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7th Circuit: Retired veteran can’t sue government for distress

June 8, 2017
Olivia Covington
A retired veteran who was wrongfully deprived of incapacitation payments during his time in the reserves cannot sue the U.S. government for distress caused by that deprivation because existing caselaw prohibits servicemembers from suing the government for injuries accrued while in the military, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit affirms preliminary injunction to allow pro-marijuana rally

June 8, 2017
Olivia Covington
A pro-marijuana nonprofit organization may be able to hold a rally on the steps of the Tippecanoe County Courthouse after the 7th Circuit Court of Appeals affirmed a preliminary injunction against the county’s policy for approving courthouse events.
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Supreme Court suspends attorneys for failure to pay fees, meet CLE requirements

June 7, 2017
IL Staff
Nearly 200 attorneys licensed to practice law in Indiana have been suspended for failure to pay certain fees or meet continuing legal education requirements.
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7th Circuit: Summary judgment properly awarded to glue manufacturer

June 7, 2017
Olivia Covington
A federal judge properly awarded summary judgment to a glue manufacturer after the 7th Circuit Court of Appeals determined a man who claimed he suffered neurological issues from the glue’s fumes failed to provide expert testimony to establish causation.
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Labor secretary defends merging anti-discrimination agencies

June 7, 2017
 Associated Press
Cutting and merging two agencies that investigate workplace discrimination won't reduce the government's enforcement power, Labor Secretary Alexander Acosta said Wednesday. But Democrats pointed to what they say is President Donald Trump's broader effort to roll back decades of civil rights protections.
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COA affirms dismissal of manslaughter charges after police, prosecutorial misconduct

June 7, 2017
Olivia Covington
A northern Indiana man charged in connection with the shooting death of his wife will not be tried after a divided Indiana Court of Appeals ruled Wednesday that actions by state officials intentionally meant to hurt the man’s defense would make it impossible for the man to receive a fair trial.
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New Trump FBI pick represented Christie in Bridgegate case

June 7, 2017
 Associated Press
Christopher Wray, a white-collar defense lawyer with a strong law enforcement background who represented New Jersey Gov. Chris Christie in the Bridgegate scandal, was announced Wednesday as President Donald Trump's pick to head the FBI.
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Subpoena scuffle puts American Senior Communities fraud case on contentious course

June 7, 2017
Greg Andrews, Indianapolis Business Journal
You knew the fraud case against former American Senior Communities CEO James Burkhart was going to be a battle royal once Burkhart enlisted the indefatigable defense attorney Larry Mackey, who won acclaim for prosecuting the Oklahoma City bombing suspects two decades ago.
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Lake County sheriff granted summary judgment in deputy sexual assault case

June 7, 2017
Olivia Covington
A northern Indiana sheriff has been cleared of liability relating to an alleged sexual assault of a Lake County resident by a sheriff’s deputy after a magistrate judge concluded the alleged victim failed to present evidence that the sheriff had a duty to her.
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New high court challenge to labor unions follows 4-4 split

June 6, 2017
 Associated Press
Conservative groups are wasting little time in trying to deal a crippling blow to labor unions now that Justice Neil Gorsuch has joined the U.S. Supreme Court.
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‘Sunrise CLEs’ discuss changing gender markers, avoiding copyright infringement

June 6, 2017
Olivia Covington
Though the majority of the Indiana State Bar Association’s Solo and Small Firm Conference was filled with experts in various legal fields sharing their in-depth knowledge, conference attendees also had the opportunity to learn a little bit Saturday morning during the conference’s shorter “Sunrise CLE” sessions.
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Retired Indianapolis attorney dies

June 6, 2017
IL Staff
Longtime Indianapolis attorney Talmage Hager “T.H.” St. Clair has died at the age of 83, his family announced.
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Suit alleges Allen County sheriff denied vote to those in jail

June 6, 2017
Dave Stafford
Lawyers for inmates of the Allen County Jail and for the sheriff conferred in federal court Tuesday as a lawsuit proceeds alleging detainees were denied their right to vote.
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Chief deputy prosecutor tapped for Henry County bench

June 6, 2017
IL Staff
David Lynn McCord, a chief deputy prosecutor, has been appointed as judge of Henry Circuit Court 3, Gov. Eric Holcomb’s office announced Tuesday.
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Evansville newspaper can’t claim tax deduction for out-of-date printing press

June 6, 2017
Olivia Covington
A southern Indiana newspaper company cannot claim an “abnormal obsolescence” tax deduction for its purchase of a now-outdated printing press after a special tax court judge found the media company did not establish a prima facie case.
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US contractor arrested after leak of Russia hacking report

June 6, 2017
 Associated Press
A federal contractor has been arrested following the leak of a classified intelligence report that suggests Russian hackers attacked at least one U.S. voting software supplier days before last year's presidential election.
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More women being hired as general counsel

June 5, 2017
IL Staff
A new report is hailing the increase in the number of women hired for general counsel jobs in Fortune 500 companies, a trend which is expected to continue.
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Judge won’t bifurcate ‘Texas’ steakhouses’ trademark trial

June 5, 2017
Dave Stafford
A federal judge refused to order separate trials on liability and damages for a Merrillville-based steakhouse chain accused of copying the trade dress and trademarks of a larger Texas-themed competitor.
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Man's 9-year sentence for possessing a gun upheld by 7th Circuit

June 5, 2017
Olivia Covington
An Indiana’s man sentence for possession of a firearm by a violent felon will stand after the 7th Circuit Court of Appeals held Monday the federal and state definitions of “battery” and “force” work together to convict him of violent felonies.
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Judgment against ex-state lawyer vacated in long-running puppy mill case

June 5, 2017
Olivia Covington
A former attorney in the Indiana Attorney General’s Office has been relieved of a $15,000 judgment against him for his role in the raid of an alleged puppy mill, the most recent decision in a long-running case stemming from the state’s seizure of roughly 240 dogs.
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High court limits seizure of assets from drug conspiracies

June 5, 2017
 Associated Press
The Supreme Court of the United States is limiting the government's ability to seize assets from people who are convicted of drug crimes but receive little of the illegal proceeds.
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SCOTUS will review police use of cellphone tower data

June 5, 2017
 Associated Press
In a new case about digital age technology and privacy, the U.S. Supreme Court will consider whether police need warrants to review cellphone towers records that help them track the location of criminal suspects.
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Justices limit recovery in securities fraud cases

June 5, 2017
 Associated Press
The Supreme Court of the United States on Monday made it tougher for the government to recover ill-gotten gains from people convicted of securities fraud, ruling that such recoveries are subject to a five-year statute of limitations.
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Justices side with religious hospitals in pension dispute

June 5, 2017
 Associated Press
Religious hospitals don't have to comply with federal laws protecting pension plans, a unanimous U.S. Supreme Court ruled Monday in a case that affects retirement benefits for roughly a million workers nationwide.
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Trump assails Justice Department court strategy on travel ban

June 5, 2017
 Associated Press
President Donald Trump lashed out at his own Justice Department Monday for seeking the Supreme Court's backing for a "watered down, politically correct version" of the travel ban he signed in March instead of a broader directive that was also blocked by the courts.
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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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