Indiana Court Decisions – Dec. 6-18, 2017
Read Indiana appellate court decisions from the latest reporting period.
7th Circuit Court of Appeals
Articles
7th Circuit upholds denial of environmental insurance claim
A northern Indiana couple cannot seek insurance coverage for pre-existing environmental pollution they discovered on their businesses’ property because the language of their insurance policy unambiguously exempts coverage for known or unknown property damage occurring before their policy began, the 7th Circuit Court of Appeals has ruled.
7th Circuit reverses, orders Jimmy John’s wage class-action to go
Jimmy John’s assistant store managers nationwide may proceed with class-action overtime pay litigation against franchisees, the 7th Circuit Court of Appeals ruled Thursday, delivering a reversal of an Illinois decision that had restricted their suits.
Indiana Court Decisions, Nov. 22-Dec. 5
Read the Indiana appellate court decisions from the latest reporting period.
7th Circuit upholds qualified immunity
The Department of Correction’s religious director was entitled to qualified immunity on a complaint alleging he violated two Jewish plaintiffs’ First Amendment rights by failing to delay their transfer to a facility that did not offer Jewish group worship services, the 7th Circuit Court of Appeals ruled Monday.
7th Circuit upholds Armed Career Criminal Act sentence
An Indiana man sentenced to 15 years under the Armed Criminal Career Act has lost his appeal of his sentence after the 7th Circuit Court of Appeals determined he met the requirements of three prior violent offenses to warrant the Act’s mandatory 15-year minimum.
7th Circuit gives new remand instructions on petition for rehearing
After withdrawing a September opinion to correct an error in remand instructions, a panel of the 7th Circuit Court of Appeals has once again ordered a district court judge to partially vacate two men’s child pornography convictions in order to correct a double jeopardy violation.
7th Circuit affirms ruling for laid off tenured teacher
The 7th Circuit Court of Appeals has struck down the retroactive application of an Indiana law that removed job security protections for tenured teachers, finding the application to teachers who were tenured before the law took effect is a substantial impairment to their constitutional contractual rights.
7th Circuit judge: Check with opposing counsel to speed rulings
Seventh Circuit Court of Appeals Judge David Hamilton had some advice for parties who want the court to act quickly on their case management motions: check with opposing counsel before filing to find out whether they will oppose the proposed motion.
7th Circuit quickly withdraws decision in Indiana case
The 7th Circuit Court of Appeals today withdrew a nonprecedential disposition it issued yesterday in a prisoner’s pro se complaint from the U.S. District Court for the Northern District of Indiana, South Bend Division.
Indiana Court Decisions
Read opinions from Indiana’s appellate courts for the most recent reporting period.
Ivy Tech entering mediation in Title VII case
The case against Ivy Tech Community College which convinced the 7th Circuit Court of Appeals that Title VII protections do include discrimination based on sexual orientation now appears to be headed toward mediation.
7th Circuit upholds denial of habeas relief for man convicted of roommate’s shooting death
An Indiana man convicted of shooting and killing his roommate will not be granted habeas relief after the 7th Circuit Court of Appeals determined the man did not receive ineffective assistance of counsel just because his attorney did not pursue an insanity defense.
Ex-Indiana sheriff’s deputy resentenced to 33-month term
A former Terre Haute sheriff’s deputy convicted of federal civil rights violations has been resentenced to 33 months.
COA reverses directed verdict in OB-GYN’s favor
A northern Indiana trial court must revisit the issue of whether a doctor adequately informed his patient of the risks associated with having a natural birth after the Indiana Court of Appeals reversed a grant of a directed verdict in the doctor’s favor on the issue of informed consent.
Magnus-Stinson issues warning to parties filing frivolous motions
Indiana Southern District Chief Judge Jane Magnus-Stinson has issued a stern warning to any defendants considering filing an affirmative defense of failure to exhaust administrative remedies under the Prison Litigation Reform Act – provide evidence to support that claim or abandon the defense entirely.
Indiana Court Decisions
Read opinions from Indiana’s appellate courts for the most recent reporting period.
Letter to the editor: Posner’s pro se comments troubling
If what retired Judge Richard Posner is saying is true, then we have a very serious problem in the 7th Circuit warranting the attention of the U.S. Department of Justice as these judges are violating the civil rights of the pro se litigants who are constitutionally entitled to their day in court.
Robbery convictions upheld despite failure to swear potential jurors
The 7th Circuit Court of Appeals has upheld a man’s robbery-related convictions despite the district court’s initial failure to administer an oath of truthfulness to potential jurors, finding such an oath is not explicitly required.
Topless woman’s complaint splits 7th Circuit
A Chicago woman’s decision to celebrate “Go Topless Day” by baring her breasts has cleaved the 7th Circuit Court of Appeals over whether she can now cloak herself in the First Amendment’s guarantee of freedom of speech.