Legal News

7th Circuit rejects government’s position of inmate self-defense

August 31, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals declined to hold, as the district court did, that an inmate can only use force in self-defense against a correctional officer if the inmate faces death or serious bodily harm.
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FSSA employees face individual claims for day care registration revocation

August 31, 2016
Jennifer Nelson
Two employees of the Indiana Family and Social Services Administration will face individual-capacity claims brought by a religious day care whose registration was revoked without providing for some type of hearing, the 7th Circuit Court of Appeals held Tuesday.
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Man entitled to serve sentence in jail, not DOC

August 31, 2016
Jennifer Nelson
The Indiana Court of Appeals ordered a trial court to resentence a man under the statute in place when he was sentenced, even though he committed the crime before the date noted in the statute. As a result, he is entitled to serve his Level 6 felony in jail instead of the Department of Correction.
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COA reverses woman’s fine for defying no-animals order

August 31, 2016
Jennifer Nelson
Finding the $1,000 fine imposed for indirect contempt of court after a woman continued to have animals at her home after ordered by a court not to do so was punitive in nature and impermissible, the Indiana Court of Appeals reversed Wednesday.
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Justice Ginsburg to visit Notre Dame next month

August 30, 2016
IL Staff
United States Supreme Court Justice Ruth Bader Ginsburg is coming to the Notre Dame Law School next month, where she will talk with law students and speak at a public event.
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Judge: Lawyer must pay $22k in Indy skyline photo suit

August 30, 2016
Dave Stafford
A McCordsville lawyer and photographer who wrongly sued a man he claimed violated his copyright by posting a photo of the Indianapolis skyline on a website must pay more than $22,000 in legal fees, a federal judge has ruled.
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School asks high court to hear transgender bathroom case

August 30, 2016
 Associated Press
A Virginia school board urged the U.S. Supreme Court on Monday to weigh in on whether a transgender male must be allowed to use the boys bathroom at his high school, framing it as an issue of national importance.
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Man’s ineffective assistance of counsel claim fails in 7th Circuit

August 30, 2016
Jennifer Nelson
The habeas corpus petition by a prisoner at the Miami Correctional Facility was correctly denied in federal court, the 7th Circuit Court of Appeals held Monday. The man argued his appellate counsel provided ineffective assistance of counsel regarding his habitual offender adjudication.
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Amended Indiana Trial Rule 77 starts Thursday

August 30, 2016
IL Staff
Indiana Rules of Trial Procedure Rule 77 on court records has been amended to reflect updates in technology at the courts.
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IU Maurer, US Army team up on scholarship program

August 30, 2016
IL Staff
In what is believed to be the first partnership between the United States Army and a major law school, Indiana University Maurer School of Law announced Tuesday qualifying soldiers can receive a scholarship to attend the law school.
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Company barred from mentioning standard in negligence case

August 29, 2016
Jennifer Nelson
A company being sued for negligent design by a man who fell out of its utility truck bucket and became paralyzed may not mention a specific design standard at a new trial on the issue, the Indiana Court of Appeals ruled Monday.
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Death row inmate’s habeas petition denied by 7th Circuit

August 29, 2016
Jennifer Nelson
The man who brutally raped and murdered a teenager in Spencer County in 2001 will continue to sit on death row after the 7th Circuit Court of Appeals affirmed the denial of his petition for habeas corpus relief.
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Man’s sentence for body armor possession upheld

August 29, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the sentence for a convicted felon who was found wearing body armor after police pulled him over for traffic violations and fleeing officers.
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Ex-hospital security guard loses race discrimination appeal

August 29, 2016
Jennifer Nelson
A security guard at a Noblesville hospital was unable to prove to the 7th Circuit Court of Appeals his termination after slapping an autistic patient was based on his race.
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Spitting satisfies ‘fighting’ element of disorderly conduct statute

August 29, 2016
Jennifer Nelson
The Indiana Supreme Court Monday found that the term “fighting” in the disorderly conduct statute is ambiguous and only covers physical altercations, but still upheld a man’s conviction based on his spitting on his wife during an argument.
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Breach of contract suit to get new venue

August 29, 2016
Jennifer Nelson
A trial court should have granted the city of Lawrenceburg’s request to move a breach of contract lawsuit against it filed by Franklin County out of Franklin County, the Indiana Court of Appeals ruled Monday.
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60 teachers to get Supreme Court education

August 26, 2016
IL Staff
Sixty teachers from schools in 35 Indiana counties will take part next week in a court education and history program sponsored by the Indiana Supreme Court and the Indiana Historical Society. Judges and lawyers nominated the educators earlier this year.
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Woman’s outburst politically ambiguous; disorderly conduct conviction stands

August 26, 2016
Jennifer Nelson
The Indiana Court of Appeals upheld a Michigan City woman’s disorderly conduct conviction after finding the focus of her speech was politically ambiguous and the state acted rationally in impairing her speech while trying to serve an arrest warrant.
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Alere sues Abbott to force completion of $5.8B deal

August 26, 2016
 Bloomberg News
Alere Inc. sued Abbott Laboratories claiming the medical-device maker failed to get U.S. antitrust clearance for their $5.8 billion merger agreement, potentially scuttling the controversial deal.
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GM wins ignition-switch trial, but legal woes aren’t over

August 26, 2016
 Bloomberg News
General Motors Co.’s victory in a Houston courtroom Thursday makes the carmaker three for three in trials related to an ignition-switch defect, but its legal entanglements may stretch on for years.
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7th Circuit asked to rehear Title VII sexual orientation case

August 26, 2016
Marilyn Odendahl
The former math instructor at Ivy Tech Community College in South Bend who claims that the school violated her Title VII rights by repeatedly denying her promotions and eventually terminating her employment because she is a lesbian has petitioned the 7th Circuit Court of Appeals for rehearing.
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Monarch affiliate gets big win in effort to sell liquor

August 26, 2016
Hayleigh Colombo, IBJ Staff
A Marion County Superior Court judge has ruled in favor of a Monarch Beverage Co. affiliate called Spirited Sales LLC in its quest to gain a permit to wholesale liquor, a win in Monarch’s years-long effort to enter the spirits business.
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Prosecutor: Fort Wayne officer's shooting of teen justified

August 26, 2016
 Associated Press
A prosecutor says a Fort Wayne police officer was acting in self-defense when he shot a teenager in the back.
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Doctor’s profit sharing plan not recoverable by slain wife’s estate

August 25, 2016
Jennifer Nelson
The estate of a woman whose husband shot and killed her and himself just hours after they married is not entitled to any funds from the husband’s profit sharing plan based on Indiana probate law, the Indiana Court of Appeals concluded Thursday.
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Trust beneficiary’s complaint reinstated by COA

August 25, 2016
Jennifer Nelson
The lawsuit filed by a man who claimed the trustee of the irrevocable trust in which he is the beneficiary mismanaged assets will move forward after the Indiana Court of Appeals reversed dismissal of the suit.
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