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Opinions Aug. 28, 2018

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.

Disbarred attorney loses mail fraud conviction appeal

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.

Ex-student claiming sex assault sues Butler, fraternity

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.

Dry cleaning machine maker not liable in environmental claim

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.

COA reverses, rules for PI attorney in subrogation dispute

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.

Jacksonville shooting suspect had mental illness history

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.

Judges: N.C. congressional districts still partisan biased

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.

7th Circuit reverses laches dismissal of PCR case

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.

Opinions Aug. 27, 2018

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.

Justices OK resentencing after gang enhancement vacated

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.

Indiana consumer bankruptcies fall faster than U.S. average

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.

7th Circuit reinstates UPS worker’s disability complaint

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.

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For McCain, a cross-country farewell from public, presidents

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.

Ex-West Virginia Supreme Court justice pleads guilty

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.

Indiana father charged with neglect in sons’ drownings

The father of two Indiana boys who drowned in a river has been charged with felony neglect in their deaths after allegedly telling police he had used heroin before taking his sons to the waterway. Eric J. Patillo, 34, was indicted Thursday on two counts of neglect of a dependent resulting in death.

Indiana’s election security plans don’t include new machines

Indiana’s top elections official is planning to use more than $7.5 million in federal funding to improve the state’s election security, but not to upgrade its voting machines. Indiana was among the states and territories to receive money from the $380 million approved by Congress amid ongoing threats from Russia and others.

Prosecutors grant immunity to longtime Trump finance chief

President Donald Trump’s finance chief, a confidant who has worked for the family’s real estate business since the early 1970s, was granted immunity in the federal probe of former Trump lawyer Michael Cohen, two people with knowledge of the situation told The Associated Press on Friday.