Justices grant one transfer petition, deny 23
The Indiana Supreme Court granted transfer to a case involving an estate, the only case out of 24 justices chose to hear last week. The court denied two transfer petitions by 3-2 votes.
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Justices to hear civil forfeiture argument, 2 others
Justices to hear oral argument on civil forfeiture case, two othersThe Indiana Supreme Court will hear oral argument in three cases on Thursday, including a case dealing with the distribution of civil forfeiture proceeds.
AG Hill to continue to serve despite likely suits by accusers
Facing the prospect of lawsuits from four women he is accused of groping, embattled Indiana Attorney General Curtis Hill vowed through his legal team Tuesday to stay in office. A special prosecutor Tuesday declined to criminally charge Hill but said the AG admitted he consumed a significant amount of alcohol and touched his accusers the night of the alleged incidents.
Retired Justice Sandra Day O’Connor withdraws from public life
Sandra Day O’Connor, the first woman on the Supreme Court, has stepped back from public life. The 88-year-old, for more than two decades often the deciding vote in important cases, is now fully retired and no longer makes public appearances.
Supreme Court: Ross can’t be questioned in census suit
The U.S. Supreme Court is siding with the Trump administration to block the questioning of Commerce Secretary Wilbur Ross about his decision to add a citizenship question to the 2020 census.
No charges against AG Hill, but lawmaker, victims to sue
While a special prosecutor Tuesday morning said he would file no criminal charges against Indiana Attorney General Curtis Hill on allegations he groped four women, the prosecutor said Hill admitted that he consumed a significant amount of alcohol and admitted to touching the alleged victims, who said Tuesday they intend to sue Hill and the state.
Opinions Oct. 22, 2018
7th Circuit Court of Appeals
Francina Smith v. GC Services Limited Partnership
18-1361
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the Southern District Court’s denial of collection agency GC Services’ motion to compel arbitration. Finds GC Services waived any right to arbitration when it did not make a diligent assertion of that right. Also finds that as a non-signatory, GC Services cannot enforce the arbitration agreement. Concludes the district court’s denial was not erroneous.
Collection agency’s extensive delay waives arbitration right
The 7th Circuit Court of Appeals affirmed the denial of a collection agency’s delayed motion to compel arbitration when it found the agency had inadequate explanations for its delay and had waived any right to arbitrate.
Southern District renews warning against jury duty scam
Increasing jury duty scams have led the U.S. District Court for the Southern District of Indiana to once again warn Hoosiers of potentially falling prey to an illegitimate summons. The court is reminding the public of tips to safeguard against scammers.
Judge rules for Butler in suit by ex-student accused of sex assault
A civil lawsuit against Butler University brought by a student who claims he was wrongly expelled after being falsely accused of sexual assault has ended with a judgment in favor of the university and other school personnel involved in the investigation.
Police: New DNA law leads to arrest in January trailer theft case
A new law that requires police to collect DNA from people facing felony charges has led to arrest in an eastern Indiana theft case, police said.
Kavanaugh assigned as circuit justice for 7th Circuit
The Supreme Court of the United States has shuffled the circuit court assignments, assigning the 7th Circuit Court of Appeals to Brett Kavanaugh, the newest associate justice.
COA heading northwest, southwest for oral arguments
The Indiana Court of Appeals will head northwest to start off a full week of oral arguments in Newton and Tippecanoe counties, ending its trip down south in Daviess and Gibson counties.
Asian Pacific American Bar Association celebrates growth
Five years ago, the organization now known as the Asian Pacific American Bar Association of Indiana was just an idea in the minds of 11 Asian-Pacific American attorneys in the Indianapolis area. Today, the group has grown to an organization of 50 members and has earned the support of the roughly 150 attorneys who attended APABA-IN’s second annual dinner Thursday.
Manafort to be sentenced in February; appears in wheelchair
A judge has set a February sentencing date for Paul Manafort, who appeared in court Friday for a post-trial hearing in a wheelchair and green jail jumpsuit. The hearing in federal court in Alexandria was largely procedural but provided the first glimpse of the former Trump campaign chairman since he began cooperating with prosecutors in special counsel Robert Mueller’s office.
Russian woman charged in first 2018 election meddling case
The U.S. accused a Russian woman on Friday of helping oversee the finances of a sweeping, secretive effort to sway American public opinion through social media in the first federal case alleging foreign interference in the 2018 midterm elections. The criminal complaint against Elena Alekseevna Khusyaynova alleges Russians are using some of the same techniques to influence U.S. politics as they relied on ahead of the 2016 presidential election.
Gary man accused of harboring double-shooting suspect
A Gary man is accused of harboring a suspect in a gang-related shooting that wounded a man and his 9-year-old son outside a store. Prosecutors allege Tyrone L. Jackson, Jr., allowed Alex C. Hughes to hide in his Gary house for more than a week, despite knowing Hughes was wanted for his role in the Sept. 30 shooting.
Revived Madison Co. needle exchange program has positive results
A central Indiana county’s revived needle exchange program has collected nearly twice as many used needles as the number of clean needles it’s distributed, according to the behavior health system running the program.
Opinions Oct. 19, 2018
The following 7th Circuit opinion was post after IL deadline on Thursday.
Mario Sims v. New Penn Financial LLC
18-1710
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Magistrate Judge Michael G. Gotsch, Sr.
Civil. Affirms the Northern District’s award of summary judgment to loan servicer Shellpoint following its prohibition of Mario and Tiffany Sims’ attempts to assume a loan on their home’s mortgage. Finds the Simses produced insufficient evidence to prove they were racially discriminated against by Shellpoint, and presented evidence was too speculative to establish a dispute of material fact.
LSC forum emphasizes benefits of working together
Taking a break Friday morning from its multi-day meeting in Indianapolis, Legal Services Corporation held a series of public discussions showcasing how collaboration can amplify the impact of legal aid.