The 7th Circuit Court of Appeals agreed Thursday with an Indiana woman acting as guardian for a relative that the state can’t retain the interest earned on unclaimed property once the owner files a valid claim to the property. Katherine Cerajeski argued that action by the state is a taking that violates the takings clause in the Constitution because the owner is paid nothing for his lost interest.
Are Marion County Township courts “judicial districts” under the Fair Debt Collection Practices Act, thus allowing a man to sue a debt collector for bringing an action in an inconvenient township court? Depends on who you ask on the 7th Circuit Court of Appeals, as the majority ruled in favor of the debt collector Thursday.
The 7th Circuit Court of Appeals ruled a District Court judge from Evansville should not have excused two insurance companies from covering a $13.5 million award solely because the companies were notified of the award after the trial.
Thomas R. Philpot, the former Lake County clerk convicted of taking more than $24,000 in federal funds earmarked for child support and using that money to pay himself bonuses, will not receive a new trial, the 7th Circuit Court of Appeals held this week.
A man wrongly prosecuted, convicted and imprisoned for the arson of Frankton High School more than 10 year ago was ultimately freed, but the 7th Circuit Court of Appeals Tuesday blistered attorneys in a subsequent malicious prosecution lawsuit who successfully argued in the U.S. District Court for dismissal of the man's federal complaint.
A man’s 60-month sentence for stealing from his employer for many years – a sentence beyond the advisory guidelines range – is reasonable, the 7th Circuit Court of Appeals ruled Friday. The man challenged the District Court’s recalculation of his guidelines range after he appealed his sentence.
The reasons a company gave for firing its most productive salesman – who also happened to be its oldest – raise potential credibility issues, the 7th Circuit Court of Appeals ruled Thursday. The judges decided the salesman’s age discrimination lawsuit should proceed to a jury.
The 7th Circuit Court of Appeals court didn’t exactly call an Indiana appeal a small-change case, but it suggested the few dollars each member of a class might receive could be more usefully given to charity.
A taped conversation between a suspected heroin dealer and a confidential informant in which a sentence was admitted into evidence was not fruit of the poison tree dooming a conviction that was supported by plenty of other evidence, the U.S. 7th Circuit Court of Appeals ruled Tuesday.
A District Court’s failure to review evidence and provide a considered analysis for admitting that evidence drew an admonishment – but no reversal – from the 7th Circuit Court of Appeals.
An Indiana man who supplied a fake identification that used the recipient’s real name may not be subjected to the federal aggravated identity theft statute, the 7th Circuit Court of Appeals ruled Friday in a unanimous en banc decision.
A defendant’s contention that the District Court should have considered all the mitigating factors during his sentencing was characterized by the U.S. 7th Circuit Court of Appeals as turning sentencing discussions into “checklist exercises.”
Complaints for damages from two mechanics that were injured by a semi trailer they were working on were partially reinstated Friday by the 7th Circuit Court of Appeals.
Contradictory testimony given in two plea agreements presented the U.S. District Court for the Southern District of Indiana, Evansville Division, with the “classic choice” of whom to believe.
A lawsuit claiming that hundreds of tractor-trailer owner-operators may be owed damages of more than $5 million will remain in federal court, the 7th Circuit Court of Appeals ruled Friday.
Two class actions claiming Kenmore washing machines sold at Sears stores were defective were reinstated by the 7th Circuit Court of Appeals on Thursday after certification of the suits was vacated in June by the U.S. Supreme Court.
A man whose family spent millions while he pleaded poverty to gain need-based scholarships for his children and failed to report foreign bank accounts lost the federal appeal of his conviction on multiple tax charges Thursday.
Sikiru Adeyeye had a mission when his father died in Nigeria three years ago. Letters to his employer asking to take one week of paid vacation and several weeks off without pay expressed the urgency of his obligation.
Despite a man’s plea agreement in which he waived his right to challenge his conviction under 28 U.S.C. 2255, the 7th Circuit Court of Appeals ruled he can seek to have his conviction overturned because the 2255 waiver does not bar his claim that his trial counsel was ineffective.
An Indiana Department of Health lab worker’s claim that he was fired because of his age, race or gender was rightly rejected by the District Court, the 7th Circuit Court of Appeals ruled Friday.