Indiana Court Decisions – July 15-28, 2021
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
Divided 7th Circuit reverses for Indiana over ‘abortion complications’ reporting statute
An Indiana statute requiring medical providers to report to the state complications “arising from” abortions is not unconstitutionally vague on its face, a split 7th Circuit Court of Appeals ruled in a Monday reversal. A dissenting judge, however, would uphold the injunction against the “incomprehensible” law.
7th Circuit declines to impose injection injunction on IU vaccine mandate; students to seek SCOTUS review
The 7th Circuit Court of Appeals has denied a request to enjoin Indiana University’s COVID-19 vaccine mandate, letting the Bloomington-based school system proceed with its requirement that students, faculty and staff be inoculated against the virus before returning to campus this month.
Sentence affirmed for drug distributor in guideline calculation dispute
The 7th Circuit Court of Appeals has affirmed a man’s 23-year sentence for his drug and firearms convictions despite his assertion that the district court erred by including both uncharged and acquitted drug amounts in his guideline calculation.
7th Circuit affirms findings that immigrant’s marriage was a ‘sham’
A woman who emigrated to Indiana from Nigeria after marrying her now ex-husband was denied a petition to stay in the United States after the 7th Circuit Court of Appeals affirmed the adverse credibility findings of two immigration judges that her marriage was a sham.
IU students standing behind opposition to vaccine mandate; injunction ruling could come soon
The 7th Circuit Court of Appeals could soon decide whether to enjoin Indiana University’s COVID-19 vaccine mandate as the students challenging the mandate continue to argue it’s unconstitutional.
IU opposing 7th Circuit injunction against vaccine mandate
Indiana University is continuing to defend its COVID-19 vaccine mandate as a group of students challenge that mandate in a federal appeals court.
7th Circuit revives case against Indiana nursing home, finding federal law allows for private right of action
In considering the plight of a northern Indiana man whose health worsened when he was a resident of Valparaiso Care and Rehabilitation, a state-run nursing facility, the 7th Circuit Court of Appeals has aligned with the 3rd and 9th Circuits in finding patients can enforce the rights offered under the Federal Nursing Home Reform Act.
IU students ask 7th Circuit to enjoin vaccine mandate pending appeal
A group of Indiana University students challenging the school’s COVID-19 vaccine mandate is asking the 7th Circuit Court of Appeals to stay enforcement of the mandate after failing in their bid for relief from a lower court.
7th Circuit rules for masonry workers in employee benefit plan dispute
Does the priority limitation found in the Bankruptcy Code apply to every fund that seeks unpaid contributions? The 7th Circuit Court of Appeals sided with more than a dozen masonry workers in answering that question in a Monday decision.
7th Circuit says Archdiocese premature in seeking dismissal of Roncalli counselor case
The 7th Circuit Court of Appeals has dismissed an appeal in the lawsuit brought by former Roncalli High School counselor Lynn Starkey, saying the Archdiocese of Indianapolis’ turn to the appellate court was premature.
7th Circuit declines to vacate firearms convictions but reduces robbery restitution
A man convicted in a series of armed robberies failed to convince the 7th Circuit Court of Appeals that he and his co-conspirators used a fake gun that should undermine his firearms convictions. But the appellate court did vacate part of the man’s restitution order.
Indiana RV manufacturer prevails in breach of warranty suit brought by frustrated customer
A peaceful retirement on the road wasn’t meant to be for a man whose experience with a recreational vehicle made by an Indiana company went flat following dozens of unresolved defects. But the 7th Circuit Court of Appeals ruled for the RV’s manufacturer, finding no issue with an instruction given to a jury in a suit against the RV maker.
7th Circuit: Child with ADHD, other conditions not entitled to disability benefits
A Hoosier child with several intellectual limitations is not considered disabled and therefore doesn’t qualify to receive benefits from the Social Security Administration, the 7th Circuit Court of Appeals has ruled.
Federal court properly abstained from franchise fees fight between Indiana cities, streaming platforms
The Southern Indiana District court is in the clear after it abstained from a lawsuit filed by several Indiana cities against popular streaming services like Netflix and Hulu. The 7th Circuit Court of Appeals in a Wednesday decision found the district court acted properly in removing itself from the fight.
IU students taking vaccine mandate fight to 7th Circuit, seeking stay of enforcement
A group of Indiana University students is taking a challenge to the school’s COVID-19 vaccine mandate to the 7th Circuit Court of Appeals after an Indiana district court declined to enjoin the mandate. The students are also asking federal judges to stay enforcement of the mandate while the appeal proceeds.
Indiana Court Decisions – July 1-14, 2021
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit ruling expands ministerial exception, potentially impacting Indiana high school cases
Shelly Fitzgerald and Lynn Starkey, former guidance counselors at Roncalli High School, and Joshua Payne-Elliott, a former foreign language and social studies teacher at Cathedral High School, all filed separate lawsuits against the Roman Catholic Archdiocese of Indianapolis after they were all terminated from their jobs because they are in same-sex marriages. This month’s decision from the 7th Circuit in Demkovich v. St. Andrew the Apostle Parish, 19-2142, could change the trajectory of each of those cases.
7th Circuit blocks IDEA program for removing voters from state rolls
The 7th Circuit Court of Appeals has affirmed the preliminary injunction against the enforcement of an Indiana law that allows election officials to remove voters from the state’s voting rolls without getting consent from the individuals themselves.
7th Circuit denies third attempt of death penalty relief, notes questions raised about federal ‘savings clause’
An incarcerated man waiting on federal death row has for the third time unsuccessfully sought relief from his capital punishment, the 7th Circuit Court of Appeals ruled. This time, it rejected his argument under the “savings clause” that recent changes in clinical diagnostic standards show that he is intellectually disabled and ineligible for the death penalty.