Holcomb appoints new Lake Superior Judge
Indiana Gov. Eric Holcomb has announced the appointment of a magistrate judge to fill a trial court vacancy in Lake County.
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AG candidate calls for ‘principled, conservative’ leadership
The first candidate to announce for the Republican nomination for Indiana attorney general in the 2020 race is touting his private sector experience and is calling for “principled, conservative leadership” in the Office of the Attorney General.
Split 4 ways, justices OK warrantless blood draw for unconscious driver
The U.S. Supreme Court has ruled in a plurality decision that law enforcement officers can generally draw blood without a warrant from an unconscious person suspected of driving drunk or while on drugs. Concurring and dissenting justices warned the court was establishing cumbersome and difficult guidance for authorities facing such situations.
Judge certifies class action in Henry County Jail overcrowding suit
Current and former inmates at the Henry County Jail will proceed as a class in a federal lawsuit broadly alleging overcrowded, unconstitutional and inhumane conditions at the facility in New Castle.
Supreme Court 5-4 ruling blocks census citizenship question
The Supreme Court of the United States is forbidding President Donald Trump’s administration from adding a citizenship question to the 2020 census for now. The court said the Trump administration’s explanation for wanting to add the question was “more of a distraction” than an explanation.
5-4 Supreme Court won’t block districts drawn for partisan gain
The U.S. Supreme Court has ruled federal courts have no role to play in policing political districts drawn for partisan gain. The decision could embolden political line-drawing for partisan gain when state lawmakers undertake the next round of redistricting after the 2020 census.
Opinions June 26, 2019
The following 7th Circuit Court of appeals opinion was posted after IL deadline Tuesday.
Donald Fessenden v. Reliance Standard Life Insurance Company and Oracle USA, Inc., Group Long Term Disability Plan
18-1346
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Vacates the Northern District Court’s summary judgment determination in favor of Reliance Standard Life Insurance Company and remands for proceedings consistent with the opinion. Holds that the “substantial compliance” exception does not apply to missed deadlines. Finds that because Reliance violated a hard‐and‐fast obligation, its late decision to deny Fessenden benefits is not entitled to deference.
IBM awarded post-judgment interest to 2017 in long-running dispute
In its second opinion issued in the years-long dispute between Indiana and IBM Corp. over the failed contract to create a new Hoosier welfare system, the Indiana Supreme Court has allowed IBM to collect post-judgment interest on its $49.5 million damages award. However, that interest will date back only to a 2017 judgment on remand, not the original judgment entered in the company’s favor in 2012, and only serves as an offset to the greater sum IBM owes the state.
Justices uphold $1.3 million judgment for crash victim
A divided Indiana Supreme Court has affirmed an award of $1.3 million to a woman suffering long-lasting injuries resulting from car wreck. The majority held that evidence of a medical expert witness’s professional license status and reasons for his professional discipline may be admissible to challenge his credibility.
Family of Indy legal startup founder sues Tesla over fatal 2016 crash
Survivors of the founder of the Indianapolis-based legal startup Case Pacer, who died after a fiery 2016 crash of a Tesla Model S, have filed a wrongful death lawsuit against the electric car maker, claiming the company built and sold a vehicle it knew was defective.
COA affirms conviction over jury lunchtime instruction challenge
If there are no intervening proceedings between the reading of preliminary instructions and a jury being excused for lunch, trial courts are not required to give admonishments required under Indiana Code Section 35-27-2-4(a) more than once, the Indiana Court of Appeals affirmed.
Black juror strike upheld despite lack of demeanor finding
A burglary conviction will stand after the Indiana Court of Appeals found race-neutral reasons to strike a black juror, though the appellate court did opine on best practices to avoid confusion in future Batson challenges.
7th Circuit reverses ruling for insurer over ‘blown deadlines’
The 7th Circuit Court of Appeals has vacated judgment for a plan administrator after concluding insurers will not receive deferential authority if they fail to meet regulatory deadlines under the Employee Retirement Income Security Act of 1974.
Lawrence retiring from Southern Indiana District Court
Senior Judge William Lawrence of the U.S. District Court for the Southern District of Indiana will retire June 30, creating a “bittersweet” moment for the federal court that was his judicial home for nearly 17 years.
Supreme Court strikes down Tennessee liquor sale residency law
The Supreme Court of the United States on Wednesday struck down a Tennessee law that makes it hard for outsiders to break into the state’s liquor sales market. The ruling also could have implications for Indiana’s liquor distribution laws.
High court declines to overrule cases on federal regulatory powers
The U.S. Supreme Court is declining to overrule two past cases that had been criticized by conservatives as giving unelected officials vast lawmaking power.
Court: Stealing official’s husband can’t gain from fraudulent land transfer
The husband of the former Owen County auditor, who was found to have purchased about $346,000 worth of personal items with county-issued credit cards, must repay the full amount of money he received from the sale of land that his wife fraudulently transferred to him.
Mueller to testify publicly before 2 House committees
Former special counsel Robert Mueller has agreed to testify publicly before Congress on July 17 after Democrats issued subpoenas to compel him to appear, the chairmen of two House committees announced.
Harassment charges over man’s calls to lawmakers, state agency upheld
A man accused of repeatedly making harassing phone calls to Indiana lawmakers’ aides and staff members at the Secretary of State’s Office must face multiple misdemeanor charges, the Indiana Court of Appeals ruled Wednesday.
Opinions June 25, 2019
7th Circuit Court of Appeals
SelectSun GmbH v. Porter, Inc., d/b/a Thunderbird Products
18-3149
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the Northern District Court’s judgement against SelectSun GmbH in its contract and warranty dispute over whether the exhaust system on a $1 million yacht manufactured by Porter, Inc. complied with particular regulatory requirements imposed by the European Union. Finds SunSelect did not meet its burden of proving damages to a reasonable certainty on either its breach of contract or warranty claims. Also finds SelectSun failed to carry its burden in demanding a return of the yacht’s entire purchase price.