona is not considered a felony drug offense qualifying for particular federal mandatory minimum sentencing in Indiana under because of differences in definitions, the 7th Circuit Court of Appeals determined.
7th Circuit slaps ALJ, remands engineer’s disability case after stroke
A district court’s decision affirming a Social Security administrative law judge’s ruling on the onset date of an engineer’s disability was vacated Wednesday by the 7th Circuit Court of Appeals, which found medical and other evidence strongly suggests an earlier disability date.
7th Circuit rules for paramedic in patient-arrestee’s death
Case law does not clearly establish that a paramedic can violate a patient-arrestee’s Fourth Amendment rights by exercising medical judgment to administer a sedative in a medical emergency, the 7th Circuit Court of Appeals affirmed Wednesday.
The court ruled in the paramedic’s favor on all counts brought by the estate of a man sedated during a naked public rampage.
Federal courts propose broad evidence, civil, bankruptcy rule changes
Proposed federal court rule changes released for public comment Wednesday would impose new duties on prosecutors who seek to introduce evidence of a criminal defendant’s prior crimes and on lawyers involved in depositions, among other changes.
7th Circuit: Meth weight needs only preponderance of evidence
Determining drug quantities at sentencing is not an exact science and requires only proof by a preponderance of the evidence, the 7th Circuit Court of Appeals affirmed Wednesday.
7th Circuit scrubs en banc hearing on welcoming ordinance
Although the 7th Circuit Court of Appeals has cancelled an en banc hearing to reconsider a nationwide injunction that protected welcoming ordinances across the country, it left the door open for the U.S. Attorney General to file a new challenge to what the Trump administration terms sanctuary cities.
AG Hill appeals Marion County early voting plan to 7th Circuit
After Senior Judge Sarah Evans Barker on Thursday afternoon rejected his motion objecting to Marion County’s plan for early voting, Indiana Attorney General Curtis Hill turned to the 7th Circuit Court of Appeals. Hill is proceeding over the objection of Indiana Secretary of State Connie Lawson, whose office is charged by law with election oversight.
Attorney General taking fight against early voting consent decree to 7th Circuit
In defending the Indiana Attorney General’s objection to an agreement about early voting, Indiana Solicitor General Thomas M. Fisher said the action is “rather routine” and the office would be submitting additional filings to the courts, including an appeal to the 7th Circuit Court of Appeals. The comments came two days after the attorney general filed a motion challenging the consent decree establishing five early voting sites in Marion County.
Settlement reached in Indiana Title VII case that started judicial shift
Kimberly Hively, the adjunct math professor whose employment discrimination complaint changed Title VII law in the 7th Circuit, has settled with her former employer, Ivy Tech Community College. But the issue of whether the Civil Rights Act provision extends to sexual orientation continues to roil in other judicial districts and may yet be examined by the U.S. Supreme Court.
Indiana Court decisions – July 15-Aug. 1, 2018
Read Indiana appellate decisions from the most recent reporting period.
7th Circuit upholds brother’s liability for $7 million judgment
A caustic business dispute between brothers has resulted in one brother being held personally liable for a $7 million judgment after the 7th Court of Appeals found his conduct supported a piercing the corporate veil judgment against him.
ALJ’s omitted reason for disability decision troubles 7th Circuit
An administrative law judge’s failure to meet the minimum requirement of explaining her decision in a disability benefits case drew criticism from the 7th Circuit Court of Appeals on Friday.