Indiana Court Decisions — June 20-July 1, 2019
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
7th Circuit reinstates student case against Purdue in sexual assault case
Finding dismissal was premature, the 7th Circuit Court of Appeals has reinstated a lawsuit against Purdue University brought by a male student accused of sexual assault.
7th Circuit: Finish Line, resale company’s breach dispute rightly tossed
A shoe resale company couldn’t convince the 7th Circuit Court of Appeals that its contract with Indianapolis-based Finish Line Inc. was breached, or that the language of the parties’ agreement was ambiguous and provided for an extension.
Applications being taken for PACER review committee
The federal judiciary is seeking members for the new Electronic Public Access (EPA) Public User Group, which is being formed to provide advice and feedback on the court’s Public Access to Court Electronic Records (PACER) system. Up to 12 individuals will be selected from the legal sector, media, academia, government agencies, the public and other entities that use PACER to serve for two years on the group.
7th Circuit reverses ruling for insurer over ‘blown deadlines’
The 7th Circuit Court of Appeals has vacated judgment for a plan administrator after concluding insurers will not receive deferential authority if they fail to meet regulatory deadlines under the Employee Retirement Income Security Act of 1974.
7th Circuit: German company lacks evidence to support yacht-related damages
A German company has failed to convince the 7th Circuit Court of Appeals that it should be awarded more than $1 million in damages for a yacht it purchased from an Indiana boat manufacturer.
Indiana Court Decisions — June 5-19, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Man with intellectual disability freed from death sentence
An Arkansas man sentenced to death for murdering a teenage girl in Texas 25 years ago has been granted his petition for habeas corpus after a federal judge determined him to be ineligible for the death penalty due to his intellectual disability. The man will be resentenced in Texas.
Disputed South Bend abortion clinic set to open
A group says it plans to begin accepting patients at an abortion clinic in the northern Indiana city of South Bend next week.
Ruling for IU in black student’s discrimination suit upheld
A 7th Circuit Court of Appeals panel affirmed the denial of a black student’s discrimination suit against Indiana University, finding no abuse of discretion in resolving discovery disputes regarding her classmate’s demographics.
Barker rejects request to keep closed South Bend abortion clinic pending appeal
Despite the Indiana Attorney General’s efforts, a federal judge has denied a request to stay the opening of what could become the state’s newest abortion clinic. Indiana Southern District Senior Judge Sarah Evans Barker on Friday rejected Attorney General Curtis Hill’s request to keep closed the doors of a South Bend abortion clinic until the state’s appeal of the matter can be considered.
7th Circuit upholds conditions of release
An Indiana man seeking relief for the conditions placed on his supervised release was reminded by the 7th Circuit Court of Appeals that it matters what is said and done before a federal judge.
Resentencing ordered in former Lake County sheriff’s wire-fraud case
The 7th Circuit Court of Appeals has ordered for resentencing for a former Lake County sheriff convicted last year on bribery and wire fraud charges, vacating some of his counts for insufficient evidence.
7th Circuit: Evidence found during unlawful drug raid still admissible
Convictions were affirmed for a man whose home was illegally searched by the Drug Enforcement Administration, which uncovered 10 pounds of methamphetamine inside. The 7th Circuit Court of Appeals found that although the DEA should have obtained a search warrant first, the evidence was still admissible.
7th Circuit debt collection ruling creates split among circuits
A woman who wasn’t informed she needed to respond to a debt collection letter in writing lost at the 7th Circuit Court of Appeals, whose ruling that the collection agency simply made a mistake that didn’t cause her any injury created a split among circuit courts. Three judges authored a published dissent from a subsequent denial of rehearing en banc.
AG Hill’s bid to block Marion County early voting plan fizzles
The heated dispute ignited by Indiana Attorney General Curtis Hill’s effort to block Marion County’s early voting plan ended with a whimper at the 7th Circuit Court of Appeals Monday after both sides acknowledged a change in the voting method nixed the need for a ruling from the federal appellate bench.
Constructive amendment error doesn’t warrant new trial, 7th Circuit rules
The 7th Circuit Court of Appeals has affirmed a man’s life sentence after rejecting his request to vacate and receive a new trial on his firearm possession convictions based on a constructive amendment error in his indictment.
Purdue Title IX sexual assault lawsuit still awaiting 7th Circuit decision
The campus sexual assault lawsuit brought by an unidentified male student against Purdue University, which was one of the first such cases to be heard by a federal appellate court since the U.S. Department of Education issued its “Dear Colleague” letter in 2011, is still awaiting a ruling from the 7th Circuit Court of Appeals while the number of similar complaints being added to the dockets of circuit courts around the country continues to grow.
Restitution affirmed in Vigo school district kickback scheme
The 7th Circuit Court of Appeals has affirmed a restitution calculation in the case of a former Vigo County School Corporation employee who received a share of more than $110,000 in kickbacks after steering government contracts to a favored bidder.
7th Circuit vacates ruling in light of new uniform-rental law
The 7th Circuit Court of Appeals has vacated in part a Southern District Court’s decision, asking it to reconsider whether an amended Indiana wage-deduction law could be retroactively applied to claims made against a former employer for withholding employee wages to rent work uniforms.