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7th Circuit Court affirms lower court’s dismissal of lawsuit against loan servicer, bank

July 15, 2024 | Maura Johnson

The 7th Circuit Court of Appeals affirmed a district court’s dismissal of Fair Credit Reporting Act and Fair Debt Collection Practices Act violations after the plaintiff failed to state an FCRA claim and lacked standing to bring an FDCPA claim.

Public comments open for recommendations on death penalty rule, state to address mental illness defense for death row inmate

July 15, 2024 | Alexa Shrake

The Commission on Court Appointed Attorneys is requesting public comment on recommendations to the state’s death penalty rule.

Opinions July 15, 2024

July 15, 2024

Indiana Court of Appeals
B & L Drywall, LLC v. R.L. Turner Corporation
23A-PL-2962
Civil plenary. Affirms the Boone Circuit Court’s order granting summary judgment and damages to R.L. Turner Corp. for B&L Drywall, LLC’s breach of contract. Finds the trial court did not err in denying B&L’s motion for summary judgment and granting RLTC’s motion for summary judgment as there are no genuine issues of material fact, and RLTC is entitled to judgment as a matter of law. Also finds the trial court did not abuse its discretion when it awarded RLTC damages in the amount of the difference between the contract sum and the cost to pay the replacement contractor, as such an award was permitted by the unambiguous terms of the contract.

Federal judge dismisses Trump classified documents case over concerns with prosecutor’s appointment

July 15, 2024 | Associated Press

The federal judge presiding over the classified documents case of former President Donald Trump in Florida dismissed the prosecution on Monday, siding with defense lawyers who said the special counsel who filed the charges was illegally appointed.

Second phase of NRA civil trial over nonprofit’s spending set to open in NYC

July 15, 2024 | Associated Press

The second phase of the civil trial against the National Rifle Association and its top executives is set to begin Monday in Manhattan, with New York Attorney General Letitia James seeking an independent monitor to oversee the powerful gun rights group.

The Secret Service is investigating how a man who shot and injured Trump was able to get so close

July 15, 2024 | Associated Press

The U.S. Secret Service is investigating how a gunman armed with an AR-style rifle was able to get close enough to shoot and injure former President Donald Trump at a rally Saturday in Pennsylvania, in a devastating failure of one of the agency’s core duties.

In prime-time address, Biden asks Americans to reject political violence and ‘cool it down’

July 15, 2024 | Associated Press

President Joe Biden on Sunday urged Americans to reject political violence and recommit themselves to resolving their differences peacefully, saying the upcoming presidential election will be a “time of testing” in the aftermath of the attempted assassination of former President Donald Trump.

Authorities hunt for clues, but motive of man who tried to assassinate Donald Trump remains elusive

July 15, 2024 | Associated Press

Investigators are hunting for any clues about what may have driven Thomas Matthew Crooks to try to assassinate former President Donald Trump. The FBI said Sunday it was investigating the assassination attempt as a potential act of domestic terrorism.

Wells receives Democratic nomination for Indiana attorney general

July 13, 2024 | Alexa Shrake

Destiny Wells will battle Republican incumbent Todd Rokita for the top legal officer position in the state after receiving the delegate nomination at Saturday’s state party convention. 

Indianapolis accountant pleads guilty to defrauding IRS of millions

July 12, 2024 | IL Staff

An Indianapolis CPA faces up to three years in prison after he pleaded guilty to assisting in the preparation of false tax returns on behalf of clients who participated in an illegal tax shelter.

AG Rokita sues Monroe County over ‘sanctuary city’ policies

July 12, 2024 | Alexa Shrake

Just days after filing a lawsuit against the City of East Chicago, Indiana’s Office of the Attorney General is now suing Monroe County over its local immigration policy.

immigration-stock-2col.jpg

Indiana death row inmate’s lawyers say mental illness should preclude him from execution

July 12, 2024 | Indiana Capital Chronicle

Attorneys for Indiana death row inmate Joseph Corcoran appealed the state’s request for an execution date on Thursday, maintaining that he is “unquestionably seriously mentally ill” and therefore should not be subject to the death penalty.

Appeals court says some NCAA athletes might qualify as employees under federal wage laws

July 12, 2024 | Associated Press

College athletes whose efforts primarily benefit their schools might qualify as employees deserving of pay under federal wage-and-hour laws, a U.S. appeals court ruled Thursday in a setback to the NCAA.

ncaa-building-2col.jpg

Labor Department wants Indy health care owner held in contempt on overtime issues

July 12, 2024 | John Russell, Indianapolis Business Journal

The U.S. Department of Labor is asking a federal judge to hold the owner of eight Indianapolis-area health care services companies in contempt for allegedly ignoring a 2022 court judgment requiring him to pay overtime to his employees.

Biden says during news conference he’s going to ‘complete the job’ despite calls to bow out

July 12, 2024 | Associated Press

President Joe Biden used his closely watched news conference Thursday to deliver a forceful defense of his foreign and domestic policies and batted away questions about his ability to serve another four years, declaring: “I’m not in this for my legacy. I’m in this to complete the job.”

More than 6 in 10 U.S. adults support protecting access to IVF, AP-NORC poll finds

July 12, 2024 | Associated Press

Relatively few Americans fully endorse the idea that a fertilized egg should have the same rights as a pregnant woman. But a significant share say it describes their views at least somewhat well, according to a new poll from The Associated Press-NORC Center for Public Affairs Research.

Candidates feel hopeful ahead of state Democratic party convention

July 11, 2024 | Alexa Shrake

Two women have their eyes on one thing come July 13–the delegate nomination for Indiana Attorney General.

Indiana high court suspends five attorneys for failure to pay costs

July 11, 2024 | IL Staff

The Indiana Supreme Court suspended five attorneys Tuesday for failure to pay costs associated with their pending disciplinary actions.

 

Opinions July 11, 2024

July 11, 2024

7th Circuit Court of Appeals
Indiana Land Trust #3082, et. al. v. Hammond Redevelopment Commission, et al.
24-1006
Civil. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John Martin. Affirms the district court’s dismissal of Indiana Land Trust #3082 and trust’s beneficiaries Omar and Haitham Abuzir’s third amended complaint against the City of Hammond, the Hammond Redevelopment Commission and its members and Hammond Mayor Thomas McDermott with prejudice. Finds the Abuzirs have failed to state any claim that the city violated their constitutional rights. Also finds that adding a § 1983 conspiracy claim would have been futile, and so the district court did not abuse its discretion in denying that request.

Safe Harbor Policy provides ‘carrot’ for voluntary M&A misconduct disclosures

July 11, 2024 | Daniel Carson

To give an added jolt to government efforts to deter criminal misconduct in merger and acquisition transactions, the U.S. Department of Justice unveiled a new Safe Harbor Policy last year geared toward voluntary self-disclosures.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • ‘Get involved.’ Indiana judges, attorneys offer advice for new lawyers

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • List of new Indiana laws approved this year

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