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Two magistrate judges and a practicing attorney have been named as finalists to fill an upcoming vacancy in the Allen Superior Court Criminal Division. It’s one of two pending vacancies on the state court bench in Fort Wayne.
James Sweeney, partner at Barnes & Thornburg, has been confirmed to the Southern Indiana District Court. He was nominated by President Donald Trump in November 2017 to fill a vacancy created when Judge Sarah Evans Barker took senior status.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Monday:
United States of America v. Robert E. Stochel
17-3576
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Criminal. Affirms Robert Stochel’s mail fraud conviction and his two-year sentence. Finds there was sufficient evidence to convict Stochel. Also finds the judge’s sentencing rulings were sound.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Monday:
Ronald Ward v. Soo Line Railroad Company
17-2150
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Civil. Affirms the district court’s dismissal of Ronald Ward’s claims, holding that under federal law the Locomotive Boiler Inspection Act preempted all state tort law remedies for injuries caused by locomotive equipment outside the country. Finds Ward waived on appeal the only viable theory for pursuing relief.
The Indiana Court of Appeals affirmed a venue switch for a medical malpractice case from Marion County to Monroe County on Tuesday, finding Marion County was not a county of preferred venue.
The 7th Circuit Court of Appeals affirmed the denial of a train operator’s state common law claims for relief against a railroad company for injuries caused by locomotive equipment.
A disbarred Indiana attorney who was convicted of mail fraud and sentenced to two years in federal prison after stealing more than $330,000 from a grocery store receivership has lost his appeal of both his conviction and sentence.
A lawsuit filed by a former Butler University student-athlete alleges the university and a now-suspended fraternity failed to take necessary action to remove an allegedly known sexual predator from campus, leading to the student-athlete’s rape at a fraternity party in late 2016.
The maker of 1960s-era coin-operated dry cleaning machines cannot be held liable for decades-old environmental contamination found at the site of a one-time southside Indianapolis laundromat, the Indiana Court of Appeals ruled Tuesday.
The Indiana Court of Appeals reversed a trial court judgment, ordering summary judgment for a Lawrenceburg attorney facing a breach lawsuit related to his representation of a personal injury client. The appellate court ruled the insurer suing him did not timely file its subrogation claim.
The suspect in a deadly shooting at a Florida video game tournament had previously been hospitalized for mental illness, according to court records in his home state of Maryland reviewed by The Associated Press.
Federal judges on Monday affirmed their earlier decision striking North Carolina’s congressional districts as unconstitutional because Republicans drew them with excessive partisanship. The Tarheel State is one of several in which lawsuits are challenging partisan gerrymandering.
The 7th Circuit Court of Appeals reinstated a convicted killer’s habeas petition Monday, vacating a decision in the first Indiana case involving a laches dismissal stemming from a defendant’s post-filing delay in prosecuting a state court post-conviction case.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday:
Linda Rowlands v. United Parcel Service, Inc.
17-3281
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Robert L. Miller.
Civil. Reverses and remands. Finds there are genuine disputes of fact that are material to Linda Rowlands’ failure to accommodate and retaliation claims, neither of which were waived. Finds there was sufficient evidence to support the reversal and remand.
An Evansville trial court may resentence a would-be robber for his eight convictions after the Indiana Supreme Court ruled that vacating the defendant’s criminal gang enhancement did not rid the trial court of its resentencing authority.
Personal bankruptcy filings due to consumer debt tumbled in Indiana last year at a much faster pace than an overall national decline, according to federal bankruptcy court data released Monday. Hoosiers filed a combined 7.4 percent fewer petitions for Chapter 7, Chapter 11 and Chapter 13 bankruptcy in 2017.
The 7th Circuit Court of Appeals reversed and remanded a decision denying a UPS employee’s claims of disability discrimination, failure to accommodate, and retaliation when she requested accommodations, in violation of the Americans with Disabilities Act.
Two former presidents are expected to speak at Sen. John McCain’s service and he will lie in state in both in the nation’s capital and Arizona as part of a cross-country funeral procession ending with his burial at the U.S. Naval Academy. McCain died Saturday after a year-long battle with brain cancer.
A retired West Virginia Supreme Court justice is now a convicted felon. Menis Ketchum pleaded guilty Thursday in federal court to a felony count of fraud related to his personal use of a state vehicle and gas fuel card in a scandal that has led to upcoming impeachment trials for the remaining justices.