7th Circuit requests comment on proposed circuit rule rescission
The 7th Circuit Court of Appeals is seeking comment on the proposed rescission of a federal rule regarding remands for revision of judgment.
7th Circuit Court of Appeals
Articles
7th Circuit: Collection agency entitled to fees after woman defaulted on small hospital debt
A collection agency didn’t violate the Fair Debt Collection Practices Act when it attempted to collect attorney fees and “fees-on-fees” from an Indianapolis woman who defaulted on a small debt to an Indiana hospital system, the 7th Circuit Court of Appeals has ruled.
Indiana Court Decisions — Aug. 26-Sept. 8, 2021
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit upholds dismissal of Vectren shareholders’ suit against merger
A panel of the 7th Circuit Court of Appeals has upheld a district court’s ruling that dismissed a shareholder lawsuit over the acquisition of one of Indiana’s major utility companies with an out-of-state public utility holding company in 2018.
Challenge to IU vaccine mandate moves forward in 7th Circuit
The 7th Circuit Court of Appeals has denied Indiana University’s motion for dismissal, allowing the challenge to the school’s COVID-19 vaccine mandate to continue.
7th Circuit denies appeal for habeas corpus relief
In a case presenting a “rare circumstance” that “few if any other federal prisoners face,” the 7th Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Indiana did not err in denying habeas corpus relief to an Indiana man on Friday. The 7th Circuit did acknowledge, however, the appellant’s argument that his counsel was ineffective by not challenging whether his drug convictions were predicates would succeed today.
7th Circuit orders stay of injunction on Indiana abortion laws
An injunction against several provisions of Indiana law that tighten access to abortions was stayed Wednesday by the 7th Circuit Court of Appeals. A dissenting judge, however, blasted the majority’s position and state laws that “piously purport to protect women’s health” while “chip(ping) away” at longstanding abortion precedent.
Indy environmental cleanup case partially remanded on liability questions
The 7th Circuit Court of Appeals has vacated an Indiana Southern District Court ruling in an environmental cleanup dispute in Indianapolis, finding its determinations on apportionment and allocation of liability required remand.
7th Circuit: Uber personal injury accident case properly dismissed for untimely summons
The Indiana Northern District Court did not abuse its discretion in dismissing an Indiana man’s personal injury case stemming from an Uber accident after he failed to timely serve the summons and complaint on the defendants, the 7th Circuit Court of Appeals ruled Friday.
Indiana Court Decisions – Aug. 12-25, 2021
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit: Exclusion of cross-examination of DNA evidence didn’t contribute to verdict in shooting case
The exclusion of cross-examination of DNA evidence did not contribute to the verdict handed to a Fort Wayne man for shooting at his ex-girlfriend and her children, the 7th Circuit Court of Appeals affirmed Tuesday.
7th Circuit affirms dismissal of Alabama surgeon’s claims against Hoosier insurance broker
An out-of-state surgeon did not sway the 7th Circuit Court of Appeals on Monday from affirming the dismissal of his negligent procurement claims against an Indiana insurance broker who convinced him to switch disability policies.
7th Circuit requiring complete vaccination status for in-person oral arguments
Lawyers preparing to appear in person for oral arguments at the 7th Circuit Court of Appeals must be fully vaccinated against COVID-19 – otherwise, they’ll be asked to appear remotely.
Petition to rehear FNHRA fails at 7th Circuit
The 7th Circuit Court of Appeals has rejected a petition for a rehearing filed by the Health and Hospital Corporation of Marion County, letting stand a decision that found patients can enforce the rights outlined in the Federal Nursing Home Reform Act.
7th Circuit rules district court had jurisdiction over dispute previously decided in state courts
An Indiana federal court has jurisdiction over a dispute between a northern Indiana apartment owner and city officials, even though that dispute was already adjudicated in state court, the 7th Circuit Court of Appeals ruled Wednesday.
Fired Roncalli counselor Starkey appeal brings ‘ministerial exception’ back to 7th Circuit
Lynn Starkey, the long-time educator fired from Roncalli High School for being married to a woman, is appealing a decision from the Southern Indiana District Court that is potentially the first to extend the “ministerial exception” to cover school guidance counselors.
Indiana Court Decisions – July 29-Aug. 11, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Boshkoff: Preliminary and postliminary activities under the FLSA
In March, the 7th Circuit ruled that members of the Chicago Police Department’s Special Weapons and Tactics Unit were not entitled to minimum wage or overtime compensation for off-duty time they spent storing their rifles and gear in their homes. The ruling provides clarification of preliminary and postliminary work activities and the “continuous workday rule” under the Fair Labor Standards Act.
7th Circuit affirms former Goshen factory not posing danger to residents
The 7th Circuit Court of Appeals has affirmed a federal judge’s ruling that a former factory in Goshen is not posing any ongoing dangers to the health of residents in the area.
Divided 7th Circuit reverses order to remove sex offender names for ‘right to travel’ violation but remands equal-protection claim
A split en banc 7th Circuit Court of Appeals has reversed a decision from an original three-judge panel that ordered the removal of six names from the Indiana sex offender registry, finding that the state’s sex offender registration law doesn’t discriminate based on residency. However, the case was remanded for further consideration of an equal-protection claim.