Courts

Supreme Court Justice Ginsburg to speak at Notre Dame

September 12, 2016
 Associated Press
U.S. Supreme Court Justice Ruth Bader Ginsburg is set to take part in a discussion of law with a federal appeals court judge tonight at the University of Notre Dame in South Bend.
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Veteran VW engineer is first charged in US emissions probe

September 9, 2016
 Bloomberg News
A veteran Volkswagen AG engineer pleaded guilty to conspiring to defraud U.S. regulators and customers, the first criminal charge in the Justice Department’s yearlong investigation into the company’s rigging of federal air-pollution tests.
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For the first time, Bill Cosby's lawyers claim racism

September 9, 2016
 Associated Press
Lawyers for the 79-year-old comedian Bill Cosby have suggested for the first time that racial bias is to blame as Cosby faces the prospect of 13 women testifying in court that he drugged and molested them.
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SCOTUS' inaction leaves in place Michigan straight-party voting ban

September 9, 2016
 Associated Press
The U.S. Supreme Court on Friday declined to let Michigan's new ban on straight-party voting take effect for the November election, rejecting state officials' request to halt lower court rulings that blocked the Republican-sponsored law.
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Court of Appeals upholds denial of request to set aside 1997 divorce decree

September 9, 2016
Olivia Covington
The denial of a woman’s request to set aside her divorce decree nearly 20 years after the end of her marriage because of fraud on the part of her ex-husband has been upheld by the Indiana Court of Appeals.
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COA affirms felony battery conviction; no evidentiary dispute of substantial pain

September 9, 2016
Olivia Covington
The Indiana Court of Appeals upheld a felony battery conviction on Friday despite the defendant’s claim that he should have only been charged with a misdemeanor.
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Appellate judges, attorneys to visit Hoosier classrooms to celebrate Constitution Day

September 9, 2016
Olivia Covington
Judges and attorneys from across Indiana are heading into schools this month to celebrate the 229th anniversary of the signing of the United States Constitution with Hoosier students.
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On rehearing, appeals court reins in DCS on CHINS custody change

September 8, 2016
Dave Stafford
The Department of Child Services lost on rehearing its argument that a custody modification ordered in a child in need of services case survives the CHINS proceeding.
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COA: third-party perpetrator evidence not relevant

September 8, 2016
Marilyn Odendahl
A man sentenced to 40 years for murder failed to convince the Indiana Court of Appeals he was unable to adequately defend himself at trial because he was prohibited from pointing an accusatory finger at the victim’s brother-in-law.
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Circumstantial evidence supports murder conviction

September 8, 2016
Marilyn Odendahl
Despite not having a direct link showing Donald Burns intended to kill his 74-year-old grandmother, the Indiana Court of Appeals found the amount of circumstantial evidence was enough to support his murder conviction.
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Appeals court orders physical custody of child back to father

September 8, 2016
Olivia Covington
A mother has lost primary physical custody of her daughter after the Indiana Court of Appeals decided on Thursday to reverse and remand a decision that would have taken the daughter out of the custody of her father and instead place her in the primary custody of her mother.
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Bad-faith deal after bar assault clears insurer

September 8, 2016
Dave Stafford
Trial court rulings in favor of an insurer finding it had no duty to pay the victim of a punch in the jaw at a New Castle bar were affirmed Thursday. The Indiana Court of Appeals ruled a consent judgment between the tavern, the victim, and the man convicted of the crime was executed in bad faith.
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COA finds notice on out-of-state parties sufficient to affirm

September 8, 2016
Dave Stafford
Lawyers for a man injured in a crash involving a tractor-trailer sufficiently served the truck driver and the transport company, the Indiana Court of Appeals ruled Thursday in affirming a default judgment in favor of the injured driver.
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Tax Court stands by lower assessment basis for big-box store

September 8, 2016
Dave Stafford
Indiana Tax Court rejected a county assessor’s appeal of the slashed assessed valuation of a department store, forcefully affirming that large retailers may base their assessments on the sale prices of similar vacant or “dark” retail store properties.
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Builder’s statute of limitations defense prevails in COA

September 8, 2016
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of construction supplier on its breach of contract claim against a builder to which it provided a line of credit. The appellate court agreed with the defendants' claims that the lawsuit was time-barred.
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COA reverses resisting law enforcement convictions based on video evidence

September 8, 2016
Olivia Covington
The Indiana Court of Appeals has overturned convictions of mistreatment of a law enforcement animal and resisting law enforcement after finding that law enforcement officers’ testimony in the case was in direct contrast to video evidence.
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Biden, Supreme Court nominee on Hill to pressure GOP

September 8, 2016
 Associated Press
Judge Merrick Garland found himself back on Capitol Hill on Thursday in a familiar place — meeting with a Democratic senator who complained about Republicans' inaction on President Barack Obama's Supreme Court nominee.
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Uber gains leverage against drivers with ruling on arbitration

September 7, 2016
 Bloomberg News
Uber Technologies Inc.’s arbitration agreements were largely ruled by an appeals court to be valid and enforceable in a decision that undercuts drivers’ efforts to secure the benefits and protections of employees.
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House to vote on Sept. 11 lawsuit bill opposed by Saudi Arabia

September 7, 2016
 Bloomberg News
The U.S. House of Representatives plans to vote this week on Senate-passed legislation that would allow families of the Sept. 11 victims to sue Saudi Arabia for liability in the attacks.
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Man whose truck dragged dog 5 miles to death out of jail

September 7, 2016
 Associated Press
An Evansville man convicted of threatening a woman who stopped his truck after it had dragged a dog more than 5 miles to its death is free after already serving his sentence.
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Committee to weigh new courts, changes for existing courts

September 7, 2016
IL Staff
The next meeting of the General Assembly’s Interim Study Committee on Courts and the Judiciary will consider requests for new courts and changes to existing courts when it meets Sept. 22.
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ITT Educational employees file lawsuit over sudden terminations

September 7, 2016
IBJ Staff
Two employees who were terminated Tuesday as part of mass layoff by ITT Educational Services Inc. have filed a lawsuit claiming the Carmel-based firm violated federal law by failing to provide 60-days notice.
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Fired Elkhart city attorney files federal suit against mayor

September 7, 2016
Dave Stafford
A female Elkhart city attorney who claims the newly elected mayor fired her because he “wanted my own guy” has filed a federal lawsuit alleging her First Amendment rights were violated. She also claims age discrimination and violation of the Equal Pay Act.
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Bail reforms encourage risk assessments in pretrial release decisions

September 7, 2016
IL Staff
As part of an effort to reform the state’s bail system and reduce recidivism rates, the Indiana Supreme Court has adopted a new criminal rule to encourage the prompt release of arrestees who do not pose a significant threat to public safety.
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Man pleads guilty in slayings of southern Indiana couple

September 7, 2016
 Associated Press
One of two men charged in the brutal 2013 slayings of a rural southern Indiana couple pleaded guilty to two murder charges Tuesday and was sentenced to life in prison without parole.
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