Articles

Willful wrong? SCOTUS to resolve circuit split on profits

Among the circuit courts of appeal, there is an even split between the 1st, 2nd, 8th, 9th, 10th and Washington, D.C., circuits and the 3rd, 4th, 5th, 6th, 7th and 11th over whether the Lanham Act requires “willful” infringement before a plaintiff can recover profits. The United States Supreme Court is set to bring clarity to the circuit split when it hears arguments in Romag Fasteners Inc. v. Fossil Inc., 18-1233, next month.

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Senate confirmation votes give 7th Circuit full bench

The 7th Circuit Court of Appeals has a full bench after Monday’s confirmation of the final two judicial nominees, Judge Amy St. Eve and Michael Scudder. Members of the U.S. Senate approved St. Eve and Scudder in rare bipartisan votes of 91-0 and 90-0, respectively.

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In 2017, IL readers most followed these links

Breaking news and online updates of major legal stories were the most-read articles on TheIndianaLawyer.com in 2017, according to an analysis of pageviews. Here are the IL’s Top 20 most-read online stories of the past year.

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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.

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Retired Posner had significant impact on Indiana

With more than 30 years on the appellate bench, Judge Richard Posner of the 7th Circuit Court of Appeals has authored some important opinions about Indiana law. He wrote the majority opinions that allowed same-sex couples to marry, enabled Syrian refugees to immigrate and required voters to show identification before casting their ballots.

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Richard Posner retires from appeals court bench in Chicago

U.S. Appeals Court Judge Richard Posner, whose acerbic wit and legal opinions made him a legend in legal circles, announced Friday that he is retiring. Posner, 78, is stepping down after more than three decades on the 7th U.S. Circuit Court of Appeals in Chicago.

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7th Circuit reverses conviction handed down by Posner

In overturning the conviction of a Mongolian immigrant on the basis that the term “corrupt” should have been included in the jury instructions, a 7th Circuit Court of Appeals panels upended the outcome of a trial in which their colleague Richard Posner was the judge.

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7th Circuit: Company responsible for debts

The 7th Circuit Court of Appeals affirmed a company and its principals need to pay more than $3.5 million to a company it bought supplies from, even though the purchaser accused the seller of price-gouging.

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7th Circuit: Marriage law is unconstitutional

Indiana’s assertion that preventing same-sex marriage encourages responsible procreation among heterosexuals was unequivocally rejected Sept. 4 in a blistering opinion from the 7th Circuit Court of Appeals, which said the state’s argument could not be taken seriously.

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7th Circuit rejects egg farm’s arguments

The insurers of a large-scale egg producer in southern Indiana accused of fixing the price of eggs don’t have to defend the farm on the antitrust complaint because the farm had not raised a defense that would be covered under the policies.

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7th Circuit finds remand to be unreviewable

The 7th Circuit Court of Appeals looked at the issues of removal and remand in the context of bankruptcy in a case July 21 and found the bankruptcy court’s decision to remand a case to state court is unreviewable.

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Court tackles ‘sexual activity’ meaning in statute

The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.

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7th Circuit rules on Rolls-Royce job-bias case

A day after the nation’s highest court heard arguments on the largest female gender-discrimination case in history, the 7th Circuit Court of Appeals has delved into that same territory and upheld a federal judge’s decision denying class certification in a sex discrimination suit in which a group of female Rolls-Royce employees accused the manufacturer of paying women less than men for the same or similar work.

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7th Circuit reverses on relation back issue

A plaintiff attempting to sue his employer for breach of contract should have been able to file an amended complaint with relation back to the date of the original complaint in order to correct the defendant even though the statute of limitations had expired, the 7th Circuit Court of Appeals concluded today.

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