Insurer must pay malpractice settlement, 7th Circuit affirms
Judgment against an insurer in the most recent decision involving a nearly 20-year-old medical malpractice case was affirmed Tuesday by the 7th Circuit Court of Appeals.
7th Circuit Court of Appeals
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7th Circuit affirms sentence in South Bend firearm conviction
A sentence for a man convicted of possessing firearms as a felon was affirmed by the 7th Circuit Court of Appeals despite his acquittal of possessing drugs with intent to distribute. The appeals panel found adequate evidence to support the conviction and sentence.
Biden administration won’t defend Trump immigration rule
A Trump-era immigration rule denying green cards to immigrants who use public benefits such as food stamps was dealt likely fatal blows Tuesday after the Biden administration dropped legal challenges, including before the Supreme Court.
SCOTUS rejects Indy lawyer’s Trump election lawsuit
An Indianapolis law firm’s suit seeking to overturn the results of the Wisconsin election on behalf of former President Donald Trump was rejected Monday by the United States Supreme Court, putting an end to the challenge.
Divided 7th Circuit upholds judgment against mom of injured child
A mother whose son was injured in a “traumatic” birth experience cannot proceed with her tort claims against the federal government because her claims were untimely, a divided panel of the 7th Circuit court of Appeals has ruled. A dissenting judge, however, warned of setting an “extraordinarily harsh” standard.
7th Circuit: State courts, not federal, should rule on counsel for kids in CHINS cases
The question of whether children in CHINS proceedings should be appointed counsel is best left for state court resolution, the 7th Circuit Court of Appeals has ruled, finding no “civil Gideon” principle requiring counsel in child welfare cases.
Man serving murder sentence loses appeal over forced medication
A man serving a 70-year murder sentence for killing his former wife failed in a federal appeal to show that his civil rights were violated when prison officials treated him with a powerful antipsychotic drug for several months. The panel also rejected the inmate’s claim that he was wrongly denied appointed counsel.
Indiana Court Decisions – Feb. 11-24, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Supreme Court accepts certified questions from 7th Circuit in med-mal case
The Indiana Supreme Court has scheduled arguments and is accepting briefs in a case involving certified questions from the 7th Circuit Court of Appeals addressing the Indiana Medical Malpractice Act and Indiana Patient’s Compensation Fund.
Denial of disability benefits upheld at 7th Circuit
Despite one doctor’s opinion that she was disabled, a woman who was denied disability benefits failed to win her case at the 7th Circuit Court of Appeals.
Tinder, Williams support Garland’s nomination for AG
A coalition of former federal judges, including two from the 7th Circuit Court of Appeals, is urging the U.S. Senate to confirm Judge Merrick Garland as the U.S. Attorney General, describing him as having a “strong moral compass and abiding integrity.”
Heroin dealer’s conviction vacated, resentencing ordered
An Indianapolis heroin dealer who was sentenced to 25 years in prison after she was convicted of dealing that led to an overdose and conspiracy persuaded a federal appeals court that she should be resentenced and one of the charges against her vacated.
7th Circuit issues writ of mandamus returning Florida inmate’s case to Indiana court
A federal inmate who was transferred from an Indiana prison to a facility in Florida will continue his habeas proceedings in Indiana federal court after the 7th Circuit Court of Appeals issued a writ of mandamus in the inmate’s favor.
7th Circuit upholds convictions, sentences in international drug scheme based in Indy
Two Hoosiers convicted for their roles in an international drug trafficking organization failed to convince the 7th Circuit Court of Appeals that their convictions and sentences were inappropriate.
Bill would require listing biological parents on birth certificates
A bill in the Legislature could reignite Indiana’s battle over birth certificates and possibly upend federal court rulings that allow married lesbian couples to have both their names listed as their children’s parents. Some attorneys, however, see numerous unintended consequences if the bill passes.
7th Circuit certifies 2 med-mal questions to Indiana Supreme Court
The 7th Circuit Court of Appeals has certified two questions to Indiana’s Supreme Court justices in a Wednesday opinion, asking for clarification in a Medical Malpractice Act dispute.
Indiana Court Decisions – Jan. 14-27, 2021
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit extinguishes fraudster-arsonist’s appeal
A convicted insurance fraudster whose M.O. was arson has lost his appeal of his mail fraud convictions, with the 7th Circuit Court of Appeals rejecting his argument that evidence of arson was improperly admitted at his fraud trial.
Fired neonatal doctor loses age discrimination appeal against St. Vincent’s
A veteran neonatal doctor who claimed she was discriminated against when she was terminated from her longtime position did not prove that she was unlawfully terminated and passed over for a new position based on her age, the 7th Circuit Court of Appeals held Friday, upholding summary judgment for St. Vincent Hospital.
7th Circuit affirms dismissal of debt collection challenge for lack of injury
Though an Indiana woman defeated a debt collector’s claim for arbitration, her lawsuit challenging the creditor’s debt collection practices lacks standing, the 7th Circuit Court of Appeals has affirmed, dismissing the case that previously had been remanded to the Southern District.