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IPAC chief Powell stepping down in October; successor chosen

A new leader has been selected to head the Indiana Prosecuting Attorneys Council as longtime executive director David Powell announced his retirement from the role Thursday. Powell has been a leading Statehouse voice advocating on criminal law matters for nearly a decade.

7/22 – Representing Hoosier Employers Before the EEOC (Evansville)

Video Replay Date: Monday, July 22, 2019 Time (local time): 9:00 a.m. Credit hours: 3 CLE Location: Evansville Bar Association, 915 Main St, Suite 108, Evansville 47708 Provider: ICLEF – Indiana Continuing Legal Education Forum Contact Information: ICLEF Phone: (317) 637-9102 www.iclef.org

Opinions June 5, 2019

The following opinions were posted after IL deadline Tuesday
7th Circuit Court of Appeals
Paula Casillas v. Madison Avenue Associates, Inc
17-3162
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the Southern District Court’s dismissal of Paula Casillas’ proposed class action alleging that Madison Avenue Associates, Inc. violated the Fair Debt Collection Practices Act by failing to inform Casillas that she must communicate in writing to trigger the statutory protections for verifying a debt. Finds that because Madison’s violation of the statute did not harm Casillas, no injury exists for a federal court to redress. Chief Judge Diane Wood and Circuit Judges Ilana Rovner and David Hamilton dissent from the denial of en banc rehearing of the ruling that creates a circuit split in conflict with a 6th Circuit ruling.

Unruly defendant rightly tossed from court, COA rules

A Montgomery County man thrown out of his own trial for disruptive conduct has failed to convince the Indiana Court of Appeals that he was wrongly denied his right to be present. But the appellate panel did vacate one of the man’s convictions on double jeopardy grounds.

7th Circuit debt collection ruling creates split among circuits

A woman who wasn’t informed she needed to respond to a debt collection letter in writing lost at the 7th Circuit Court of Appeals, whose ruling that the collection agency simply made a mistake that didn’t cause her any injury created a split among circuit courts. Three judges authored a published dissent from a subsequent denial of rehearing en banc. 

COA: Trial court must make special immigrant juvenile findings

A man born in Honduras was granted his request for special immigrant juvenile status after the Indiana Court of Appeals concluded a trial court does have the authority and duty to make requisite findings in accordance with federal law.

Indiana Supreme Court blocks disputed Brownsburg annexation

Brownsburg has lost its final bid to annex nearly 4,500 acres of land after fighting residents who objected all the way to the Indiana Supreme Court. Justices ruled the town “did not satisfy its burden of proving it had met the statutory requirements for annexing the disputed territory.” 

Justices: Trucking contract jurisdiction dispute may yield new rules

The Indiana Supreme Court affirmed the dismissal of a Hoosier trucking company’s amended complaint regarding a clause in a driver’s contract, although it found error with the dismissal’s basis on lack of personal jurisdiction. Justices also said this case will prompt consideration of rules so litigants can move to enforce contractual forum-selection clauses.

9th Circuit weighs if climate change violates children’s rights

In a Portland, Oregon, courtroom packed with environmental activists, federal judges wrestled Tuesday with whether climate change violates the constitutional rights of young people who have sued the U.S. government over the use of fossil fuels.

Opinions June 4, 2019

The following opinions were posted after IL deadline Monday.
7th Circuit Court of Appeals
Common Cause Indiana et al. v. Marion County Election Board
18-2735
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Vacates the consent decree that expanded the number of in-person early voting sites in Marion County. Finds both sides sought the same relief, a vacatur of the consent decree, after a shift in the county’s voting scheme replaced the precinct-based structure with a voting center plan. Remands to the district court with instructions to dismiss the case.  

White House tells 2 ex-aides to defy congressional subpoena

The White House is again directing former employees not to cooperate with a congressional investigation, this time instructing former aides Hope Hicks and Annie Donaldson to defy subpoenas and refuse to provide documents to the House Judiciary Committee.

AG Hill’s bid to block Marion County early voting plan fizzles

The heated dispute ignited by Indiana Attorney General Curtis Hill’s effort to block Marion County’s early voting plan ended with a whimper at the 7th Circuit Court of Appeals Monday after both sides acknowledged a change in the voting method nixed the need for a ruling from the federal appellate bench.

CLE, fee violations lead to suspension of 144 attorneys

Nearly 145 attorneys have been suspended from the practice of law in Indiana, including national and international practitioners, after they failed to either pay annual fees and/or comply with continuing legal education requirements or both.