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Opinions Aug. 13, 2019

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
USA v. Lindani Mzembe, et al.
16-4258, 17-1060, 17-1412, 17-2268 & 17-2269
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Affirms Ivan Brazier’s 444-month sentence for conviction of kidnapping and making a ransom demand. Reverses and vacates Lindani Mzembe and Derek Fields’ 18 U.S.C. § 924(c) convictions and sentences for discharging a firearm in furtherance of a crime of violence, remanding their cases for resentencing based on later decisions issued by the U.S. Supreme Court and 7th Circuit Court of Appeals.

Justices reprimand lawyer who failed to file appeal

| Dave Stafford

A suspended Fort Wayne attorney who previously failed to timely file a client’s appeal with a federal agency, ultimately leading to the claim’s dismissal after another attorney unsuccessfully tried to remedy the timeliness issue, has been publicly reprimanded by the Indiana Supreme Court.

Opinions Aug. 12, 2019

Indiana Court of Appeals
Neurological Institute and Specialty Centers, P.C. v. Subhasree Misra, M.D. (mem. dec.)
18A-PL-3039
Civil plenary. Affirms the denial of Neurological Institute and Specialty Centers, P.C.’s motion for preliminary injunction to enforce a restrictive covenant preventing Dr. Subhasree Misra from practicing medicine independently or as an employee for an organization within five Indiana counties for two years after the expiration or termination of her employment agreement with NISC. Finds the Lake Circuit Court did not abuse its discretion in denying NISC’s motion for preliminary injunction.

Justices deny transfer to murderer, parents’ appeals

| IL Staff

Indiana Supreme Court justices unanimously denied transfer to more than 20 cases last week, including appeals from a man who is serving 70 years behind bars for murdering his girlfriend and from parents who claim medical care providers failed to properly treat their infant daughter.

Last Indiana county open for voluntary e-filing

| IL Staff

Electronic filing is available in each of Indiana’s 92 counties now that Sullivan County rolled out voluntary e-filing this month. Sullivan Circuit and Superior Courts were the last to make the e-filing transition across Indiana’s 92 counties, implementing voluntary e-filing Friday and concluding the statewide rollout in county courts.

House Judiciary sues to force McGahn to testify

| Associated Press

The House Judiciary Committee took another step toward possible impeachment proceedings, filing a lawsuit in federal court on Wednesday aimed at forcing former White House counsel Donald McGahn to testify about his interactions with President Donald Trump.

Indiana National Guard leader sued over retaliation claim

| Associated Press

A former contract worker has filed a lawsuit claiming she was retaliated against by the leader of the Indiana National Guard after she reported concerns about his affair with a subordinate. Shari McLaughlin filed the lawsuit this month in Marion Superior Court against Major General Courtney Carr, Adjutant General of the Indiana National Guard.