7th Circuit rejects felon’s ‘stalking horse’ argument
In a case of first impression, the 7th Circuit Court of Appeals denied a “stalking horse” argument made by a convicted felon on parole who was caught unlawfully possessing firearms.
U.S. District Court for the Southern District of Indiana
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7th Circuit: Convicted CEO Burkhart doomed by evidence, not Barnes & Thornburg’s conflict of interest
Although the 7th Circuit Court of Appeals agreed the legal counsel had a conflict of interest when defending James Burkhart against federal fraud charges, the disgraced CEO of American Senior Communities failed to show he suffered as a result.
AG Rokita says no constitutional right to interact with government officials
Claiming freedom of speech does not guarantee the right to hear a government official deliver a message in person, Indiana Attorney General Todd Rokita is seeking dismissal of a First Amendment case brought by an Indianapolis-based political commentator who was barred from a press conference.
7th Circuit: Product liability claims against Cook Medical untimely
An Oregon woman who brought product liability claims in a short-form complaint against Indiana-based Cook Medical could not succeed on appeal because her claims were untimely, the 7th Circuit Court of Appeals has affirmed.
Indiana Southern District Court lifts mask, social distancing mandates
Visitors of the federal courthouses in the Southern District of Indiana will no longer be required to wear face coverings or socially distance while entering and occupying public spaces beginning next week, according to a Wednesday order from Chief Judge Tanya Walton Pratt.
Indy-area news orgs defeat defamation claim filed by pro-police nonprofit
A pro-police organization that was once accused of being a “scam” has lost its defamation claim against two Indianapolis-area news organizations.
Despite identity theft, 7th Circuit rules debt collectors didn’t violate federal law in collection action
While the process of remedying a case of credit card identity theft caused “a world of aggravation” for the plaintiff, the 7th Circuit Court of Appeals has affirmed the debt collectors’ actions during the investigation didn’t violate the Fair Debt Collection Practices Act or Fair Credit Reporting Act.
7th Circuit agrees lawyer’s mistake was ‘inexcusable attorney negligence’
Four plaintiffs seeking Cook Medical liable have lost their ability to continue in the multidistrict litigation after the 7th Circuit Court of Appeals affirmed the denial of a motion to reconsider the dismissal of their cases because their attorney missed a filing deadline.
Noblesville High School seeks dismissal of lawsuit filed by pro-life student
Noblesville School District and Noblesville High School are asking a federal court to dismiss a lawsuit brought by a freshman who alleged her rights were violated because she was not allowed to start a student pro-life club.
7th Circuit finds insurance co. has to defend USA Gymnastics against Nassar-related claims
A split 7th Circuit Court of Appeals panel has affirmed Liberty Insurance Underwriters Inc. must defend USA Gymnastics against the lawsuits filed by the athletes and affiliated gyms arising from Larry Nassar sexually assaulting hundreds of girls and young women over decades.
7th Circuit reverses 16-year drug sentence, finds district court relied on unsubstantiated allegations
Finding federal prosecutors failed to present any evidence to support the allegation that Edward Gibbs confessed to conspiring to distribute 4.5 kilograms of crystal meth, the 7th Circuit Court of Appeals overturned his 16-plus-year sentence and remanded for resentencing at a lower offense level.
7th Circuit rules ALJ failed to consider extent of disability caused by rape
The 7th Circuit Court of Appeals has overturned the denial of Social Security disability benefits for an honorably discharged female member of the U.S. Coast Guard who was raped by a fellow service member, finding the administrative law judge’s determination was not supported by the substantial evidence.
Pandemic forces delay in fraud trial of former Celadon execs
The ongoing pandemic has created another delay in the long-pending fraud trial of two former Celadon Group Inc. executives.
Bankruptcy filings fall again in 2021, holding off expected ‘wave’
Bankruptcy filings fell again in 2021, dropping 24% nationwide, according to newly released data from the Administrative Office of the U.S. Courts.
St. Vincent wants judge to order investigators to cooperate in case of fired physician
St. Vincent Medical Group wants to know more about why and when the federal government began investigating a Carmel doctor it fired in 2020, and has asked a federal judge to order the Department of Justice help it get to the bottom of the matter.
7th Circuit affirms, reverses on ‘bona fide error’ defense in consolidated debt suits
Two Indiana women who disputed debts they allegedly owed to debt-collection companies received conflicting results from the 7th Circuit Court of Appeals in a consolidated Wednesday decision.
7th Circuit upholds life sentence for Hoosier man in child sex crimes case
A life sentence has been upheld against an Indiana man convicted of a dozen crimes related to his production and possession of child pornography.
Courts announce closures in advance of winter storm
The winter storm predicted to dump several inches of snow on Indiana is disrupting courts around the Hoosier State, causing cancellations of some proceedings and closing courthouses.
Maley: Insights from the Indiana federal bench
At the annual federal civil practice seminar held in December, federal judges and staff offered practical insights and information.
Purdue faces off against European chip maker over two patents
One of Europe’s largest chip makers wants a federal judge to order Purdue Research Foundation to turn over documents concerning two patents that are the focus of a different lawsuit.