Articles

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.

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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.

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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.

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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.

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$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.

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7th Circuit reverses ACCA enhancement

Based on a sparse record of evidence that the District Court could consider in determining whether a man can be sentenced under the Armed Career Criminal Act, the 7th Circuit Court of Appeals found the government didn’t meet its burden to prove two of the man’s previous convictions from events on the same day were separate predicate offenses under the Act.

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Man not entitled to disability benefits

The 7th Circuit Court of Appeals was sympathetic to a man’s medical condition but affirmed the decision by an administrative law judge that he’s not disabled is supported by the evidence.

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7th Circuit certifies questions for Kansas Supreme Court

The 7th Circuit Court of Appeals was unable to determine under Kansas law how that state’s Supreme Court would rule on whether FedEx drivers are employees or independent contractors, so the court sent two certified questions to the Kansas justices.

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Judges disagree over impact of mental illness label at sentencing

7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts should testify about his mental illness.

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7th Circuit affirms life sentences in prostitution ring

Two men sentenced to life in prison on an assortment of federal charges related to a prostitution ring involving underage girls that operated in northwest Indiana failed in their appeal before the 7th Circuit Court of Appeals on Friday, but judges asked the trial court to clarify the sentence for a third defendant.

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7th Circuit receives 52 applications for bankruptcy judgeships

The Judicial Council of the 7th Circuit Court of Appeals received 52 applications from people interested in filling two upcoming bankruptcy court vacancies on the U.S. District Court for the Southern District of Indiana. The court previously announced that Judges Anthony Metz III and Frank J. Otte will retire this year.

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7th Circuit dismisses case for mootness

The appeal of an eviction initiated by the Housing Authority of South Bend was dismissed by the 7th Circuit Court of Appeals because the woman and her son have already been evicted.

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