Thursday, August 28, 2008
Ind. Decisions - 7th Circuit posts one Indiana decision today
In Ben-Yisrayl v. Buss (ND Ind., Judge Sharp), a 26-page opinion, Judge Bauer writes:Obadyah Ben-Yisrayl, formerly known as Christopher Peterson, was convicted of two counts of murder by an Indiana jury. After extensive proceedings through the Indiana and federal... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, August 28, 2008
Monday, August 25, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In US v. Arreola-Castillo (SD Ind., Judge Barker), a 13-page opinion, Judge Cudahy writes:After a three-day trial, a jury convicted Jesus Arreola-Castillo of participating in a conspiracy to distribute more than 1,000 kilograms of marijuana. See 21 U.S.C. §... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, August 25, 2008
Saturday, August 23, 2008
Ind. Law - "Wine-shipping rules still not settled"
I've been looking forward to the Fort Wayne Journal Gazette's Dan and Krista Stockman's take on the recent 7th Circuit ruling in Baude v. Heath. It does not disappoint. Read it here. Here is a "taste", in the section about... $MTEntryExcerpt$>Posted by Marcia Oddi on Saturday, August 23, 2008
Ind. Decisions - More on "Women Battling Infertility Find a Friend in the Court"
Updating this ILB entry from August 20th, about the 7th Circuit's July 16th decision in a case out of Illinois, Cheryl Hall v. Nalco Company, Findlaw columnist Joanna Grossman, a professor of law at Hofstra University has a new column... $MTEntryExcerpt$>Posted by Marcia Oddi on Saturday, August 23, 2008
Friday, August 22, 2008
Ind. Decisions - Gary Post-Tribune editorial about 7th Circuit wine shipping decision
Here it is, I laughed out loud:Teens don't go online to get drunk on wine The U.S. 7th Court of Appeals in Chicago is afraid teenagers are buying wine online. Seriously. The judges are so concerned they've upheld an Indiana... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, August 22, 2008
Wednesday, August 20, 2008
Ind. Decisions - "Women Battling Infertility Find a Friend in the Court"
That is the headline to a column (Work and Family) in the Wall Street Journal. written by Sue Shellenbarger. Here is the link, but I can't tell if it is generally available. Here is a quote:In the first decision of... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, August 20, 2008
Ind. Decisions - 7th Circuit issues one Indiana decision today
In US v. Terry L. Reed (ND Ind., CJ Miller), an 11-page opinion, Judge Manion writes:During interrogation by police, Terry Reed claimed he had no authority to permit a search of a dwelling he apparently shared with his girlfriend.... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, August 20, 2008
Tuesday, August 19, 2008
Ind. Decisions - 7th Circuit issues one "Indiana" decision today [Updated]
In Angela Tyson v. Gannett Co (Southern District of Illinois [sic], Indianapolis Division—Richard L. Young, Judge), a 7-page opinion, Judge Coffey writes:Plaintiff Angela Tyson sued her employer Gannett Company, Inc., alleging that it had discriminated against her on the... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, August 19, 2008
Monday, August 18, 2008
Ind. Decisions - 7th Circuit issues one today, partially reversing Judge Tinder
In Grieveson v.Frank Anderson (SD Ind., Judge Tinder), a 30-page opinion, Judge Kanne writes:During Joseph Grieveson’s detainment at the Marion County, Indiana, Jail, he allegedly suffered several attacks at the hands of other inmates, and one attack by an... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, August 18, 2008
Saturday, August 16, 2008
Ind. Decisions - Still more on: "Love the wine? You must visit the vine"
The decision of the 7th Circuit August 7th in the case of Baude v. Heath (start here for background) is the subject of a long story today by Supriya Sinhababu in the South Bend Tribune that begins:When a federal court... $MTEntryExcerpt$>Posted by Marcia Oddi on Saturday, August 16, 2008
Friday, August 15, 2008
Ind. Decisions - Two Indiana decisions today from the 7th Circuit
In US v. Chube (ND Ind., Judge Lozano), a 25-page opinion, Judge Wood writes:Responding to growing concerns about widespread abuse of OxyContin, a Schedule II narcotic opioid often prescribed to treat chronic pain, the federal Drug Enforcement Administration (“DEA”)... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, August 15, 2008
Thursday, August 14, 2008
Ind. Decisions - 7th Circuit issues one Indiana decision today
In Carlos K. Williams v. Buss (ND Ind., Judge Sharp), a 12-page opinion, Judge Wood writes:Carlos K. Williams was sentenced to 55 years in prison for the murder of Amondo Nelson. Williams filed a petition for a writ of... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, August 14, 2008
Wednesday, August 13, 2008
Ind. Decisions - More on: 7th Circuit rules in Indiana case where defendant wore stun-belt throughout trial
The 7th Circuit's decision in Wrinkles v. Buss, summarized here in the ILB yesterday, August 12th, is the subject of a story this afternoon in the Louisville Courier Journal by Tom Coyle of the AP. Some quotes:A federal appeals has... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, August 13, 2008
Ind. Decisions - 7th Circuit issues two Indiana opinions today
In Getch v. Astrue (ND Ind., Cherry, Magistrate Judge), 20-page opinion, Judge Ripple writes:Charles Getch appeals the order of the district court upholding the Social Security Administration’s denial of his application for Disability Insurance Benefits. Mr. Getch contends that the... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, August 13, 2008
Tuesday, August 12, 2008
Ind. Decisions - 7th Circuit rules in Indiana case where defendant wore stun-belt throughout trial
In Wrinkles v. Buss (SD Ind., Judge Tinder), a 53-page, 2-1 opinion, Judge Kanne writes:This case is before the court on collateral review. In 1995, a Vanderburgh, Indiana, Circuit Court jury convicted Matthew Wrinkles of murdering his wife, his... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, August 12, 2008
Ind. Decisions - More on: "Love the wine? You must visit the vine"
The decision of the 7th Circuit August 7th in the case of Baude v. Heath (see ILB entries here and here) was the subject of a story yesterday in the Wine Spectator, reported by Robert Taylor. Some quotes:After one year... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, August 12, 2008
Friday, August 08, 2008
Ind. Decisions - Two Indiana cases today from the 7th Circuit
In US v. Spells (SD Ind., Judge Barker), a 24-page opinion, Judge Flaum writes:Defendant Melvin Spells was convicted by a jury on three counts stemming from a robbery of a Papa Johns Pizza restaurant. While Spells challenges the sufficiency... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, August 08, 2008
Ind. Decisions - "Love the wine? You must visit the vine"
The subhead to today's Indianapolis Star story by Jeff Swiatek: "Judges toss out ruling that let you simply order online; Hoosiers must appear in person for an ID check first.". The decision is that of the 7th Circuit yesterday in... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, August 08, 2008
Thursday, August 07, 2008
Ind. Decisions - 7th Circuit posts two Indiana decisions late today
One is the wine shipping case, Baude v. Heath (SD Ind., Judge Tinder). For background, see this ILB entry from Feb. 22nd. Today Judge Easterbrook writes, in an 11-page opinion:After Granholm v. Heald, 544 U.S. 460 (2005), held that... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, August 07, 2008
Ind. Decisions - "Circuit Court rejects suit opposing religion in vets care"
The 7th Circuit's decision 32-page decision yesterday in the case of Freedom from Religion Foundation v. Nicholson, out of Wisconsin, is the subject of an AP story today in the Fort Wayne Journal Gazette. Some quotes:MADISON, Wis. – Taxpayers cannot... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, August 07, 2008
Monday, August 04, 2008
Ind. Decisions - 7th Circuit issues 2 Indiana opinions today
In US V. Broadnax (ND Ind., Judge Sharp), a 14-page opinion, Judge Wood writes:Having concluded that the district court properly found the sentence that the Guidelines recommend for Broadnax’s offense, all that remains for us is to ensure that... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, August 04, 2008
Friday, August 01, 2008
Ind. Decisions - More on 7th Circuit decision yesterday in US V. Gladish
In US V. Gladish, decided yesterday (see ILB summary here), Judge Posner ruled:The defendant’s conviction of violating 18 U.S.C. § 2422(b) is reversed with instructions to acquit. The sentence for violating section 1470 will stand.It appears the defendant, who was... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, August 01, 2008
Thursday, July 31, 2008
Ind. Decisions - 7th Circuit issues one Indiana decision today
In US V. Gladish (ND Ind., CJ Miller), an 8-page opinion, Judge Posner writes:A jury convicted the defendant of having violated two federal statutes: 18 U.S.C. § 1470, which prohibits knowingly transferring or attempting to transfer obscene material to... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, July 31, 2008
Wednesday, July 30, 2008
Ind. Courts - 7th Circuit's use of Wikipedia in Home Depot case cited as "troubling"
Law prof Eugene Volokh of the widely-read Volokh Conspiracy writes today about the 7th Circuit's decision July 28th in Rickher v. Home Depot, Inc. Some quotes from Volokh:Courts have cited Wikipedia over 300 times, and many of those cites are... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, July 30, 2008
Ind. Decisions - Two Indiana opinions today from 7th Circuit
In Parrott v. US (SD Ind., Judge Young), a 21-page opinion, Judge Wood writes:The remand resulted in a grant of summary judgment against Parrott on both of his claims. In addition to challenging that ultimate decision on appeal, Parrott, who... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, July 30, 2008
Monday, July 28, 2008
Ind. Decisions - Interesting Illinois decision today from 7th Circuit re the CAA
In Citizens Against Ruining the Environment, et al v. EPA and Midwest Generation (Petitions for Review of Orders of EPA), a 16-page opinion, Judge Evans writes:In this consolidated appeal of three related administrative review proceedings, the petitioners, several environmental protection... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, July 28, 2008
Ind. Decisions - 7th Circuit issues one Indiana decisions today
In US v. Grogg (SD Ind., Judge McKinney), a 7-page opinion, Judge Bauer writes:On November 16, 2007, Clarence Grogg entered a conditional plea of guilty to an indictment charging him with being a felon in possession of a firearm in... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, July 28, 2008
Friday, July 25, 2008
Ind. Decisions - 7th Circuit issues two today from Indiana
In U.S. v. Lawrence, Jackson, Anderson, and Johnson (ND Ind., Judge Lozano) - a 13-page opinion, Judge Tinder writes:This case involves the consolidated appeals of Francis Lawrence, Anthony Jackson, David Anderson, and Leon Johnson, who filed motions with the... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, July 25, 2008
Tuesday, July 22, 2008
Ind. Decisions - 7th Circuit issues one Indiana decision today
In U.S. v. Woolsey (SD Ind., CJ Hamilton), a 20-page opinion, Judge Rovner writes:Charles Woolsey was convicted of drug and firearms offenses after police executed a search warrant at his residence and discovered a cache of guns, cocaine, marijuana, and... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, July 22, 2008
Monday, July 21, 2008
Ind. Courts - 7th Circuit issues one Indiana opinion today
In Diana L. Vail v. Raybestos (SD Ind., Judge Young), a 10-page opinion, Judge Flaum writes:Diana Vail is a former employee of Raybestos Products Company. Vail suffers from migraine headaches, a condition that required her periodically to take medical... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, July 21, 2008
Friday, July 18, 2008
Ind. Decisions - "Dyer woman's in vitro court case first of its kind"
Joe Carlson reports today in the NWI Times:CHICAGO | In a first-of-its-kind legal case that could have implications for women across the nation, federal judges have ruled that a Dyer woman should not have been fired for taking time... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, July 18, 2008
Thursday, July 17, 2008
Ind. Decisions - Two today from 7th Circuit
In Trask-Morton v. Motel 6 (SD Ind., Judge McKinney), a 20-page opinion, Judge Manion writes:Shortly after midnight on December 7, 2003, Marilyn Trask-Morton checked into a Motel 6 in Indianapolis. Later that morning, Morton, acting dazed and confused, staggered... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, July 17, 2008
Wednesday, July 16, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In U.S. v. Donald L. Cochran (ND Ind., Judge Simon), a 9-page opinion, Judge Flaum writes:Defendant Donald L. Cochran was arrested as part of an on-line sex chat room sting. He was caught fondling himself in front of a... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, July 16, 2008
Tuesday, July 15, 2008
Ind. Decisions - 7th Circuit issues one Indiana opinion today
In Vivian Brown v. Family Dollar Stores of Indiana (SD Ind., Judge McKinney), an 11-page opinion, Judge Rovner writes:Plaintiff-Appellant Vivian Brown brought an action against her former employer, Family Dollar Stores of Indiana, LP (“Family Dollar”), alleging that Family Dollar... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, July 15, 2008
Monday, July 14, 2008
Ind. Decisions - 7th Circuit issues one today, reversing Judge Tinder
In Steven Peters v. Gildead Sciences (SD Ind., Judge Tinder), a 14-page opinion, Judge Stykes writes:Steven Peters suffered a shoulder injury while he was employed by Gilead Sciences, Inc. He took a relatively short medical leave to have corrective... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, July 14, 2008
Friday, July 11, 2008
Ind. Decisions - 7th Circuit rules in two Indiana cases today
In Manez, et al v. Bridgestone Firestone (SD Ind., Judge Barker), a 28-page opinion, Judge Wood concludes:In summary, we conclude that the district court had subject-matter jurisdiction to decide whether there had been an abuse of process and that... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, July 11, 2008
Thursday, July 10, 2008
Ind. Decisions - 7th Circuit warns against baseless petitions
In a Per Curiam ruling on a petition for rehearing issued July 3rd, in the Wisconsin case of Easley v. Reuss, the court cautioned:Petitions for rehearing and petitions for rehearing en banc are mechanisms governed by rule and designed to... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, July 10, 2008
Wednesday, July 09, 2008
Ind. Decisions - 7th Circuit issues four Indiana opinions today
In U.S. v. Kevn L. Hicks (ND Ind., Judge Lee), an 11-page opinion, Judge Flaum writes:Kevin Hicks was arrested when police responded to a 911 caller who reported that an armed man was beating a woman. Hicks was charged with... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, July 09, 2008
Tuesday, July 08, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Mobley v. Allstate (SD Ind., Judge Barker), a 30-page, 2-1 opinion, Judge Flaum writes:Plaintiff Catherine A. Mobley worked for Allstate Insurance (“Allstate”) for sixteen years before being laid off with 31 other employees in October 2003 as part... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, July 08, 2008
Friday, July 04, 2008
Ind. Courts - 7th Circuit has "yet to rule on adult bookstore in New Albany: New Albany DVD has stayed open" [Updated]
Dick Kaukas has an interesting story today in the wake of the July 1st decision by SD Indiana federal judge Sarah Evans Barker, who ruled in the Big Hat Books case on a lawsuit filed May 7th. Judge Barker was... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, July 04, 2008
Thursday, July 03, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In United Steel, Paper etc. Union v. TriMas Corp (ND Ind., Judge Springmann), a 14-page opinion, Judge Cudahy writes:The defendant TriMas Corporation (TriMas) owns a number of heavy manufacturing plants in the Midwest. In July 2003, it signed a... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, July 03, 2008
Wednesday, July 02, 2008
Ind. Decisions - 7th Circuit issues one Indiana opinion today
In Nick's Cigarette City, Inc. v. U.S. (ND Ind., Judge Lozano), a 17-page opinion, Judge Manion writes:Nick’s Cigarette City, Inc. (“Cigarette City”) brought this action in the United States District Court for the Northern District of Indiana. It sought a... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, July 02, 2008
Tuesday, July 01, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In U.S. v. Antone C. Harris (SD Ind., Judge Barker), a 17-page opinion, Judge Williams writes:Harris argues that the district court should not have reconsidered whether the affidavit contained false statements under the law of the case doctrine. Because... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, July 01, 2008
Tuesday, June 24, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Ind. Funeral Directors Ins. Trust v. Benefit Actuaries, Inc. (SD Ind., Godich, Magistrate Judge), a 14-page opinion, Judge Evans writes:Things were hunky-dory for awhile, but eventually there came a time when the Trust experienced an unexpected spike in... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, June 24, 2008
Monday, June 23, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Sheridan v. Marathon Petroleum (SD Ind., Judge Barker), an 11-page opinion, Judge Posner writes:The plaintiffs, a Marathon dealer in Indiana and a company owned by him to whom he assigned his dealership contract, filed suit against Marathon under... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, June 23, 2008
Friday, June 20, 2008
Ind. Decisions - 7th Circuit issues one Indiana opinion today
In U.S. v. Morris Carter (ND Ind., Judge Lozano), a 25-page opinion, Judge Flaum writes:Defendant Morris Carter, who served as the elected Recorder for Lake County, Indiana, was convicted for three counts of extortion in violation of the Hobbs Act,... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, June 20, 2008
Thursday, June 19, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In U.S. v. Joseph Berndt (ND Ind., CJ Miller), a 7-page opinion, Judge Cudahy writes:Joseph Berndt lived in the basement of his parents’ South Bend, Indiana home for over 30 years. In 2006, his parents decided to sell their... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, June 19, 2008
Monday, June 16, 2008
Ind. Decisions - Two today from the 7th Circuit
In McCarthy v. Astrue, Comm. of SS (SD Ind., Judge Young), a 7-page opinion, Judge Bauer writes:McCarty filed a complaint in the United States District Court for the Southern District of Indiana, which issued a final order dated March 9,... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, June 16, 2008
Tuesday, June 10, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
Several times in the past, the ILB has reviewed 7th Circuit opinions that cited approving to language written by Theresa L. Springmann, Judge for the Northern District of Indiana, Fort Wayne Division. Today's opinion, by Judge Bauer, goes one... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, June 10, 2008
Thursday, June 05, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Pavey v. Conley (ND Ind., CJ Miller), a 6-page opinion, Judge Posner writes:The question presented by this interlocutory appeal under 28 U.S.C. § 1292(b) is whether a prisoner plaintiff in a suit for damages governed by the Prison... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, June 05, 2008
Law - Lawsuits Test Associational Discrimination Under the ADA
"Lawsuits Test Disabilities Act: Two Cases Cite Little-Known Protections For People Who Aren't Disabled But Care For Those Who Are," was the headline of this article yesterday by Jane Zhang of the Wall Street Journal.. Some quotes:Two lawsuits now pending... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, June 05, 2008
Tuesday, June 03, 2008
Ind. Decisions - More on: U.S. Supreme Court rules on Lake County definition of "money laundering" case
Updating this ILB entry from yesterday, Warren Richey of The Christian Science Monitor has a long article today headed "Harder task to nail money launderers: Two high court rulings on Monday will complicate US efforts to prove certain crimes." It... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, June 03, 2008
Monday, June 02, 2008
Ind. Decisions - U.S. Supreme Court rules on Lake County definition of "money laundering" case
The ILB has had a long list of entries on the 7th Circuit decision in the case of United States v. Santos, the most recent being this one from Oct. 5, 2007, re the oral arguments before the SCOTUS. Today... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, June 02, 2008
Saturday, May 31, 2008
Ind. Courts - "Key Hoosier Lottery case up for oral argument" before the 7th Circuit
The ILB has had a number of entries on various aspects of Indiana's quasi-public agencies. For instance, this Sept. 1, 2004 entry headed "Another indictment of an Indiana quasi-public entity" referenced the Intelenet Commission, PERF, the Indiana Economic Development Commission... $MTEntryExcerpt$>Posted by Marcia Oddi on Saturday, May 31, 2008
Friday, May 30, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Harney, Brian v. Speedway SuperAmerica (SD Ind., J. McKinney), a 16-page opinion, Judge Bauer writes:Plaintiffs brought a class action lawsuit against their employer, Speedway SuperAmerica LLC, alleging that the manner in which Speedway pays and forfeits its employees’... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, May 30, 2008
Thursday, May 22, 2008
Ind. Decisions - "7th Circuit Ruling a Big Win for Mutual Fund Advisers"
Zach Lowe of The American Lawyer reports on the 7th Circuit's decision Monday, May 19th in the case of Jones v. Harris Associates, in a story that begins:A federal appeals court judge ruled on Monday that courts should not cap... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, May 22, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Gregory Samuelson v. LaPorte Community School (ND Ind., CJ Miller), a 17-page opinion, Judge Ripple affirms the district court's grant of summary judgment on Samuelson's First Amendment claims. A. We first consider whether LSC’s chain-of-command policy, Guideline 1110,... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, May 22, 2008
Wednesday, May 21, 2008
Ind. Decisions - 7th Circuit's Chief Judge asks lawyers to keep lookout for cranky judges
Lynne Marek of The National Law Journal reports today:Chief Judge Frank Easterbrook, who presides over the 7th U.S. Circuit Court of Appeals, asked lawyers and judges to be on the look-out for aging, cranky, deteriorating judges who might need a... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, May 21, 2008
Thursday, May 15, 2008
Ind. Decisions - 7th Circuit decides Illinois case on the "fighting words" doctrine
In Purtell v. Mason (ND Ill.), a 24-page opinion, Judge Sykes writes:This free-speech lawsuit requires us to determine the present scope of the “fighting-words” doctrine. The setting is a neighborhood feud. The case features an unsightly, 38-foot recreational vehicle... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, May 15, 2008
Tuesday, May 13, 2008
Ind. Decisions - 7th Circuit issues one Indiana decision today
In Knutson v. USG Corp. and SDRC (SD Ind., Judge Barker), an 8-page opinion, Judge Posner writes:The plaintiff brought this diversity suit (governed by Indiana law) to recover almost $700,000 in sales commissions that he claims are due from... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, May 13, 2008
Thursday, May 08, 2008
Ind. Decisions - One Indiana decision from 7th Circuit today
In U.S.A. v. Teresa and Michael Osburn (ND Ind., Judge Lozano), a 7-page opinion, Chief Judge Easterbrook writes:In 1998 Michael Orsburn was elected Trustee of Keener Township in Jasper County, Indiana. The Trustee administers funds for emergency services and... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, May 08, 2008
Monday, May 05, 2008
Ind. Decisions - 7th Circuit decides one Indiana case
In UNITED STATES OF AMERICA v. RODRIGO SOTO-PIEDRA and MIGUEL HERNANDEZ (SD Ind., Judge McKinney), a 12-page opinion, Judge Kanne writes:Rodrigo Soto-Piedra and Miguel Hernandez pleaded guilty to conspiracy to distribute cocaine. See 21 U.S.C. §§ 846, 841(a)(1). Neither... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, May 05, 2008
Thursday, May 01, 2008
Ind. Decisions - Two Indiana decisions today from the 7th Circuit.
In Mas Capital v. Biodelivery Sciences (SD Ind., Judge Hamilton), a 5-page opinion, Judge Easterbrook concludes:The district judge was not amused, and neither are we. Tsai and his corporations take the law, and their promises, entirely too lightly. Tsai... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, May 01, 2008
Tuesday, April 29, 2008
Ind. Decisions - One Indiana case today from 7th Circuit
In Gerald C. Ellis v. United Parcel (SD Ind., Judge Young), a 14-page opinion, Judge Evans writes:This case centers around United Parcel Service’s nonfraternization policy, which forbids a manager from having a romantic relationship with any hourly employee, even... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, April 29, 2008
Courts - Still more on: Supreme Court rejects voter ID law challenge
New or expanded stories today in the Indiana voter ID ruling yesterday by the Supreme Court. Lesley Stedman Weidenbener of the LCJ reports here. The Fort Wayne Journal Gazette's Sylvia Smith's story has been expanded and appears here. Tony Mauro... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, April 29, 2008
Monday, April 28, 2008
Courts - More on: Supreme Court rejects voter ID law challenge
Maureen Groppe of the Indianapolis Star Washington Bureau has this coverage of today's voter ID decision. Sylvia Smith, the Fort Wayne Journal Gazette's Washington editor, has this report. David Stout of the NY Times has this article this afternoon. Robert... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, April 28, 2008
Thursday, April 24, 2008
Ind. Decisions - "Dueling awareness days and accompanying t-shirts"
Nuxoll v. Indian Prairie School District, an opinion in a case out of Illinois issued late yesterday by the 7th Circuit, is discussed last evening in this entry by Gary Welsh of Advance Indiana. The ruling is also featured in... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, April 24, 2008
Wednesday, April 23, 2008
Ind. Decisions - More on: Indiana photo-ID decision coming tomorrow?
Updating this ILB entry from Monday, the blog, Ballot Access News, edited by Richard Winger, reports today: No U.S. Supreme Court Election Law Decision on April 23: Although the U.S. Supreme Court issued an opinion on April 23 in a... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, April 23, 2008
Monday, April 21, 2008
Ind. Decisions - Indiana photo-ID decision coming tomorrow?
The blog, Ballot Access News, edited by Richard Winger, reports today:The U.S. Supreme Court did not release any full opinions on April 21, but it probably will on April 22. That might include the Indiana government photo-ID case for voting... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, April 21, 2008
Wednesday, April 16, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
The 7th Circuit today issues a combined opinion for three cases, including Darrell Bruce v. KeyBank (ND Ind., Judge Lozano). Judge Easterbrook:We have grouped for decision three appeals under the Fair Credit Reporting Act presenting issues that have arisen... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, April 16, 2008
Friday, April 04, 2008
Ind. Decisions - 7th Circuit issues one Indiana opinion
In U.S. v. Ivory Griffin (ND Ind., Judge Sharp), a 7-page opinion, Judge Kanne writes:Ivory Griffin pled guilty to one count of possessing an unregistered firearm, 26 U.S.C. § 5861(d), and one count of possessing a firearm after having... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, April 04, 2008
Thursday, March 27, 2008
Ind. Decisions - One Indiana decision today from 7th Circuit
In U.S. v. Price (ND Ind., Judge Simon), a 16-page opinion, Judge Wood writes:When Officer Terry Smith of the Gary, Indiana, police department responded to a call on June 28, 2003, about fires that people were setting in alleys... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, March 27, 2008
Tuesday, March 25, 2008
Ind. Decisions - 7th Circuit issues an Indiana opinion today
In Christina Soltys and Danuta Pauch v. Yvonne Costello (ND Ind., MJ Rodovich), a 14-page opinion, Judge Kanne writes:Christina Soltys and Danuta Pauch were seriously injured in a car accident caused by Yvonne Costello, who, at the time, was... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, March 25, 2008
Monday, March 24, 2008
Ind. Decisions - 7th Circuit issues one Indiana opinion
In U.S. v. Odell Corley (ND Ind., Judge Lozano), a 22-page opinion, Judge Rovner writes:The defendant-appellant Odell Corley was convicted of a number of charges including bank robbery and capital murder, and was sentenced to death on October 27,... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, March 24, 2008
Friday, March 14, 2008
Ind. Decisions - Interesting non-Indiana 7th Circuit opinion today
In Chicago Lawyers' Committee for Civil Rights v. Craigslist, a 10-page opinion, Chief Judge Easterbrook writes:Section 804(a) of the Fair Housing Act forbids discrimination on account of race, religion, sex, or family status when selling or renting housing. 42... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, March 14, 2008
Monday, March 10, 2008
Ind. Decisions - 7th Circuit issues one Indiana decision today
In Asher B. Hill v. Sup't., Westville Correctional Fac. (ND Ind. Judge Simon), a 6-page opinion, Chief Judge Easterbrook writes:Asher Hill entered a liquor store in Indianapolis, shot the clerk, and stole the contents of the cash register. For... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, March 10, 2008
Friday, March 07, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Banco del Atlantico v. Woods Industries (SD Ind., Judge McKinney), a 9-page opinion, Judge Evans concludes:For these reasons, we see no basis on which to find that the district judge abused his discretion in dismissing the case as... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, March 07, 2008
Wednesday, March 05, 2008
Ind. Decisions - 7th Circuit issues one Indiana decision
In United Rental Technologies v. Indiana Constructors (SD Ind., Judge Barker), a 14-page opinion, Judge Posner writes:Anyone who travels on the interstate system in northern states understands the force of the dictum that on the interstate highways in those... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, March 05, 2008
Tuesday, March 04, 2008
Ind. Decisions - 7th Circuit decides Illnois case re litigious softball parents
Read about it here in Robert Loblaw's Decision of the Day.... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, March 04, 2008
Monday, March 03, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In USA v. Martinez (SD Ind., Judge Barker), a 10-page opinion, Judge Rovner writes:The jury was not asked to make a specific finding as to drug quantity but instead was told, apparently without objection from the defendants, that in order... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, March 03, 2008
Friday, February 29, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Duncan v. Fleetwood Motor Homes (ND Ind., Mag. Judge Cosbey), a Per Curiam panel ruled in a 13-page opinion:Barry Duncan worked at Fleetwood Motor Homes of Indiana for 20 years, 15 of them as a material handler. In... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, February 29, 2008
Thursday, February 28, 2008
Ind. Decisions - Two today from 7th Circuit
In Schleicher, Steve v. Salvation Army (SD Ind., Judge Young), an 11-page opinion, Judge Posner writes:The Schleichers brought suit against their former employer, the Salvation Army, charging violations of the minimum-wage and overtime provisions of the Fair Labor Standards... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, February 28, 2008
Monday, February 25, 2008
Ind. Decisions - More on: Indiana wine shipping case to be argued today before the 7th Circuit
The oral arguments in Baude v. Heath, the wine shipping case., were held Friday, Feb. 22, before a three judge panel. Two of the judges were Easterbrook and Posner. Listen to the oral arguments here, but not if you are... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, February 25, 2008
Thursday, February 21, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Tubergen v. St. Vincent Hospital (SD Ind., Judge Tinder), an 11-page opinion involving a 65 year-old physician suing on the basis of age discrimination, Judge Flaum concludes:In this restructuring context, St. Vincent was required to provide its older employees... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, February 21, 2008
Wednesday, February 20, 2008
Ind. Decisions - 7th Circuit "on the warpath today"
Fortunately no Indiana cases were decided today, but see these two entries from Robert Loblaw's Decision of the Day. The first is a posting titled "Seventh Trashes Prominent Finance Professor", which begins:The Seventh Circuit is well-known for trashing the reputation... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, February 20, 2008
Monday, February 04, 2008
Ind. Decisions - Two Indiana opinions today from the 7th Circuit
In USA v. Beaver, Chris A. (SD Ind., Judge McKinney), a 22-page opinion involving concrete price-fixing, Judge Kanne writes:A federal jury found Christopher Beaver guilty of participating in a price-fixing conspiracy, 15 U.S.C. § 1, and making false statements... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, February 04, 2008
Thursday, January 24, 2008
Ind. Decisions - 7th Circuit denies FedEx review
On Jan. 22nd the 7th Circuit, according to this item from RTT News:declined to hear the request of FedEx Ground, an operating unit of FedEx Corp. (FDX), for interlocutory review of the class certification decision in the Kansas case pending... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, January 24, 2008
Wednesday, January 23, 2008
Ind. Decisions - 7th Circuit issues one Indiana opinion
In United States v. Rivas (ND Ind., Judge Lozano), a 16-page opinion, Judge Bauer writes:Hernandez-Rivas essentially makes the same underlying argument here as he did in his motion to suppress—that the trooper did not have reasonable suspicion or probable... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, January 23, 2008
Tuesday, January 22, 2008
Ind. Decisions - One Indiana decision today from 7th Circuit
In Prostyakov v. Masco Corp. (SD Ind., Judge Barker), an 18-page opinion, Judge Kanne writes:The district court granted Peter Prostyakov’s petition to confirm his arbitral award against Masco Corporation and, in so doing, denied Masco’s application to vacate the... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, January 22, 2008
Saturday, January 19, 2008
Ind. Decisions - 7th Circuit allows challenge to death-row interview ban
The 7th Circuit's opionion Jan. 15th in the case of Hammer v. Ashcroft (see ILB summary here) is the focus of a story today by Tom Coyne of the AP. The comprehensive report begins:SOUTH BEND, Ind. -- A federal appeals... $MTEntryExcerpt$>Posted by Marcia Oddi on Saturday, January 19, 2008
Friday, January 18, 2008
Ind. Decisions - 7th Circuit issues one Indiana decision today; ruling notes government's "win" is a tarnished one
In United States v. Randall Brewington (SD Ind., Judge McKinney), a 5-page opinion, Judge Evans writes:In early 2006, while serving a state prison sentence in Indiana, Randall Brewington received word that he had been indicted on criminal charges in... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, January 18, 2008
Wednesday, January 16, 2008
Ind. Decisions - More on: 7th Circuit denies rehearing in legislative prayer case
Updating yesterday's ILB entry on the 7th Circuit's vote to deny rehearing of its decision in Hinrichs v. Speaker House Rep IN, the legislative prayer case, the AP reports today:The 7th U.S. Circuit Court of Appeals declined yesterday to reconsider... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, January 16, 2008
Tuesday, January 15, 2008
Ind. Decisions - 7th Circuit decides one, and denies rehearing in legislative prayer case [Updated]
In Hammer v. Ashcroft (SD Ind., Judge Tinder), a 16-page opinion, Judge Rovner writes:David Hammer, a federal prisoner on death row, sued various Bureau of Prisons (“BOP”) officials alleging that they violated his First Amendment and equal protection rights by... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, January 15, 2008
Sunday, January 13, 2008
Ind. Decisions - "Is voter fraud or politics the issue" in the voter ID case?
"Is voter fraud or politics the issue?" is the headline today to a commentary piece by Sylvia A. Smith, Washington editor of the Fort Wayne Journal Gazette that concludes:Is the right to vote such a cornerstone of U.S. democracy that... $MTEntryExcerpt$>Posted by Marcia Oddi on Sunday, January 13, 2008
Friday, January 11, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Darst, Trustee v. Interstate Brands Corp. (SD Ind., Judge Tinder), a 17-page opinion, Chief Judge Rovner writes:Krzysztof Chalimoniuk worked for Interstate Brands Corporation (“IBC”), a manufacturer of baked goods, for fifteen years before he was terminated for excessive... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, January 11, 2008
Thursday, January 10, 2008
Ind. Decisions - "Justices seem hesitant to toss Indiana's voter ID law"
That is the headline to this long story today by Indianapolis Star Washington editor Maureen Groppe. It begins:WASHINGTON -- Some Supreme Court justices questioned Wednesday whether Indiana could fashion a voter identification law that would help prevent fraud but be... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, January 10, 2008
Ind. Decisions - 7th Circuit decides three Indiana cases today
In Patriot Homes v. Forest River Housing (ND Ind., Judge Sharp), an 8-page decision, Judge Evans writes:Two companies, Patriot Homes and Forest River Housing, compete in the modular housing manufacturing industry. Patriot sued Forest River Housing’s subsidiary, Sterling Homes,... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, January 10, 2008
Wednesday, January 09, 2008
Ind. Decisions - More today on the voter ID case
NPR's Diane Rehm Show this morning devoted an hour to "Voter ID Requirements and the Voting Process." The description:The Supreme Court hears arguments for and against an Indiana law requiring voters to show a photo ID at the polls. We... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, January 09, 2008
Ind. Decisions - Even more on Indiana voter ID oral argument
This is the day that Crawford v. Marion County Election Bd. will be argued before the Supreme Court of the United States. Here are some additional resources: SCOTUSBlog has a wiki with information and links to probably everything you ever... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, January 09, 2008
Tuesday, January 08, 2008
Ind. Decisions - Yet more on tomorrow's voter ID case
Professor Rick Hasen of Election Law Blog and Indiana Secretary of State Todd Rokita debate the Crawford voter ID case.... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, January 08, 2008
Ind. Decisions - "Our view on improving elections: Photo ID to vote? Only if all who are eligible can get one"
So writes USAToday in its editorial on the Indiana voter ID case before the SCOTUS tomorrow. Here is a sample:At first blush, requiring photo ID at the polls seems like a sensible way to deter fraud. The great majority of... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, January 08, 2008
Monday, January 07, 2008
Ind. Decisions - More on "High court to consider Indiana law on voter ID"
Updating Sunday's ILB entry, here are more previews of Wednesday's oral arguments in the Indiana voter ID case: Maureen Groppe of the Indianapolis Star Washington Bureau reports - "Voter ID law going before high court" Ian Urbina of the NY... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, January 07, 2008
Sunday, January 06, 2008
Ind. Decisions - "High court to consider Indiana law on voter ID"
Sylvia A. Smith, Washington editor of the Fort Wayne Journal Gazette, writes today on the voter ID law challenge, to be heard Wednesday, January 9th in oral arguments before the Supreme Court of the United States. Some quotes:The Supreme Court... $MTEntryExcerpt$>Posted by Marcia Oddi on Sunday, January 06, 2008
Thursday, January 03, 2008
Ind. Decisions - "This Seventh Circuit decision is a real gem"
Decision of the Day today highlight's another Easterbook opinion (his Indiana decision was summarized in an earlier ILB entry today). The highlighted case originated in Illinois and is titled Federal Trade Commission v. QT Inc. Chief Judge Easterbrook's opinion begins:WIRED... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, January 03, 2008
Ind. Decisions - One Indiana decision today from 7th Circuit
In U.S. v. Moon (ND Ind., Judge Lozano), an 8-page opinion, Cheif Judge Easterbrook writes:Anthony Alexander and George Moon have been convicted of distributing cocaine and of some ancillary crimes. See 21 U.S.C. §841. Alexander received a sentence of... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, January 03, 2008
Wednesday, January 02, 2008
Ind. Decisions - 7th Circuit issues two Indiana opinions
In Mesman v. Crane Pro Services (ND Ind., Magistrate Judge Cherry), a 15-page opinion, Judge Posner writes:This products-liability case is before us for the second time. 409 F.3d 846 (7th Cir. 2005). Federal jurisdiction is based on diversity of... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, January 02, 2008
Friday, December 28, 2007
Ind. Decisions - 7th Circuit issues one Indiana decision today
In U.S. v. Fernando Figueroa-Espana (SD Ind., Judge Hamilton), a 15-page opinion, Judge Bauer writes:After the district court denied his motion to suppress evidence, Fernando Figueroa- Espana pleaded guilty to one count of possession with intent to distribute five... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, December 28, 2007
Wednesday, December 26, 2007
Ind. Decisions - 7th Circuit issues one Indiana ruling today
In U.S. v. Haskins (ND Ind., Judge Lozano), a 13-page opinion, Judge Rovner writes:A wild night at Dena’s Pub, a local nightclub in Gary, Indiana, ended prematurely when police arrived on the scene and confiscated drugs and firearms from... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, December 26, 2007
Tuesday, December 25, 2007
Ind. Decisions - Voter ID to be argued Wed., Jan. 9th
The Washington Post today has a good overview of the "Partisan Fissures Over Voter ID". Robert Barnes writes in a lengthy report:The Supreme Court will open the new year with its most politically divisive case since Bush v. Gore decided... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, December 25, 2007
Friday, December 21, 2007
Ind. Decisions - "Briefing complete in Indiana voter id case"
Prof. Rick Hasen of Election Law Blog has sent a note headed "Briefing complete in Indiana voter id case," plus a pointer to this entry, reminding us that the oral argument is January 9, 2008. Check this Nov. 14th ILB... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, December 21, 2007
Ind. Decisions - 7th Circuit issues Indiana decision today
In Elizabeth A. Bright v. Hill's Pet Nutrition and Colgate-Palmolive (SD Ind., Judge Hamilton), a 9-page opinion, Chief Judge Easterbrook writes, beginning on p. 6:All of this is so straightforward that the reader must be wondering why we have... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, December 21, 2007
Thursday, December 20, 2007
Ind. Decisions - More on: 7th Circuit issues Indiana-based meth sentencing decision today
Today's 7th Circuit opinion in the ND Indiana case, U.S. v. Mendoza [see ILB summary from earlier today] is referenced in Prof. Douglas Berman's frequently cited Sentencing Law and Policy blog in this entry today, headed "Circuits continue to have... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, December 20, 2007
Ind. Decisions - 7th Circuit issues Indiana-based meth sentencing decision today
Although the Circuit Court is in recess until Jan. 7th, opinions are still being issued. In U.S. v. Mendoza (ND Ind., Judge Sharp), an 11-page opinion, Judge Rovner writes:A jury found José Mendoza guilty of distributing amphetamine in violation... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, December 20, 2007
Wednesday, December 19, 2007
Ind. Decisions - More on: Appeal of wine shipping case to 7th Circuit
Updating this ILB entry from Dec. 13th, several more amicus briefs have been filed in the appeal of Baude v. Heath to the 7th Circuit, these on behalf of the Appellees, including members of the General Assembly who support the... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, December 19, 2007
Monday, December 17, 2007
Ind. Decisions - 7th Circuit in recess
The court is in recess until Monday, January 7, 2008.... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, December 17, 2007
Friday, December 14, 2007
Ind. Decisions - "The Seventh Trashes Another Attorney (and Rightly So)"
Not to worry. This does not directly involve an Indiana case or attorney. Robert Loblaw of Decision of the Day has a post about the 7th Circuit's opinion today, authored by Judge Posner, in U.S. v. Collins, out of Illinois.... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, December 14, 2007
Ind. Decisions - 7th Circuit rules in IUPUI women's tennis coach discimiination suit
In Debbie A. Peirick v. IUPUI (SD Ind., Judge McKinney), a 28-page opinion, Judge Williams writes:During Debbie Peirick’s thirteenth and final year as head coach of the women’s tennis team at Indiana University-Purdue University Indianapolis (IUPUI), her team maintained... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, December 14, 2007
Friday, December 07, 2007
Ind. Decisions - 7th Circuit decides one Indiana appeal today
In U.S. v. Taylor (ND Ind., Judge Norgle, Sr.), a 20-page opinion, Judge Rovner writes:Styles Taylor and Keon Thomas, both African-American, were jointly tried for the armed robbery of a gun store and the murder of its elderly owner,... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, December 07, 2007
Wednesday, December 05, 2007
Ind. Decisions - 7th Circuit issues three Indiana opinions today
In U.S. v. Amaral-Estrada (SD Ind., Judge Barker), a 16-page opinion, Judge Bauer concludes:For the reasons stated above, the district court did not err in denying both Amaral-Estrada’s and Lira-Esquivel’s Motions to Suppress Evidence. The district court’s orders are... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, December 05, 2007
Tuesday, December 04, 2007
Ind. Decisions - 7th Circuit tobacco trademark case out of Illinois turns on pictures
In Top Tobacco v. North Atlantic Operating Co. (ND Ill), a 7-page opinion, Chief Judge Easterbrook writes:This case illustrates the power of pictures. One glance is enough to decide the appeal. Top Tobacco, L.P., sells tobacco to people who... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, December 04, 2007
Ind. Courts - More on: Oral arguments this afternoon before 7th Circuit in Joseph E. Corcoran’s death penalty case
Yesterday morning, Rebecca S. Green of the Fort Wayne Journal Gazette previewed the oral arguments to take place that afternoon before a panel of the 7th Circuit in the State's appeal to reinstate the death penalty in the case of... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, December 04, 2007
Monday, December 03, 2007
Ind. Courts - Oral arguments this afternoon before 7th Circuit in Joseph E. Corcoran’s death penalty case
Rebecca S. Green of the Fort Wayne Journal Gazette reports today in a story that begins: The Indiana Attorney General’s Office will ask a federal appeals court today to reinstate quadruple-murderer Joseph E. Corcoran’s death penalty that was thrown out... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, December 03, 2007
Friday, November 30, 2007
Ind. Decisions - Voter ID - What's at Stake?
PENNumbra, "A project of the University of Penneslyvania uniting the public and the legal acadamy," presents this 21-page debate between two law profs on Crawford v. Marion County Election Board. Here is the summary:Professor Smith finds no reason for the... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, November 30, 2007
Wednesday, November 28, 2007
Ind. Decisions - 7th Circuit's case involving “'Pull My Finger Fred,' a farting plush doll," is back
The ILB reported on the "Pull My Finger Fred" case on March 20, 2007. Today the case, JCW INVESTMENTS, INC., d/b/a Tekky Toys, Plaintiff-Appellee v. NOVELTY, INC.. is back. In a 4-page opinion, Judge Diane P. Wood writes:Tekky Toys... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, November 28, 2007
Wednesday, November 21, 2007
Ind. Decisions - 7th Circuit decides one Indiana case today
In USA v. Parker (ND Ind., Judge Sharp), a 15-page opinion, Judge Sykes writes:Jesse James Parker was convicted of making a false statement on a federal firearms form, being a felon in possession of a firearm, and being an illegal... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, November 21, 2007
Tuesday, November 20, 2007
Ind. Decisions - More on: Federal Judge Tinder rules for plainitiifs in Indiana wine shipping suit
Updating this ILB entry from August 29, 2007, the wine shipping opinion issued by Judge John D. Tinder in the case of Baude v. Heath is now on appeal to the 7th Circuit. The State of Indiana is appealing the... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, November 20, 2007
Sunday, November 18, 2007
Ind. Law - How well does the provisional ballot work in real life?
The Kokomo Tribune column "Public Eye" by Scott Smith and Ken de la Bastide, has this item, of interest particularly in light of some of the close mayoral races . . . and the Voter ID provisional ballot "solution." The... $MTEntryExcerpt$>Posted by Marcia Oddi on Sunday, November 18, 2007
Friday, November 16, 2007
Ind. Decisions - Date now set for voter ID oral arguments before the SCOTUS
See "January arguments, day by day" at the SCOTUSBlog.... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, November 16, 2007
Wednesday, November 14, 2007
Ind. Decisions - Still more on: Merits briefs due today in Indiana voter ID cases
Updating this ILB entry, the Brennan Center for Justice at NYU School of Law (see more about the Brennan Center here) has set up a special web page on the Indiana voter ID cases, stating:The Indiana voter ID case is... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, November 14, 2007
Ind. Decisions - In Illinois decision today, "Easterbrook Chews Out Tax Protestor’s Attorney"
Robert Loblaw has a report this afternoon in his blog, Decision of the Day, including:After devoting six pages to the merits of the defendant’s appeal, Chief Judge Easterbrook devotes another four pages to berating the attorney and concludes by ordering... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, November 14, 2007
Ind. Decisions - Yet more on: 7th Circuit decides legislative prayer case, dismissing for lack of standing
Updating earlier ILB entries on the 7th Circuit's legislative prayer decision (start here for recent ILB entries) in the case of Hindrichs v. Bosma, Bill Ruthhart of the Indianapolis Star reports this afternoon that the plainitffs' representative, ACLU of Indiana,... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, November 14, 2007
Tuesday, November 13, 2007
Ind. Decisions - Still more on: 7th Circuit dismisses challenge to Indiana canons of judicial ethics
On Friday, Oct. 26th, the 7th Circuit issued a significant decision in the case of Right to Life v. Randall T. Shepard. (For background, start with this ILB entry from Nov. 2nd.) Today, James Bopp Jr., attorney for Right to... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, November 13, 2007
Ind. Decisions - One Indiana case today from 7th Circuit, re filing of an Anders brief
In USA v. King (SD Ind., Judge Hamilton), an 8-page per curiam decision, the Court writes:King filed a notice of appeal; perhaps anticipating our opinion in United States v. Gammicchia, 498 F.3d 467 (7th Cir. 2007) (when a criminal... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, November 13, 2007
Thursday, November 08, 2007
Ind. Decisions - More on: Merits briefs due today in Indiana voter ID cases
Those following the voter ID case will not want to miss the amicus brief filed today by Rick Hasen of the Election Law Blog. Read his accompanying blog entry here.... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, November 08, 2007
Ind. Decisions - 7th Circuit issues one Indiana decision today
In USA v. Weathington (SD Ind., Judge Hamilton), an 11-page opinion, Judge Ripple writes:Jerome Weathington pleaded guilty to five counts of armed robbery, in violation of 18 U.S.C. § 1951(a), and one count of brandishing a firearm during and... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, November 08, 2007
Monday, November 05, 2007
Ind. Decisions - Merits briefs due today in Indiana voter ID cases [Updated]
Per SCOTUSBlog.com, Petitioners’ briefs are due Monday (today) in Crawford v. Marion City Election Board (07-21) and Indiana Democratic Party v. Rokita (07-25), the voter identification cases. Check the SCOTUS WIKI page for briefs and documents, when filed. [Updated] See... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, November 05, 2007
Friday, November 02, 2007
Ind. Decisions - More on: 7th Circuit dismisses challenge to Indiana canons of judicial ethics
Last Friday, Oct. 26th, the 7th Circuit issued a significant decision in the case of Right to Life v. Randall T. Shepard. The ILB covered it here. Like the legislative prayer decision issued the following Monday, Oct. 29th, the panel... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, November 02, 2007
Ind. Decisions - Yet more on: 7th Circuit decides legislative prayer case, dismissing for lack of standing
Updating this ILB entry from Oct.. 31st, CNSNews.com's Pete Winn has a story giving both side's positions on the impact of the 7th Circuit panel's 2-1 decision earlier this week.... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, November 02, 2007
Wednesday, October 31, 2007
Ind. Decisions - Still more on: 7th Circuit decides legislative prayer case, dismissing for lack of standing
Coverage this morning of the 7th Circuit's 2-1 decision yesterday in the legislative prayer appeal includes: "House prayer ban falls on appeal: Court finds plaintiffs have no legal right to sue," reported by Niki Kelly of the Fort Wayne Journal... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, October 31, 2007
Tuesday, October 30, 2007
Ind. Decisions - More on: 7th Circuit decides legislative prayer case, dismissing for lack of standing [Updated]
Updating this ILB entry from earlier today, Bill Ruthhart of the Indianapolis Star reported this afternoon:All prayers, including those to Jesus, once again can be given from the podium of the Indiana House. The 7th U.S. Circuit Court of Appeals... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, October 30, 2007
Ind. Decisions - In addition to legislative prayer decision, 7th Circuit issues two other Indiana decisions today
In Digrugilliers v. City of Indianapolis (SD Ind., Judge Barker), a 10-page opinion, Judge Posner writes:The plaintiff is the pastor of the Baptist Church of the West Side, a small congregation (30 to 50 members) that conducts church services... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, October 30, 2007
Ind. Decisions - 7th Circuit decides legislative prayer case, dismissing for lack of standing
The 7th Circuit has issued its long-awaiting decision today in the legislative prayer case, dismissing it for want of jurisdiction. [For background, see this long list of ILB entries.] In Hindrichs v. Bosma [now styled Speaker of the House... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, October 30, 2007
Friday, October 26, 2007
Ind. Decisions - 7th Circuit dismisses challenge to Indiana canons of judicial ethics
In Right to Life v. Randall T. Shepard (ND Ind., Judge Sharp), a 10-page opinion, Judge Evans writes:Indiana Right to Life and Arline Sprau (we will refer to them collectively as Right to Life) filed this complaint against the... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, October 26, 2007
Thursday, October 25, 2007
Ind. Decisions - One Indiana opinion today from the 7th Circuit
In Thomas M. Klein and Annie J. Rice v. DePuy Orthppaedics, et.al. (ND Ind., Judge Springmann)., a 12-page opinion, Judge Evans writes:In this products liability/personal injury suit, the defendants, DePuy Orthopaedics, Inc., DePuy, Inc., and Johnson & Johnson, contend... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, October 25, 2007
Tuesday, October 23, 2007
Ind. Decisions - 7th Circuit issues opinion today on Fair Debt Collection Practices Act
In Evory v. RJM Acquisitions (a combined opinion where SD Ind. Judge Hamilton authored two of the decisions, the other two cases are out of Illinois), a 17-page opinion, Judge Posner writes:We have consolidated for decision four intertwined cases that... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, October 23, 2007
Monday, October 22, 2007
Ind. Decisions - Two Indiana decisions today from 7th Circuit
In USA v. Wiszowaty (ND Ind., Judge Moody), a 7-page opinion, Judge Evans writes:A jury convicted Jim Wiszowaty, an orthopedic and prosthetic products salesman, of one count of conspiracy to commit health care fraud and 64 counts of health... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, October 22, 2007
Friday, October 19, 2007
Ind. Decisions - 7th Circuit decides one Indiana case today
In USA v. Brodie (SD Ind., Judge McKinney), a 9-page opinion, Judge Kanne writes:Damien Brodie was convicted after a jury trial of possession of cocaine and marijuana with the intent to distribute. See 21 U.S.C. § 841(a)(1). On appeal... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, October 19, 2007
Thursday, October 18, 2007
Ind. Decisions - "Judge Easterbrook: A Good Lead Plaintiff Is Hard To Find"
See this WSJ Blog entry this afternoon about the 7th Circuit opinion today out of Illinois, refusing to certify a securities class action against Baxter International. The case is Asher, et al v. Baxter Int'l.... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, October 18, 2007
Tuesday, October 16, 2007
Ind. Decisions - One Indiana case from 7th Circuit today [More]
In Coolidge v. Indianapolis (SD Ind., Judge Barker), an 8-page opinion, Judge Williams writes:This appeal arises out of Kelly Coolidge’s second lawsuit charging her former employer, the Indianapolis-Marion County Forensic Services Agency, also known as the Crime Lab, with... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, October 16, 2007
Friday, October 12, 2007
Ind. Decisions - 7th Circuit decides Illinois case on calculation of class action attorneys' fees
In Sutton v. Bernard, a 10-page opinion, Judge Williams writes:The legal claims in this multimillion dollar securities class action have been settled. The issue of attorneys’ fees for class counsel, however, has the end of the litigation, the district... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, October 12, 2007
Thursday, October 11, 2007
Ind. Decisions - "Seventh Circuit Trashes Another Attorney’s Career"
So writes Robert Loblaw of Decision of the Day in his entry about the 7th Circuit's ruling today in the Illinois case of U.S. v. Sloan.... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, October 11, 2007
Ind. Decisions - Trumping legislative prayer case, another Indiana case has been awaiting an opinion from the 7th Circuit for more than two years
Referencing the ILB entry yesterday headed "How long has it been since the 7th Circuit heard oral arguments in the legislative prayer case?", a reader writes to point out:While the legislative prayer case has been post-Oral Argument for more than... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, October 11, 2007
Wednesday, October 10, 2007
Ind. Decisions - A new twist on: How long has it been since the 7th Circuit heard oral arguments in the legislative prayer case?
On July 3rd the ILB posted an entry that began: "The 7th Circuit heard oral arguments in the case of Hindrichs v. Bosma on September 7th, 2006." Here is a long list of other ILB entries on legislative prayer. Today,... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, October 10, 2007
Friday, October 05, 2007
Ind. Decisions - Yet more on: U.S. Supreme Court hears Lake County definition of "money laundering" case
Still more on the oral arguments before the SCOTUS in the East Chicago money laundering case (for earlier ILB entries, start here), via a report today by Bill Dolan of the NWI Times:U.S. Supreme Court justices are mulling the question... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, October 05, 2007
Thursday, October 04, 2007
Ind. Decisions - Still more on: U.S. Supreme Court to hear Lake County definition of "money laundering" case
Updating this ILB entry re yesterday's oral arguments before the SCOTUS in the case of United States v. Santos. the Indianapolis Star today has a feature by Jon Murray on the Indianapolis attorney, Todd Vare of Barnes & Thornburg, who... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, October 04, 2007
Wednesday, October 03, 2007
Courts - Still more on: Outcome of Indiana cert petitions to SCOTUS
Updating this ILB entry from yesterday on the two Indiana cases that failed to be granted cert last Monday, Gilles v. Blanchard, and Mayer v. Monroe County, here are two news stories from yesterday on the cases: From the Chronicle... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, October 03, 2007
Ind. Decisions - Still more on: U.S. Supreme Court to hear Lake County definition of "money laundering" case
Updating this ILB entry from April 24th, the SCOTUS is hearing oral arguments this morning in the case of United States v. Santos. According to this entry in SCOTUS Blog:At 11 a.m., the Court is scheduled to hear argument in... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, October 03, 2007
Ind. Decisions - "Seventh Expands Terry Frisks"
Robert Loblaw of Decision of the Day Blog reports on yesterday's 7th Circuit opinion in the Illinois case of U.S. v. Barnett.... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, October 03, 2007
Tuesday, October 02, 2007
Courts - More on: Outcome of Indiana cert petitions to SCOTUS
In this ILB entry from Sept. 25, and this ILB entry from Sept. 22, background was given on three 7th Circuit opinions in Indiana cases that were on the list of cases to be considered for cert at the conference... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, October 02, 2007
Monday, October 01, 2007
Ind. Decisions - 7th Circuit decides one Indiana case today
In Hunt Construction v. Allianz Global Risks (SD Ind., Judge Tinder), a 13-page opinion by Judge Poser, the trial court is reversed. Judge Posner:Hunt, a construction company, brought this diversity suit governed by Michigan law against the Allianz insurance... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, October 01, 2007
Wednesday, September 26, 2007
Courts - Still more on: Outcome of Indiana cert petitions to SCOTUS - voter ID review gets nod
Stories today on the Indiana voter ID case: "High court takes case on voter ID in Indiana: Ruling on state law may affect elections across the U.S." reported by Rob Schneider of the Indianapolis Star. "Justices to consider voter IDs:... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, September 26, 2007
Tuesday, September 25, 2007
Courts - More on: Outcome of Indiana cert petitions to SCOTUS - voter ID review gets nod
Updating this ILB entry from earlier today, Reuters has this report this afternoon. Lyle Denniston of SCOTUS Blog has an entry titled "Analysis: An election issue for an election year," here. A quote:The Justices will be deciding on the constitutionality... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, September 25, 2007
Ind. Decisions - 7th Circuit decides Indiana case today
In USA v. Jeffrey Collins (SD Ind., Judge McKinney), a 5-page per curiam opinion, the panel of Coffey, Evans and Sykes writes:Five years after Jeffrey Collins’s plea agreement and conviction, the government asked the district court to find him... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, September 25, 2007
Saturday, September 22, 2007
Ind. Decisions - More on: 7th Circuit decision on validity of Illinois Horse Meat Act
The Chicago Tribune today has a brief item on the 7th Circuit ruling yesterday in the case of Carvel International v. MadiganILLINOIS - A federal appellate court panel on Friday upheld the constitutionality of an Illinois law that prohibits the... $MTEntryExcerpt$>Posted by Marcia Oddi on Saturday, September 22, 2007
Friday, September 21, 2007
Ind. Decisions - 7th Circuit decision on validity of Illinois Horse Meat Act
In Carvel International v. Madigan, a 15-page opinion, Judge Posner writes on a challenge to the validity of the Illinois Horse Meat Act that makes:it unlawful for any person in the state either “to slaughter a horse if that... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, September 21, 2007
Thursday, September 20, 2007
Ind. Decisions - 7th Circuit opinion today orders plaintiff-appellant's attorney to show cause why he should not be sanctioned
In Charles Price v. Wyeth Holdings (ND Ind., Judge Simon), a 15-page opinion, Judge Sykes writes:Charles Price voluntarily dismissed his Indiana state-court lawsuit against American Cyanamid Company and Lederle Laboratories in 1993. Unbeknownst to the defendants, Price then reinstated... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, September 20, 2007
Wednesday, September 19, 2007
Ind. Decisions - Yet more on: Appeal of Indiana voter ID case to U.S. Supreme Court
Richard L. Hasen, professor at Loyola Law School in Los Angeles, and editor of the Election Law Blog, has an oped today in the Washington Post on the Indiana voter ID case (Crawford v. Marion County Election Board) pending a... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, September 19, 2007
Thursday, September 13, 2007
Ind. Decisions - In Illinois case, 7th Circuit rules that church cemetary will not stand in the way of airport expansion
In St. John’s United Church of Christ v. City of Chicago, a 54-page, 2-1 opinion issued today, Judge Wood writes, inter alia:We are not persuaded by the district court’s brief dicta in Cottonwood that eminent domain is always and inevitably... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, September 13, 2007
Ind. Decisions - Continuing coverage of: "'Honk for peace' case tests limits on free speech"
The U.S. Supreme Court should be deciding shortly whether to hear the "honk for peace" case - see a list of earlier ILB entries here. Today the Orlando Sentinel has a story on the case, reported by Tamara Lytle, headed... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, September 13, 2007
Ind. Decisions - "Court upholds automated phone call ban"
Charles Wilson of the AP reports today on yesterday's 7th Circuit opinion in the case of FreeEats.com, Inc. v. State of Indiana and Steve Carter, AG (see yesterday's ILB summary here). Some quotes:A state law that bans automated phone calls... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, September 13, 2007
Wednesday, September 12, 2007
Ind. Decisions - 7th Circuit decides one Indiana case today
In FreeEats.com, Inc. v. State of Indiana and Steve Carter, AG (SD Ind., Judge McKinney), an 18-page opinion, Judge Manion writes:FreeEats.com, Inc., a provider of prerecorded telephonic messages, filed in federal district court a motion for a preliminary injunction... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, September 12, 2007
Ind Decisions - Challenge to Indiana judicial canons goes before 7th Circuit
This Friday, Sept. 14th at 9:30 am, oral arguments before the 7th Circuit in the case of Indiana Right Life v. Shepard (06-4333). Access the briefs here. For background, see this ILB entry from Nov. 14, 2006, and this one... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, September 12, 2007
Friday, September 07, 2007
Ind. Decisions - 7th Circuit issues one Indiana opinion today
In USA v. Emerson and Ingram (SD Ind., Judge Hamilton), a 19-page opinion, Judge Bauer writes:Sherman Emerson and William E. Ingram were already known to law enforcement when a confidential informant, Edwin Douglas, contacted Detective Kenneth Martinez of the... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, September 07, 2007
Friday, August 31, 2007
Ind. Decisions - Continuing coverage of the appeal of Indiana voter ID case to U.S. Supreme Court
Richard Winger's Ballot Access News reports: The U.S. Supreme Court will consider whether to hear Indiana Democratic Party v Rokita, 07-25, at its September 24 conference. This is the case challenging the Indiana law that requires voters at the polls... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, August 31, 2007
Thursday, August 30, 2007
Ind. Decisions - 7th Circuit rules in Indiana medical malpractice case
In Lasley v. Moss (SD Ind., Judge McKinney), an 8-page opinion, Judge Bauer writes:Angelica Lasley sued Dr. John A. Moss in Indiana state court for medical malpractice, claiming that Dr. Moss failed to reasonably disclose to her the available... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, August 30, 2007
Ind. Decisions - Yet more on 7th Circuit decision re identity theft
This ILB entry from Aug. 25th, and its links, point to serious shortcomings in the Indiana laws said to protect Hoosiers against identity theft. The one bright spot, the ILB wrote, is that "During this year's 2007 session, one of... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, August 30, 2007
Wednesday, August 29, 2007
Ind. Decisions - Still more on: "'Honk for peace' case tests limits on free speech"
"High court weighs Hoosier free-speech case: Ex-Bloomington teacher says school fired her for comments on Iraq war," is the headline to this story today by Fort Wayne Journal Gazette Washington editor, Sylvia A. Smith. Some quotes: WASHINGTON – The Supreme... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, August 29, 2007
Tuesday, August 28, 2007
Ind. Decisions - One from 7th Circuit today
In Campbell v. Miller (SD Ind., Judge Barker), a 16-page opinion, Judge Wood writes:James Campbell was arrested in the front yard of his friend’s house by Officer Frank Miller, an Indianapolis police officer who suspected that Campbell possessed marijuana. Miller... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, August 28, 2007
Saturday, August 25, 2007
Ind. Decisions - Still more on 7th Circuit decision re identity theft
The 7th Circuit issued an opinion Thursday in Pisciotta et al v. Old National Bancorp (see ILB entry here). Yesterday the ILB posted a story by Wired Magazine on the opinion. From the story:The plaintiffs did not allege direct financial... $MTEntryExcerpt$>Posted by Marcia Oddi on Saturday, August 25, 2007
Friday, August 24, 2007
Ind. Decisions - More on 7th Circuit decision re identity theft
Picking up the 7th Circuit opinion yesterday in Pisciotta et al v. Old National Bancorp (see ILB entry here), David Kravets writing for Wired Magazine, reports:Tens of thousands of Old National Bancorp customers whose personal and financial information was hijacked... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, August 24, 2007
Ind. Decisions - 7th Circuit decides one Indiana case today; also an EPA case out of Illinois
In Morales v. Bezy (SD Ind., Judge McKinney), a 13-page, 2-1 opinion with a dissent beginning on p. 8, Judge Posner writes the majority opinion in this appeal presenting issues concerning postconviction relief. Judge Rover's dissent begins:The court today resolves... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, August 24, 2007
Ind. Decisions - One from 7th Circuit Thursday
In Pisciotta et al v. Old National Bancorp (SD Ind., Judge McKinney), a 21-page opinion, Judge Ripple writes:Plaintiffs Luciano Pisciotta and Daniel Mills brought this action on behalf of a putative class of customers and potential customers of Old... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, August 24, 2007
Wednesday, August 22, 2007
Courts - "Close Enough for Government Work: Seventh Affirms George Ryan Conviction"
Robert Loblaw of the blog Decision of the Day has a great entry today that begins:Remember George Ryan, the disgraced former governor of Illinois? In March 2006, Ryan was convicted of RICO violations and mail fraud for steering contracts and... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, August 22, 2007
Ind. Decisions - Still more coverage of the appeal of Indiana voter ID case to U.S. Supreme Court
Updating this entry from August 10th, more briefs have been filed in the voter ID cert petition to the SCOTUS - Crawford v. Marion County Election Board. See the Election Law Blog's Rick Hasen's links to the briefs and his... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, August 22, 2007
Monday, August 20, 2007
Ind. Decisions - 7th Circuit issues one
In USA v. Morris (ND Ind., Judge Springmann), a 19-page opinion, Judge Wood writes:Denard Morris was convicted on various drug charges, for which he received a typically severe sentence of 262 months’ incarceration. His appeal centers on alleged governmental... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, August 20, 2007
Friday, August 17, 2007
Ind. Decisions - More on 7th Circuit decision re Orland's Deputy Town Marshal
The 7th Circuit's decision Wednesday in the case of Ryan Belcher and Daraina Gleason v. Vaughn Norton and Town of Orland (ND Ind. Judge Springmann) [see ILB entry here] is the subject of an AP story today:ORLAND, Ind. -- A... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, August 17, 2007
Ind. Decisions - "7th Circuit Breaks With Six Circuits Over Waiver of Appeal"
The July 31st 7th Circuit opinion in the Illinois case of Armando Nunez v. USA. is the focus of a National Law Journal article today by Pamela A. MacLean. It begins:Charting its own course on when criminal lawyers may forgo... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, August 17, 2007
Wednesday, August 15, 2007
Ind. Decisions - One today re Indiana from the 7th Circuit
In Ryan Belcher and Daraina Gleason v. Vaughn Norton and Town of Orland (ND Ind. Judge Springmann), a 27-page, 2-1 opinion, Judge Ripple writes:Ryan L. Belcher and Daraina Gleason brought this action against Deputy Marshal Vaughn Norton and the... $MTEntryExcerpt$>Posted by Marcia Oddi on Wednesday, August 15, 2007
Tuesday, August 14, 2007
Ind. Decisions - One Indiana case decided today by the 7th Circuit; plus an interesting decision out of Illinois
In Williams v. Rohm and Haas Pension Plan (SD Ind., Judge Barker), an 8-page opinion, Judge Kanne writes:Gary Williams filed suit, individually and on behalf of all others similarly situated, alleging that the Rohm and Haas Pension Plan (Plan)... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, August 14, 2007
Friday, August 10, 2007
Ind. Decisions - More coverage of the appeal of Indiana voter ID case to U.S. Supreme Court
The Fort Wayne Journal Gazette's Washington reporter, Sylvia A. Smith, who reported June 30th on the cert petitions filed in Crawford v. Marion County Election Board, reports today on the State of Indiana's response. Some quotes from today's story:WASHINGTON –... $MTEntryExcerpt$>Posted by Marcia Oddi on Friday, August 10, 2007
Thursday, August 09, 2007
Ind. Decisions - 7th Circuit "calls appeal of within-guideline sentence frivolous"
In a 7th Circuit ruling out of the ED Illinois today, USA v. Sam Gammicchia, Judge Posner begins:The defendant appeals from his 30-month prison sentence for obstruction of justice. The appeal bespeaks a misunderstanding of federal sentencing law under the... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, August 09, 2007
Ind. Decisions "Judge Posner for Seventh Circuit calls appeal of within-guideline sentence frivolous"
In a 7th Circuit ruling out of the ED Illinois today, USA v. Sam Gammicchia, Judge Posner begins:The defendant appeals from his 30-month prison sentence for obstruction of justice. The appeal bespeaks a misunderstanding of federal sentencing law under the... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, August 09, 2007
Ind. Decisions - 7th Circuit makes available two previously unpublished Indiana prisoner appeal decisions
Neither opinion is new. Both were originally released as unpublished orders, Woods v. Buss on May 3, 2007, and Lambert v. Buss on June 13, 2007. In both cases, the Court notes in a footnote: "Upon request, the panel has... $MTEntryExcerpt$>Posted by Marcia Oddi on Thursday, August 09, 2007
Tuesday, August 07, 2007
Ind. Decisions - Still more on: Appeal of Indiana voter ID case to U.S. Supreme Court
The State of Indiana has filed its response to the cert petition filed July 2nd in the Indiana voter ID case (Crawford v. Marion County Election Board). Richard Winger of Ballot Access News has made it available here. Thanks to... $MTEntryExcerpt$>Posted by Marcia Oddi on Tuesday, August 07, 2007
Monday, August 06, 2007
Ind. Decisions - 7th Circuit decides one Indiana case today
In Hendricks v. Compass Group, USA (Judge Sharp), a 7-page opinion, Judge Manion writes:Susan Hendricks filed a complaint against her former employer, Compass Group, USA, Inc. (“Compass Group”), seeking wages to which she claimed entitlement under the Family Medical... $MTEntryExcerpt$>Posted by Marcia Oddi on Monday, August 06, 2007