District Courts

‘Disputed facts’ prevent federal judge from overturning contested abortion restrictions

December 4, 2014
Marilyn Odendahl
Conflicting opinions from medical experts has stopped a federal judge from issuing a final summary judgment in a challenge to the Indiana statute that requires non-surgical abortion clinics to have the same equipment and adhere to the same requirements as a surgical facility.
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Conour appeal focuses on defense withdrawal, sentencing terms

December 3, 2014
Dave Stafford
Convicted fraudster and ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge argues the court failed to investigate his defense counsel’s withdrawal. His appeal also claims that the court wrongly imposed “suspicionless” searches and other conditions of supervised release following his imprisonment.
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Federal court rules amendments take effect

December 2, 2014
IL Staff
Federal Rules of Practice and Procedure amendments took effect Monday governing the appellate, civil, bankruptcy and evidence rules.
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Southern District amends filing under seal, pro se notice rules

December 1, 2014
IL Staff
Federal court rules for the Southern District of Indiana pertaining to filing documents under seal and providing notice to pro se litigants will be amended effective Jan. 1, 2015, Clerk Laura Briggs announced.
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Federal judge approves settlement in Marion County campaign literature case

November 19, 2014
Jennifer Nelson
A federal judge on Monday approved a settlement between the Marion County Election Board and the unslated candidate from whom it confiscated campaign materials in 2012.
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Same-sex couple gets divorce in Indiana

November 10, 2014
Marilyn Odendahl
Indiana residents Linda Bruner and Lori Roberts made history Nov. 10 by becoming the first same-sex couple in the state to legally divorce.
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Judge rejects bid for injunction in Indianapolis judicial elections

November 3, 2014
Dave Stafford
A federal judge last week denied a request from Democratic candidates who sued to be placed on Tuesday’s general election ballot for Marion Superior judge.
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Southern District opens comment period on proposed rule changes

November 3, 2014
IL Staff
The federal court for the Southern District of Indiana will accept comments through the end of November on proposed rule changes pertaining to filing under seal and non-electronic filing.
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Southern District accepting applications for new part-time magistrate

October 30, 2014
IL Staff
A part-time magistrate position has become available in the New Albany location of the U.S. District Court for the Southern District of Indiana, thanks to authorization from the Judicial Conference of the United States.
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Bankruptcy cases filed at lowest number since 2007

October 29, 2014
Jennifer Nelson
The total number of bankruptcy cases filed in federal courts for the fiscal year 2014 dropped 13 percent as compared with FY 2013, the Administrative Office of the U.S. Courts announced Wednesday. This is the lowest number of bankruptcy filings for any 12-month period since 2007.
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Acquitted ex-Ind. trooper sues police, prosecutors

October 27, 2014
 Associated Press
A former Indiana State Police trooper acquitted in the slayings of his wife and two children has sued prosecutors, investigators and others for false imprisonment and other counts.
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Judge questions $75M NCAA concussion settlement

October 23, 2014
 Associated Press
A federal judge overseeing a first-of-its-kind head injury settlement with the NCAA expressed concerns Thursday about some terms and the scope of the $75 million deal that encompasses all athletes going back decades.
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Democrats push to be on Marion County judge ballot

October 23, 2014
Dave Stafford
Marion County Superior judge elections ruled unconstitutional this month should not proceed Nov. 4 as the current ballot is drawn, according to court pleadings from candidates who were left out of the general election.
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Judge must face federal lawsuit over drug court detentions

October 21, 2014
Dave Stafford
Clark Circuit Judge Jerome Jacobi must face a federal lawsuit from drug court participants who allege they were improperly detained or unlawfully arrested as participants in the problem-solving court he oversaw.
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Brother of former NFL player enters plea agreement

October 20, 2014
 Associated Press
The brother of a former NFL player has agreed under a deal with federal prosecutors to plead guilty to two counts of a 44-count indictment against him and receive a 14-year prison sentence.
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Amended bankruptcy rules take effect Oct. 27

October 13, 2014
IL Staff
The United States Bankruptcy Court for the Southern District of Indiana has amended its local rules. The amendments, which take effect Oct. 27, include new rules and changes to existing rules.
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Assistant US attorney chosen as federal magistrate

October 13, 2014
IL Staff
An assistant U.S. attorney in Hammond has been tapped as the newest magistrate judge for the Fort Wayne Division of U.S. District Court for the Northern District of Indiana.
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Judge finds Marion County judicial election system unconstitutional

October 9, 2014
Jennifer Nelson
A federal judge in Indianapolis has ruled that the statute outlining how Marion Superior judges are elected is unconstitutional. Because a stay has been issued, the ruling will not impact next month’s election.
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Humvee maker wins $27.9M judgment against supplier

October 8, 2014
Dave Stafford
A supplier of armored doors for Humvees made for the military overcharged the manufacturer, a federal judge ruled Monday, awarding South Bend-based AM General LLC a $27.9 million judgment.
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7th Circuit rules against insurer in jurisdiction dispute

October 7, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a federal court judgment in favor of an insurer after the insurer’s motion to intervene in a state court lawsuit on the same matter was denied. The federal court incorrectly determined the state court did not have jurisdiction over an injured worker’s lawsuit.
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Federal prosecutors charge 22 in alleged drug ring

October 2, 2014
 Associated Press
Federal authorities said Wednesday they disrupted a major drug trafficking network stretching from Mexico to six U.S. states, and investigators partially credited a Chicago-based task force that focuses on the nexus between Mexican cartels and street gangs.
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U.S. judge blocks Obamacare tax rule for non-exchange states

October 1, 2014
 Bloomberg News
An Oklahoma federal judge dealt a blow to President Barack Obama’s health care law, invalidating IRS rules aimed at making policies affordable for consumers around the country.
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Judge tosses suit over IU student's disappearance

October 1, 2014
 Associated Press
A federal judge has thrown out the lawsuit filed by the parents of an Indiana University student last seen more than three years ago against two men who were with her the night she vanished.
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Bankruptcy Court to hold ceremony for retiring judge

September 24, 2014
Jennifer Nelson
The United States Bankruptcy Court for the Southern District of Indiana is hosting a private retirement ceremony Thursday in honor of Judge James K. Coachys, who is retiring Sept. 30.
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Angie's List to pay $2.8M in membership-fee settlement

September 23, 2014
Mason King
Indianapolis-based Angie's List Inc. will pay $2.8 million to settle a lawsuit alleging that it automatically renewed members at a higher rate than they were led to believe.
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  1. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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