Wood breaks gender barrier on the 7th Circuit
Diane P. Wood’s first day as the first female chief judge of the 7th Circuit Court of Appeals also was the first day of the recent government shutdown.
7th Circuit Court of Appeals
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Kraft prevails in Cracker Barrel fight
Not coming soon to a grocery store near you: food products from Cracker Barrel Old Country Store restaurants.
7th Circuit blocks Obamacare ‘contraception mandate’
Roman Catholic employers – including the owners of an Indiana company – won a Circuit Court ruling Friday blocking the “contraception mandate” contained in the Patient Protection and Affordable Care Act, commonly referred to as Obamacare.
7th Circuit case docketing fees increasing Dec. 1
Beginning Dec. 1, it will cost an extra $50 to appeal a case to the 7th Circuit Court of Appeals. Notice of appeals, as well as petitions for review/applications for enforcement and writ of mandamus, will cost $500.
Service-animal suit against Evansville schools proceeds
A federal lawsuit brought under the Americans with Disabilities Act after Evansville schools adopted a policy restricting the use of service animals will proceed.
Former university soccer coach’s lawsuit after charges dropped fails
The 7th Circuit Court of Appeals agreed with the lower court Monday that a lawsuit brought by a former soccer coach at Oakland City University against an arresting officer should be dismissed for being time-barred. Christian Serino alleged his constitutional rights were violated and multiple state-law torts were committed after trespass and resisting law enforcement charges against him were dropped.
State can’t keep interest earned on unclaimed property
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.
7th Circuit splits over Marion County Small Claims debt collection suit
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.
Insurance companies fail to show they were harmed by untimely notice
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.
Former Lake County clerk’s convictions upheld by 7th Circuit
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.
7th Circuit blasts lawyers in reinstating malicious prosecution suit
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.
7th Circuit affirms above-guidelines sentence for embezzlement
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.
Jury should hear discrimination suit filed by fired ‘salesman of the year’
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.
Judge reverses ATM fee class decertification; suggests any award go to charity
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.
7th Circuit: Recording of drug deal doesn’t taint conviction
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.
7th Circuit cautions bare-bones recitation of Rule 403 insufficient
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.
Fake ID using own name not aggravated ID theft, 7th Circuit rules
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.
Judges to use discretion – not checklists – when imposing sentences, 7th Circuit rules
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.”
7th Circuit reinstates mechanics’ claims of faulty trailer-support design
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.
7th Circuit declines to second guess co-defendant credibility in firearm sentence
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.