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7th Circuit Digest

Nov 10, 2021

FDCPA Violation

Ann Robbins defaulted on a small debt to an Indiana hospital system for services provided to her minor children.

Nov 10, 2021

First Step Act – Motion for Reconsideration

We have consolidated two appeals that present a common question: whether a motion to reconsider a decision under the First Step Act of 2018, Pub. L. 115-391, 132 Stat. 5194, suspends the decision’s finality and thus extends the time for appeal. In each case the prisoner seeking a shorter sentence filed, within the time allowed for appeal, a motion asking the district judge to reconsider an adver[...]

Nov 10, 2021

Securities Exchange Act Violation – Proxy Statement – Valuation Analysis

This securities case arose from the 2018 merger between Vectren Corporation, an Indiana public utility and energy company, and CenterPoint Energy, Inc., a public utility holding company.

Nov 7, 2021

ERISA – Arbitration

In this complex ERISA case, James Smith sued fiduciaries of the retirement plan offered by his former employer, Triad Manufacturing, Inc., for alleged financial misconduct.

Nov 7, 2021

Plain Error – Ineffective Assistance of Counsel

Christopher Harris faced federal drug charges. Counsel advised him that his two prior Indiana cocaine convictions were predicate “felony drug offenses” and could result in a mandatory life sentence.

Nov 7, 2021

4th Amendment Violation – Warrantless Search & Seizure

Industrial-supply company W.W. Grainger was the victim of a series of cyberattacks against its computer systems in 2016.

Nov 7, 2021

Sentencing Guidelines – Enhancement

Elston Stevenson possessed a firearm as a felon, and as an armed career criminal he received an enhanced sentence.

Nov 7, 2021

Appellate Jurisdiction – Qualified Immunity

Our jurisdiction over this interlocutory appeal turns on a police dashcam video that captured police officer Ryan McDonough’s arrest of Joseph Ferguson, including the moment he tased Ferguson.

Nov 7, 2021

Preliminary Injunction

The district court entered an injunction that prohibits officials from enforcing these provisions of Indiana’s law...

Nov 3, 2021

Sentence Modification

Nugene A. Jackson, pro se, appeals from an order of the circuit court that denied his motion for sentence modification.

Nov 3, 2021

Insurance Claim – Coverage

The Estate of Michael Shimeta and Terry Scherr appeal an order denying their motion for judgment on the pleadings and granting Acuity, a Mutual Insurance Co.’s motion for declaratory judgment.

Nov 2, 2021

Subject-matter Jurisdiction – Breach-of-contract

This labyrinth of appeals stems from a breach of contract claim brought by Big Shoulders Capital LLC against San Luis & Rio Grande Railroad Inc. (SLRG) and Mt. Hood Railroad Co., with federal jurisdiction ostensibly based on diversity of citizenship.

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