7th Circuit rejects sentence appeal as ‘way short of due diligence’
The 7th Circuit Court of Appeals has affirmed the denial of a man’s claim that he is entitled to resentencing, concluding that his request was much too late.
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7th Circuit removes East Chicago lead pollution case to federal court
Companies sued by residents who claim their former housing complex in East Chicago was polluted by toxins including lead and arsenic prevailed in their bid to have the case heard in federal rather than state court. In doing so, the 7th Circuit Court of Appeals also eased the standard for when a defendant may assert a defense of acting under federal authority.
Valpo fighting donor suit over law school contribution valued at $1.4M
After recently shuttering its 140-year-old law school, Valparaiso University is going on the offensive to keep a donor from reclaiming a gift worth more than a million dollars that was made to support the legal education program.
7th Circuit’s Purdue ruling impacting other Title IX lawsuits
The case against Purdue University brought by a male student who was expelled and lost his Navy ROTC scholarship after the school determined he had sexually assaulted a female student has survived a second motion to dismiss.
Suit against Allen Co. sheriff transferred to federal court
A lawsuit alleging a northeastern Indiana sheriff violated a teenage boy’s constitutional rights during an altercation last year at a festival has been transferred to federal court.
7th Circuit affirms firearms convictions in light of key SCOTUS ruling
In what it called its first precedential decision concerning convictions upon jury verdicts in federal firearms cases after a key US Supreme Court decision, the 7th Circuit Court of Appeals has affirmed the convictions of three men who argued that their indictments and jury instructions were missing an element.
Purdue faces second student lawsuit seeking refunds due to COVID-19
Purdue University faces a second proposed class-action lawsuit filed by a student who says he and others are owed refunds for tuition and fees paid for in-person classes and activities that transitioned to remote education when campuses closed due to the COVID-19 pandemic.
Comment sought on reappointment of Northern District magistrate judge
The United States District Court for the Northern District of Indiana is seeking comments from members of the bar and public on whether a Hammond magistrate judge should be reappointed to another eight-year term.
7th Circuit splits in loan modification dispute, rules in bank’s favor
A 7th Circuit Court of Appeals majority affirmed Thursday the dismissal of a homeowner’s complaint against a bank that he alleged failed to honor a loan-modification offer that could have kept him from foreclosure.
Indiana Wesleyan student’s suit uncovers HIV allegation
A Title IX lawsuit filed by a male student against Indiana Wesleyan University over its handling of an alleged sexual assault has taken an unprecedented turn after his attorneys uncovered a report that included the female student’s claim she had contracted HIV as a result of the alleged attack.
Title IX lawsuit against Indiana Wesleyan uncovers HIV allegation
A Title IX lawsuit filed by a male student against Indiana Wesleyan University over its handling of an alleged sexual assault has taken an unprecedented turn after his attorneys uncovered a report that included the female student’s claim she had contracted HIV as a result of the alleged attack.
Public, press can be included in electronic federal court proceedings
Federal courts that have been forced to close courthouses to the public because of the novel coronavirus pandemic have been authorized to use technology to provide the public and press with continued access to court proceedings.
Northern District OKs video, phone conferencing in criminal cases
Some criminal proceedings in the U.S. District Court for the Northern District of Indiana, including pleas and sentencings, are now authorized to take place virtually due to the COVID-19 pandemic, the district court announced this week.
Federal courts search for medical supplies to donate in COVID-19 fight
Federal courts in Indiana and nationwide joined a search for surplus medical supplies that could aid local hospitals in response to the novel coronavirus pandemic after two Florida district courts discovered and donated stockpiles of urgently needed protective gear.
Federal courts get approval for remote access
The Judicial Conference of the United States is temporarily allowing federal courts to use video and teleconferencing for certain criminal proceedings as well as teleconferencing for civil proceedings during the COVID-19 national emergency.
Dismissal of fired Dollar General manager’s ADA claim upheld
A Dollar General district manager who was fired after he returned from medical leave for cancer treatment could not prevail on his claim that his termination violated his rights under the Americans with Disabilities Act, the 7th Circuit Court of Appeals affirmed Wednesday.
Elkhart considers new $500K legal bill for suit over overturned conviction
A northern Indiana city is weighing spending another $500,000 to defend itself against a lawsuit filed by a man whose attempted murder conviction was thrown out because prosecutors didn’t disclose that the state’s sole eyewitness underwent hypnosis to sharpen his memory.
Officer responsible for fatal crash didn’t violate victim’s rights, judge rules
A former South Bend police officer who killed a motorist while driving in excess of 90 mph did not violate the motorist’s constitutional rights, a federal judge has ruled in dismissing a civil case against the officer. The judge did, however, authorize the filing of some claims in state court.
Federal Bar Update: By the (hand)book: Jurisdiction, jurisdiction, jurisdiction
Federal courts are limited jurisdiction tribunals. As such, the federal judiciary carefully guards subject-matter jurisdiction, ensuring at multiple stages of a case, and in the trial court and on appeal, that the case is properly in federal court. Examples of jurisdictional issues abound in federal district courts and are scrutinized in the 7th Circuit, as well.
7th Circuit: Mother’s sentence, restitution order affirmed in child porn case
A Hammond woman convicted for possession of child porn will keep her enhanced sentence and restitution order after the 7th Circuit Court of Appeals affirmed the rulings in her case Friday.