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Opinions August 2, 2024
7th Circuit Court of Appeals
Geft Outdoor, LLC v. City of Evansville, Indiana
Civil. Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge James Sweeney. Affirms the district court’s dismissal of Geft Outdoor’s complaint against the City of Evansville that challenged the way the city’s ordinance handles permits and allows exceptions to (variances from) the height, spacing, and placement rules for off-premises signs. Finds that by focusing on its quest for a variance, GEFT disqualified itself from making a facial challenge. Also finds GEFT’s problem is not the lack of standing but the fact that it waged a facial challenge when it should have tried an as-applied challenge. Finally, finds the district court’s judgment is modified to make clear that GEFT loses on the merits rather than for lack of standing.
Indiana adopts NextGen bar exam, will begin in July 2028
The National Conference of Bar Examiners announced Thursday Indiana will begin using the NextGen bar exam in July 2028.
Indiana AG, Comptroller want proof of no funds supporting IU’s Kinsey Institute
Indiana Attorney General Todd Rokita and State Comptroller Elise Nieshalla want Indiana University to show “proof of compliance” with a 2023 state budget law that stripped state funding from the university’s Kinsey Institute for Research in Sex, Gender and Reproduction.
Emergency fuel waiver issued for four Midwest states to alleviate soaring gas prices after storms
ExxonMobil shut down the refinery last month when severe weather swept through the region. The waiver, for Illinois, Indiana, Michigan and Wisconsin, will continue through Aug. 20.
Boosters and collectives would be targeted by mandatory disclosure of NIL deals. Is that legal?
College sports leaders believe they have found a way through a massive antitrust settlement to finally separate “true NIL” for athletes from what they say is booster-funded pay-for-play.
Everwise Credit Union appoints new chief legal and risk officer
| IL Staff
Everwise Credit Union has appointed a new Chief Legal + Risk Officer, the first person to hold the brand-new role for the company.
Prosecutor Office’s Good Faith Initiative provides path for license reinstatement
| IL Staff
The Marion County Prosecutor’s Office is promoting a program this month created to help non-custodial parents reinstate their driver’s licenses and fulfill their child support obligations.
Legislation passed to address rape kit backlog in U.S.
President Joe Biden signed a bill Tuesday that will address the backlog of rape kits in the U.S. by opening funding for public crime laboratories to process DNA evidence from rapes and other violent crimes.
Opinions August 1, 2024
7th Circuit Court of Appeals
United States of America v. Christopher Truett
22-1349
Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Hanlon. Affirms the district court’s decision to not hold a competency hearing for Christopher Truett and the court’s sentencing guidelines calculation for Truett’s drug conspiracy conviction. Finds that because the condition of Truett’s supervised release included only in the written judgment is a mandatory condition, the court declines to vacate that condition. Also finds that the district court did not abuse its discretion in not ordering a competency hearing sua sponte at the change-of-plea hearing.
Applications open for Crone vacancy on appellate bench
The Indiana Judicial Nominating Commission has begun accepting applications for the vacancy on the Indiana Court of Appeals created by the retirement of Judge Terry Crone.
In an attempt to reverse the Supreme Court’s immunity decision, Schumer introduces the No Kings Act
Schumer’s No Kings Act being introduced Thursday would attempt to invalidate the decision by declaring presidents are not immune from criminal law.
Appeals court blocks Title IX rule protecting LGBTQ kids, reversing Alabama federal judge
The ruling from the U.S. Court of Appeals for the 11th Circuit on the eve of the updated regulations taking effect brings the total number of states where the rule is temporarily blocked to 26, including Indiana.
Mysterious ‘Protect Patients Indiana’ group drops $50K on vague health care ads
The 30-second ad features generic clips of doctors and patients inside hospitals. An off-camera narrator says Protect Patients Indiana “is committed to safeguarding our health care” by “reducing red tape, supporting local hospitals and their staff” and “ensuring access for all Hoosiers.”
Faegre Drinker adds new partner to mass torts group
| IL Staff
Faegre Drinker Biddle & Reath LLP is celebrating a new partner rejoining the firm at its Indianapolis office.
7th Circuit rules lower court must look at employee/employer relationship in negligence case
| IL Staff
A lower court must resolve whether crane operator that allegedly injured a Commercial Air employee was his co-employee, the 7th Circuit Court of Appeals ruled in vacating a district court decision.
Opinions July 31, 2024
Indiana Court of Appeals
James D. Frye v. State of Indiana
23A-CR-1691
Criminal. Reverses the Greene Circuit Court’s decision to grant the state’s request for a protective order to prohibit James Frye from questioning the alleged victim about her sexual history with Frye. Finds the trial court abused its discretion when it granted the state’s protective order to prohibit Frye from asking the alleged victim about their shared sexual history. Remands for further proceedings consistent with the appellate court’s opinion.
Lilly Endowment issues $12.5M in grants to legal aid organizations
Lilly Endowment Inc. approved $12.5 million in grants to three legal aid organizations this month to help strengthen their long-term financial stability.
Officer fatally shoots armed man on Indiana college campus after suspect doesn’t respond to commands
The shooting on the Purdue University Fort Wayne campus prompted school officials to close the school for the remainder of Tuesday. Chief Scott Caudill of the Fort Wayne Police Department says the man was pronounced dead on the Purdue-Fort Wayne campus.
In rare bipartisan vote, U.S. Senate passes package aimed at protecting kids online
Legislation aimed at protecting children online sailed through the U.S. Senate Tuesday, marking what could be the first update since the late 1990s for companies who interact with minors on the internet.
