7th Circuit affirms rulings in ‘acrimonious’ dispute over property value assessment
The 7th Circuit Court of Appeals has affirmed a lower court’s various rulings in “acrimonious” litigation between an appraiser and a bank.
7th Circuit Court of Appeals
Articles
7th Circuit: Product liability claims against Cook Medical untimely
An Oregon woman who brought product liability claims in a short-form complaint against Indiana-based Cook Medical could not succeed on appeal because her claims were untimely, the 7th Circuit Court of Appeals has affirmed.
Disability denial highlights credibility issue
Erica Mandrell’s story of failing to convince a judge that her mental trauma qualified her for disability benefits is so common that her attorney said the denial reflects the “default culture” of the Social Security Administration.
Indiana Court Decisions: Feb. 10-23, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit demands Seymour attorney answer for conduct at appellate court
An appeal of a federal court’s ruling in a dispute with the IRS has a Hoosier attorney facing sanctions after the 7th Circuit Court of Appeals found he “pressed frivolous arguments” and engaged in conduct contrary to professional standards.
Despite identity theft, 7th Circuit rules debt collectors didn’t violate federal law in collection action
While the process of remedying a case of credit card identity theft caused “a world of aggravation” for the plaintiff, the 7th Circuit Court of Appeals has affirmed the debt collectors’ actions during the investigation didn’t violate the Fair Debt Collection Practices Act or Fair Credit Reporting Act.
7th Circuit finds insurance co. has to defend USA Gymnastics against Nassar-related claims
A split 7th Circuit Court of Appeals panel has affirmed Liberty Insurance Underwriters Inc. must defend USA Gymnastics against the lawsuits filed by the athletes and affiliated gyms arising from Larry Nassar sexually assaulting hundreds of girls and young women over decades.
7th Circuit determines $435K arbitration award was money judgment, not property interest
A $435,000 arbitration award was a money judgment that is subject to discharge in a bankruptcy case, the 7th Circuit Court of Appeals ruled in a dispute between ex-spouses.
7th Circuit reverses 16-year drug sentence, finds district court relied on unsubstantiated allegations
Finding federal prosecutors failed to present any evidence to support the allegation that Edward Gibbs confessed to conspiring to distribute 4.5 kilograms of crystal meth, the 7th Circuit Court of Appeals overturned his 16-plus-year sentence and remanded for resentencing at a lower offense level.
Indiana Court Decisions – Jan. 27-Feb. 9, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit upholds denial of habeas petition, leaves Davenport question for another day
The 7th Circuit Court of Appeals was able to avoid a “thorny choice of law question” when it found that the cases cited by a federal prisoner convicted and sentenced in Missouri did not conflict with its sister circuit’s view that the offense of exhibiting weapons is a violent felony under the Armed Career Criminal Act.
7th Circuit rules ALJ failed to consider extent of disability caused by rape
The 7th Circuit Court of Appeals has overturned the denial of Social Security disability benefits for an honorably discharged female member of the U.S. Coast Guard who was raped by a fellow service member, finding the administrative law judge’s determination was not supported by the substantial evidence.
7th Circuit affirms, reverses on ‘bona fide error’ defense in consolidated debt suits
Two Indiana women who disputed debts they allegedly owed to debt-collection companies received conflicting results from the 7th Circuit Court of Appeals in a consolidated Wednesday decision.
7th Circuit upholds life sentence for Hoosier man in child sex crimes case
A life sentence has been upheld against an Indiana man convicted of a dozen crimes related to his production and possession of child pornography.
7th Circuit: No ‘qualitative’ limitations in disability denial
An Indiana woman who was denied Social Security disability benefits failed to convince the 7th Circuit Court of Appeals that an administrative law judge erred by not considering the mental difficulty she experienced when being around more than five people at once.
Indiana Court Decisions — Jan. 13-26, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit affirms enhanced sentencing despite SCOTUS changes to Armed Career Criminal Act
A “violent felon” will not have his enhanced sentence vacated after the 7th Circuit Court of Appeals determined he still met the provisions of the Armed Career Criminal Act despite a 2015 Supreme Court order that found part of the statute unconstitutionally vague.
7th Circuit overturns summary judgment, gives inmate another chance to litigate grievance
An inmate who was not given the necessary paperwork to file a grievance will get to litigate his Eighth Amendment complaint in federal court after the 7th Circuit Court of Appeals issued the reminder that administrative remedies provided to prisoners must be “available in fact and not merely in form.”
Indiana Court Decisions – Dec. 30, 2021-Jan. 12, 2022
Read Indiana appellate court decisions from the latest reporting period.
7th Circuit affirms sentence, prompts withdrawal of ineffective counsel claim in pharmacy robbery
An Indianapolis man who at 17 robbed a pharmacy then shot and killed one of his accomplices will have to serve his 19-year sentence after the 7th Circuit Court of Appeals found the district court was allowed to consider the acquitted charge of murder when calculating the sentence.