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Opinions June 6, 2019

The following 7th Circuit Court opinions were posted after IL deadline Wednesday.
USA v. John Buncich
18-1216
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Criminal. Reverses former Lake County Sheriff John Buncich’s convictions for three counts of wire fraud, but affirms two counts. Finds the Northern District Court’s error in the admission of the Rule 404(b) evidence is harmless. Remands for resentencing.

Judgment for IndyCar upheld in Panther Racing suit

The Indiana Court of Appeals on Thursday affirmed that a sponsorship agreement between IndyCar and a now-defunct racing team did not prevent IndyCar from providing another team access to space in the Fan Village at races on the circuit.

Man’s conviction for harassing DCS case manager stands

A man convicted of harassing his Department of Child Services case manager to the point that she quit her job and moved to another county lost an appeal of his conviction Thursday, failing to convince the appellate court that the offense didn’t occur in Indiana.

Application period open for Lawrence Circuit Court judgeship

Attorneys who want to be the next Lawrence Circuit Court judge have about three weeks to let Indiana Gov. Eric Holcomb know. The application window for those interested as serving on the trial court bench in Bedford is open until June 28.

7th Circuit: Evidence found during unlawful drug raid still admissible

Convictions were affirmed for a man whose home was illegally searched by the Drug Enforcement Administration, which uncovered 10 pounds of methamphetamine inside. The 7th Circuit Court of Appeals found that although the DEA should have obtained a search warrant first, the evidence was still admissible.

Animal abuse alleged at northern Indiana’s Fair Oaks Farms

Retailers began pulling Fairlife products from their shelves Wednesday as police investigated alleged animal abuse after an animal rights group released graphic video showing workers kicking and throwing young calves at an Indiana dairy farm that’s a popular destination for school field trips.

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.