Indiana’s cold beer law heading to 7th Circuit
Convenience stores will soon have the chance to convince the 7th Circuit Court of Appeals that Indiana’s restrictions on cold beer sales violate the U.S. Constitution.
7th Circuit Court of Appeals
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7th Circuit declines collateral-order review in infertility lawsuit
A Fort Wayne woman’s discrimination lawsuit against the Diocese of Fort Wayne-South Bend will continue despite the Catholic Church’s attempt to get the 7th Circuit Court of Appeals to intervene before trial and dismiss the complaint on religious freedom grounds.
Evidence of felon’s gun tattoo not error
A defendant who took the stand in his federal trial for felony firearm possession failed to convince the 7th Circuit Court of Appeals Nov. 26 that the evidence of his gun tattoo should not have been admitted.
7th Circuit reverses summary judgment in prison attack lawsuit
Repeatedly drawing attention to the heavily redacted record and scant information about procedures, the 7th Circuit Court of Appeals tossed out a summary judgment granted to the government in a lawsuit stemming from a prison yard attack.
Government’s legal error requires another look at convictions
The United States government conceded on appeal that its treatment of vehicle titles and license plates as “property” from the perspective of Indiana in order to convict defendants of conspiracy to commit mail or wire fraud was a legal error. The 7th Circuit Court of Appeals reversed the convictions but did not foreclose the possibility of retrial.
Man convicted of making false statements on gun application to get new trial
The 7th Circuit Court of Appeals reversed a Manilla, Indiana, man’s convictions of making false statements in connection with the purchase of a firearm, holding the trial court violated his due process right to present a mistake-of-fact defense.
Appeals court weighing Indiana strip club dispute
A federal appeals court is now considering whether northeastern Indiana city officials acted properly when they prevented a strip club from opening.
7th Circuit will hear killer’s appeal en banc
The full 7th Circuit Court of Appeals will decide whether an Arkansas man on death row should die for killing a Texas woman nearly 20 years ago. The judges decided Wednesday to grant Bruce Carneil Webster’s petition for rehearing en banc.
Court affirms dismissal of lawsuit alleging malicious prosecution
The 7th Circuit Court of Appeals upheld the decision to dismiss a man’s Section 1983 lawsuit claiming malicious prosecution by a police officer and bank, finding the man never presented a viable constitutional violation to support the claim.
7th Circuit reverses 2 special conditions with bank fraud conviction
The government conceded that a man convicted for using fraudulently produced credit cards should not be subjected to suspicionless searches and seizures by authorities, so the 7th Circuit Court of Appeals reversed that condition of his supervised release.
Judges affirm DOE can counterclaim for repayment of student loans
The 7th Circuit Court of Appeals agreed with the lower court that the U.S. Department of Education’s counterclaim for loan repayment, filed in a man’s lawsuit seeking to not have to repay his student loans, is not barred.
Judges say Circuit split requires clarification from sentencing commission
A panel of judges on the 7th Circuit Court of Appeals affirmed a man’s 117-month prison sentence on drug and weapons charges, but two judges believed the case should have been heard en banc based on the importance of a sentencing issue.
Error in admitting drug conviction was harmless, 7th Circuit rules
Although a witness’s changed testimony did not open the door wide enough to allow the introduction of a defendant’s prior drug record, the prosecution’s case was still substantial without the improper evidence so the defendant’s federal conviction will stand.
‘Common sense’ requires ruling in favor of inmate, judge says
The 7th Circuit Court of Appeals reversed judgment in favor of jail officials on an inmate’s complaint that he was denied medical access while in jail. The judges did not agree with the magistrate judge’s decision that Randy Swisher had failed to exhaust his administrative remedies by not filing a written grievance.
Strip club case heads to federal appeals court
The 7th U.S. Circuit Court of Appeals in Chicago will hear arguments on whether a northeastern Indiana city acted properly when it prevented a Fort Wayne couple from opening a strip club.
7th Circuit rules against insurer in jurisdiction dispute
The 7th Circuit Court of Appeals reversed a federal court judgment in favor of an insurer after the insurer’s motion to intervene in a state court lawsuit on the same matter was denied. The federal court incorrectly determined the state court did not have jurisdiction over an injured worker’s lawsuit.
Same-sex marriage rulings stand
The Supreme Court of the United States has let stand rulings from the 7th Circuit and other federal courts that will end laws against same-sex marriage in Indiana and other states.
7th Circuit rebukes counsel involved in attempt to collect debt
The 7th Circuit Court of Appeals had harsh words for counsel on both sides of a lawsuit involving an unpaid educational debt, finding the attorneys have demonstrated “appalling judgment” in this case.
Taft partner appointed to Bankruptcy Court
Jeffrey J. Graham, a partner at Taft Stettinius & Hollister LLP in Indianapolis, is the newest Bankruptcy judge in the Southern District of Indiana. The 7th Circuit Court of Appeals announced his appointment Monday.
7th Circuit stays same-sex marriage decisions
The 7th Circuit Court of Appeals has granted the motion for a stay of mandate filed by the defendants in Indiana’s same-sex marriage lawsuits.