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The US Supreme Court is reviewing a lower court ruling that seemingly expands the Clean Water Act. Under the 9th Circuit’s decision, any pollutant found in navigable water that is “fairly traceable” to a permittable discharge source is subject to permitting requirements, even if the source of the pollutant does not discharge directly into a navigable water.
The US Supreme Court decision in a landmark Indiana civil forfeiture case ruled that the Eighth Amendment Excessive Fines Clause is incorporated to the states, but Justice Ruth Bader Ginsburg’s opinion declined to answer one key question: When does the Eighth Amendment prohibit civil forfeiture?
A ruling from the 7th Circuit Court of Appeals about smart meters inspired contradictory reactions as the appellate panel held that data collected through the devices by a public utility is protected by the Fourth Amendment, but then, in the next breath, found the search by the Naperville, Illinois, power company was reasonable.
A bill that passed through the Indiana House 82-14 and is now in the Senate would protect families from predatory land contracts. Provisions would require buyers be told the value of the property and how much they will ultimately pay for it if they complete the terms of the agreement, among other protections.
Indiana Court of Appeals
FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC v. Meritain Health, Inc., et al.
18A-PL-1349
Civil plenary. Affirms the St. Joseph Superior Court’s award of summary judgement in favor of Meritain Health, Inc., Beacon Health System, Inc., Beacon Health System Group Benefit Plan, Beacon Health System Group Benefit Plan – Union Plan, University of Notre Dame Du Lac, University of Notre Dame CHA HMO Plan (Medical), University of Notre Dame Select HMO Plan (Medical), and University of Notre Dame PPO Plan (Medical). Finds breach of contract and promissory estoppel claims presented by FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC, are pre-empted under the Employee Retirement Income Security Act. Concludes summary judgment was properly awarded to the Beacon Health and Notre Dame plans.
A registered sex offender previously able to attend his son’s school activities per a trial court-granted request was denied that exception Monday when the Indiana Court of Appeals determined an amended statute barred him from entering school property.
A lawsuit quietly wending its way through a Marion County court zings former HHGregg CEO Bob Riesbeck and three other insiders of the failed chain, alleging they allowed it to continue accepting customers’ deposits on merchandise long after its tailspin cast doubt on whether it had the financial wherewithal or inventory to fulfill the orders.
Indiana’s High School Mock Trial program is sending out a call for volunteer judges during its state finals competition this weekend.
A medical facility that provided regular, life-sustaining dialysis treatments lost its appeal seeking to recover more than $1.5 million from its patients’ benefit plans when the Indiana Court of Appeals found the facility’s claims were pre-empted by the Employee Retirement Income Security Act.
Notre Dame Law School professor emeritus Thomas Shaffer, who served as dean from 1971 to 1975 and was one of the country’s most prolific legal authors, died Feb. 26 after a long illness. He was 84.
The Indiana Court of Appeals will travel north this week to hear oral arguments in two cases involving narcotics and murder.
Wayne circuit and superior courts have instituted electronic filing, joining most Indiana’s 92 counties who have already implemented the change.
Authorities are searching for a southern Indiana jail inmate who has escaped from custody. Law enforcement officials say Jennings County Jail inmate Kimlynn Patton escaped Friday in the area of the Jennings County Courthouse in Vernon.
An Indiana bill that would change the state’s redistricting rules doesn’t do enough to end gerrymandering, critics say. The bill sponsored by Republican Sen. Greg Walker of Columbus would allow lawmakers to continue drawing the state’s legislative and congressional district maps for the foreseeable future.
A prosecutor says a teenage boy will be charged with murder in connection with the disappearance of two northwestern Indiana teenagers. Porter County Prosecutor Gary Germann said Sunday the 17-year-old boy is expected to be charged Monday with two counts of murder related to the disappearance of eighteen-year-old Thomas M. Grill, Jr. and 19-year-old Molley R. Lanham.
A central Indiana county has started sending text messages to criminal defendants to remind them about their upcoming court hearings. Howard County authorities hope the texting service that began in February can hold down the county jail’s population and reduce the resources law enforcement must devote to tracking down people who miss court appearances.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
David Jones v. Dushan Zatecky
17-2606
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Vacates the district court’s denial of David Jones’ petition for writ of habeus corpus. Finds Jones is entitled to the issuance of a writ of habeas corpus under 28 U.S.C. § 2254, based on his attorney’s failure to object to an untimely amendment to his conviction for criminal confinement. Remands with instructions to issue the writ within 120 days with respect the criminal confinement conviction and to make any necessary adjustments to Jones’ sentence on the two unchallenged counts of conviction. Circuit Judge Manion dissents in a separate opinion.
The 7th Circuit Court of Appeals granted a man’s habeas corpus petition — and offered harsh comments for Indiana defense attorneys — after finding ineffective assistance of counsel for a man whose attorney blatantly disregarded an opportunity to object to amended charges filed late.
A man whose driver’s license was suspended after crashing into a home will still receive coverage now that the Indiana Court of Appeals determined his insurer’s policy did not specifically say he could be denied coverage under its entitlement exclusion.
A mother filing for child support couldn’t convince the Indiana Court of Appeals that the obligated amount her child’s father owes should be in addition to Social Security retirement benefits that he already gives the child.