7th Circuit Judge David Hamilton to take senior status in 2022
Judge David F. Hamilton will take senior status from the 7th Circuit Court of Appeals next year.
7th Circuit Court of Appeals
Articles
Former AG Hill could call dozens of lawmakers in state court defense against groping civil case
As the four women who accused former Indiana Attorney General Curtis Hill of sexual misconduct are preparing to take their Title VII case to the 7th Circuit, Hill is preparing to defend himself in state court, releasing a list of witnesses that includes more than two dozen lawmakers.
Citing confusion in circuit courts, Health and Hospital Corp. urges SCOTUS to take appeal over nursing home resident rights of action
The Health and Hospital Corp. of Marion County is asking the U.S. Supreme Court to stop a lawsuit brought on behalf of an Indiana nursing home resident that raises the question of whether the Federal Nursing Home Reform Act allows residents to bring claims regarding their care and treatment.
Indiana Court Decisions – Nov. 4-16, 2021
7th Circuit Court of Appeals Nov. 5 Criminal-Compassionate Release/COVID-19 Vaccine United States of America v. Timothy Kurzynowski 20-3491 The 7th Circuit Court of Appeals has upheld the denial of relief to a man convicted of child pornography crimes, finding that because he is vaccinated against COVID-19, he is ineligible for relief on remand for extraordinary […]
7th Circuit affirms lengthy sentence for Indy drug conspiracy’s ‘right-hand man’
The 7th Circuit Court of Appeals has affirmed an Indianapolis man’s sentence for his involvement in a massive methamphetamine drug ring that involved dozens of firearms and multiple illicit substances.
Coach’s age discrimination lawsuit strikes out at 7th Circuit
In reviewing the comments made to a barber about a newly hired baseball coach, the 7th Circuit Court of Appeals found the Northern Indiana District Court did not commit an error when the lower court determined the chatter was not an indication of age discrimination in the hiring process.
7th Circuit: Fired Bargersville clerk-treasurer employee’s retaliation claims won’t stand
A woman who claimed she was fired for criticizing her superior’s choice to overturn a decision she made regarding a customer’s utility services did not convince the 7th Circuit Court of Appeals that she was retaliated against.
Bankruptcy filings still falling but increase could be coming
Bankruptcy filings are continuing to plunge, falling nearly 30% for the 12-month period that ended Sept. 30. But the downward trend could be the calm before the storm.
7th Circuit considering dispute over Lake Michigan access
A federal appeals court appeared unlikely to disturb a 2018 Indiana Supreme Court ruling that held that the shoreline of Lake Michigan is, and always has been, owned by the state for the public’s use.
7th Circuit: Prisoner ineligible for relief due to COVID-19 vaccination
The 7th Circuit Court of Appeals has upheld the denial of relief to a man convicted of child pornography crimes, finding that because he is vaccinated against COVID-19, he is ineligible for relief on remand for extraordinary and compelling reasons.
Judge’s reliance on paraphrase leads to overturned sentence
The 7th Circuit Court of Appeals has overturned the enhanced sentence of an Indiana man, ruling the enhancement did not apply because the gun he possessed was not the one used in the commission of the crime.
Indiana ‘abortion complications’ reporting law takes effect after 3 years
A federal appeals court has cleared the way for Indiana officials to start enforcing a law requiring reports from doctors if they treat women for complications arising from abortions, even though the court said the law could be struck down in the future.
Spickelmier: 7th Circuit’s decision impacts tenants who purchase real estate
A significant decision came out of the 7th Circuit this September in the world of environmental practitioners and professionals, but many real estate tenants, developers, owners, investors and attorneys who do not specialize in environmental law may not appreciate the impact of this decision on due diligence, timing and costs for preserving a property owner’s defense against Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability
Indiana Court Decisions – Oct. 7-20, 2021
Indiana Supreme Court Oct. 7 Civil Tort-Mental Health/Motion to Amend Betty Miller, Individually and as Personal Representative of the Estate of John Allen Miller v. Laxeshkumar Patel, M.D., John Schiltz, M.D., Benjamin Coplan, M.D., Joseph Hill, M.D., Erik Fossum, M.D., Bradford Hale, M.D., Christine Tran, M.D., James Blickendorf, M.D., Robert McAllister, M.D., Sara Koerwitz, M.D., […]
Indiana asking 7th Circuit to review challenge to foster care system
In a case that even the district court acknowledged tested the limits of federal interference in state court matters, the Indiana Department of Child Services and Gov. Eric Holcomb are asking the 7th Circuit Court of Appeals to review the denial of their motion to dismiss a lawsuit brought by children in the foster care system.
Denial of Batson challenge, sentencing appropriate for kidnapper, 7th Circuit affirms
A man who went on a violent crime spree with four accomplices across three states wasn’t improperly denied a Batson challenge, and the enhanced sentence imposed on the kidnapper wasn’t inappropriate, the 7th Circuit Court of Appeals has affirmed.
7th Circuit: Warrantless seizure of parolee’s cellphone data justified
A parolee’s Fourth Amendment rights weren’t violated when police extracted data from his cellphone, which contained child pornography, after discovering methamphetamine hidden behind the back cover of the phone’s case, the 7th Circuit Court of Appeals has affirmed.
Hill accusers say state was their employer, possibly in conjunction with General Assembly
Three of the four women who accused former Indiana Attorney General Curtis Hill of sexual misconduct are rejecting the argument that they were employed solely by the Indiana Legislature, arguing instead that the state was their employer, possibly in conjunction with the two legislative bodies.
7th Circuit judges St. Eve, Scudder named Judicial Conference committee chairs
Two 7th Circuit Court of Appeals judges have been selected to serve as chairs of Judicial Conference committees, United States Chief Justice John Roberts announced Thursday.
7th Circuit condemns 75-day delay in opinion, saying wait could spell ‘disaster’ for litigants
A federal judge whose delayed opinion could have been “catastrophic” for a litigant has been reprimanded by the 7th Circuit Court of Appeals, which cautioned other district judges not to follow suit.