Dismissed dental student loses suit against IU
The Indiana University School of Dentistry student kicked out of the program because of failing grades and allegations of professional misconduct lost her lawsuit because of failure to state a claim.
7th Circuit Court of Appeals
Articles
7th Circuit vacates habeas petition, orders further proceedings
Although a District Court’s grant of the habeas petition of a man claiming he didn’t have an impartial jury was reversed by the 7th Circuit Court of Appeals, the case was sent back to the lower court for the state to show that the jury was not prejudiced.
7th Circuit orders disability case back to administrative law judge
Because the Social Security Administration Appeals Council did not consider new evidence when it was presented – despite its own regulations requiring it to do so – the 7th Circuit Court of Appeals sent a disability insurance benefits case back to the administrative law judge for further proceedings.
7th Circuit to DOC: Sex offender registry error safeguards insufficient
Indiana’s Sex and Violent Offender Registry provides insufficient means for those whose information is incorrect to challenge the information, the 7th Circuit Court of Appeals ruled Tuesday.
Updated instructions aim to prevent social media use during trial
Federal judges have new guidelines for keeping Twitter and Facebook out of the jury box.
Steak ’n Shake loses appeal over franchisee’s independent pricing
A longtime Steak ’n Shake franchisee who sued the chain after it insisted on setting prices for menu items prevailed again Friday as the 7th Circuit Court of Appeals affirmed an Illinois federal court’s ruling in the franchisee’s favor.
7th Circuit rules trial attorneys not ineffective
The 7th Circuit Court of Appeals declined to find a defendant's trial attorneys' representation objectively deficient or ineffective pertaining to how they handled a man’s sentencing hearing.
Man had no constitutional right to counsel
The 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.
Judges uphold insurers’ share of settlement liability
A District judge did not err in how he apportioned liability among three insurers for payment of a settlement between an injured worker and a contractor, the 7th Circuit Court of Appeals held Friday.
7th Circuit rules in favor of attorneys in failed business investment
A group of investors suing attorneys who worked on the establishment of two business entities – which later failed – were unable to show the 7th Circuit Court of Appeals that the attorneys owed the investors any legal duty.
ITT college director fails in federal appeal over dismissal
A former director of a California ITT Technical Institute campus failed to convince the 7th Circuit Court of Appeals that he was terminated because he complained about the way the school handled federally subsidized student loans and grants.
Inmate’s suit alleging 8th Amendment violation allowed to continue
A federal judge was incorrect in dismissing an inmate’s lawsuit alleging Eighth Amendment violations by prison staff who ignored his abdominal pain for months until the inmate was diagnosed with ulcerative colitis, the 7th Circuit Court of Appeals ruled.
Attorney can’t recast untimely 4th Amendment claim against prosecutor
The Muncie attorney who sued former Delaware County Prosecutor Mark McKinney, alleging due process violations following his arrest and acquittal on conspiracy to commit bribery charges, lost his appeal before the 7th Circuit Court of Appeals. The judges found the attorney was trying to recast an untimely false arrest claim into a due process claim.
7th Circuit upholds ruling in favor of borrowers
A dispute between a lender and subsidiaries created by a restaurant owner to refinance its debt made its way before the 7th Circuit Court of Appeals for the second time. This time, the judges ruled in favor of the borrowers.
7th Circuit affirms ruling against fired employee
Carrier Corp. had an “honest suspicion” that one of its employees was abusing his leave under the Family Medical Leave Act, so the District Court was correct in granting summary judgment for Carrier in the fired employee’s lawsuit.
Bankruptcy filings down across country, Indiana
Bankruptcy filings are down 14 percent across the country for the 12-month period ending June 30, 2012, as compared to the year ending June 30, 2011, the Administrative Office of the United States Courts reported Friday. Filings are down by at least 13 percent in Indiana courts.
Worker’s disability denial affirmed at 7th Circuit
A former worker whose degenerating discs and spondylolisthesis caused her to no longer be able to work as a sales rep for AstraZeneca was not improperly deprived of benefits when the insurer terminated them.
Federal courts rule against overtime in pharmaceutical cases
In a pair of decisions, the U.S. Supreme Court and the 7th Circuit Court of Appeals examined different exemption provisions to overtime requirements of the Fair Labor Standards Act but reached the same conclusion: Pharmaceutical sales representatives are not entitled to overtime pay.
Coachmen, All-American win appeal in hotel dispute
The 7th Circuit Court of Appeals affirmed a District Court ruling in favor of two Indiana companies that were involved in a Tennessee hotel project that failed to develop.
$2.9M verdict in mill accident case upheld
The 7th Circuit Court of Appeals has affirmed the admittance of an expert’s opinion as to causation of an accident at a northern Indiana steel rolling mill, finding the federal court properly denied a company’s Daubert motion to bar that testimony.