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A federal judge will hold a two-day hearing this week on a Texas-based group’s appeal of Indiana officials’ rejection of its application to open an abortion clinic in South Bend. Indianapolis Administrative Law Judge Clare Deitchman will determine Wednesday and Thursday whether to grant Whole Woman’s Health Alliance’s appeal after the state Department of Health denied the group’s application for an abortion clinic license in January.
The legal portion of the Larry Nassar scandal at USA Gymnastics may soon be over. USA Gymnastics President Kerry Perry said representatives for both the organization and athletes who were abused by Nassar — a former national team doctor who abused hundreds of women under the guise of medical treatment — met last week for mediation talks.
Three Indiana prosecutors are renewing their calls for Indiana Attorney General Curtis Hill to concede on their behalf the merits of lawsuit that blocked a 2018 abortion law and told the AG's staff in an email that Hill is obligated under the Indiana Rules of Professional Conduct to follow their directive as his clients. Hill, however, maintains he is authorized to defend the statute on behalf of his "ultimate client:" the people of Indiana.
7th Circuit Court of Appeals
Elliott Levin v. William Miller, et al.
17-1775
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the district court’s grant of summary judgment in favor of three former Irwin Union Bank & Trust Co. executives. Finds the record clearly establishes that on the advice of government regulators and expert outside legal counsel, the board of directors prioritized saving the banks, and the officers had no authority to second-guess the board’s judgment with their own independent investigation.
Assumptive arguments made by a bankruptcy trustee suing former bank directors were rejected by the 7th Circuit Court of Appeals, which said his assertions colored the court skeptical.
A contract dispute between a rubber product maker and its supplier was settled when the 7th Circuit Court of Appeals reversed a decision that claimed the parties’ agreement was unenforceable.
The Indiana Judicial Nominating Commission has certified two new senior judges to serve in Indiana’s trial courts. Indiana Supreme Court Chief Justice Loretta Rush, acting as chair of the Indiana Judicial Nominating Commission, certified J. Jeffrey Edens and Charles D. O’Connor as senior judges in Boone and Shelby counties, respectively.
A man who drove to a police station in Porter County after he was hurt in a fight at a party, then apparently unconsciously drove his truck into vehicles parked outside the station, lost his appeal of his drunken-driving conviction.
A taste for blue suede sofas, inlaid wooden floor maps and glass countertops has led to the retirement of two West Virginia Supreme Court justices and the impeachment of three others. It also has created a political firestorm, as Democrats accuse the Republican-led Legislature of using the impeachments to try to take control of the court, a separate branch of government.
The jury in the fraud trial of former Trump campaign chairman Paul Manafort ended its first day of deliberations with a series of questions to the judge, including a request to “redefine” reasonable doubt. The questions came after roughly seven hours of deliberation, delivered in a handwritten note to U.S. District Judge T.S. Ellis III. Ellis read the questions aloud to lawyers for both sides as well as Manafort before he called the jury in to give his answers.
Indiana’s second-largest city has settled a federal lawsuit that challenged a portion of its ordinance regulating amplified noises. Court documents filed Tuesday show the city of Fort Wayne has agreed to an injunction permanently barring it from enforcing a provision that “prohibits amplified sound, including speech, that can be heard more than 50 feet from the source.”
7th Circuit Court of Appeals
USA v. Tyrone Miller
17-3514
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms Tyrone Miller’s conviction for possessing a firearm as a felon but remands for resentencing. Finds the district court judge miscalculated the number of Miller’s prior felonies, subsequently imposing an inaccurate sentence.
A lawsuit claiming the Marion County Sheriff’s Office and one of its deputies violated an inmate’s constitutional rights by leaving him unattended long enough for the inmate to kill himself will continue after a district court judge declined to fully grant summary judgment to the county.
A judge’s miscalculation of a man’s federal court sentence based on the number of his prior felony convictions prompted the 7th Circuit Court to remand for resentencing Thursday.
The husband of a late Indiana state senator is suspected of killing a Lake County lawyer who years earlier eulogized the lawmaker at her funeral, the Times of Northwest Indiana reported. The Times reported William “Bill” Landske, 83, was arrested on allegations that he fatally shot T. Edward Page at the attorney’s Hobart home.
Medical evidence did not support the testimony of a deceased man about the degree of limitations he experienced, the 7th Circuit affirmed when reviewing his denied disability benefits case. The court found arguments in the case lacked merit.
A “dangerous drug” conviction in Arizona is not considered a felony drug offense qualifying for particular federal mandatory minimum sentencing in Indiana under because of differences in definitions, the 7th Circuit Court of Appeals determined.
Jurors began their deliberations Thursday in the trial of former Trump campaign chairman Paul Manafort, who prosecutors say earned $60 million advising Russia-backed politicians in Ukraine, hid much of it from the IRS, then lied to banks to get loans when the money dried up.
Federal prosecutors say they’ve made arrests in connection to anti-Semitic graffiti that was spray-painted at a Carmel synagogue last month.
A district court’s decision affirming a Social Security administrative law judge’s ruling on the onset date of an engineer’s disability was vacated Wednesday by the 7th Circuit Court of Appeals, which found medical and other evidence strongly suggests an earlier disability date.