Companies move to dismiss East Chicago lead contamination suit
Companies taken to court over property damage from the contaminated USS Lead Superfund site in East Chicago have asked a federal judge to dismiss the case.
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Opinions March 22, 2018
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday.
Freedom From Religion Foundation v. Concord Community Schools
17-1591, 17-1683
Appeals from the U.S. District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Civil. Affirms District Court ruling that the Concord Community Schools’ 2015 “Christmas Spectacular” show, modified to de-emphasize Christian elements in the 2014 show, did not violate the Establishment Clause of the Constitution. Judge Frank Easterbrook concurs in a separate opinion.
Supreme Court hears criminal gang enhancement case
After his criminal gang enhancement was vacated on appeal, a Vanderburgh County man’s sentence for various armed robbery charges reduced from 60 to 30 years. Now, the state is arguing the trial court should have discretion to resentence the defendant in accordance with his crimes, but the defendant claims no such discretion exists.
Despite ‘role of Grinch,’ 7th Circuit won’t stop Christmas show
An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading role in a revival, won the reluctant blessing of the 7th Circuit Court of Appeals.
COA tosses drug evidence after arrest lacking probable cause
Indianapolis police who approached a vehicle with guns drawn after a man exited lacked probable cause, the Indiana Court of Appeals ruled Thursday, suppressing evidence of drugs found in the vehicle.
Neighbor lacks case despite ‘havoc’ after home built on higher land
While agreeing that water flowing from a neighbor’s property after construction of a new home on higher ground “wreaks havoc” on the property below, a trial court’s decision that the owner of the lower ground has no right of action was affirmed Thursday by the Indiana Court of Appeals.
7th Circuit upholds summary judgment for debt collector
A debt collection agency that reported an Indiana woman’s disputed debt to two national credit reporting agencies did not violate federal law relating to debt collection and credit reporting actions, the 7th Circuit Court of Appeals has affirmed.
Barnes & Thornburg opens San Diego office
Barnes & Thornburg LLP has announced the opening of its second California location, this time in San Diego. The firm’s first West Coast location opened in 2011 in Los Angeles.
Indiana justices to rule on lawyer in death penalty case
The Indiana Supreme Court will consider an appeal that challenges a ruling to remove a Fort Wayne defense attorney from a death penalty case. Allen Superior Judge Fran Gull removed defense attorney Nikos Nakos from Marcus Dansby’s death penalty case, citing his lack of training.
Opinions March 21, 2018
Indiana Court of Appeals
R. Kinsey Brooks, Susan K. Brooks v. Bank of Geneva
01A05-1709-MF-2174
Mortgage foreclosure. Reverses the grant of summary judgment in favor of Bank of Geneva on the denial of R. Kinsey Brooks and Susan Brooks’ motion for summary judgment. Finds the mortgage on the Brookses’ property should have been released as a matter of law. Remands with instructions for the mortgage on the property to be released and for consideration of the Brookses’ abuse of process claim.
Justices to hear sentencing, sex offender, parental rights cases
The Indiana Supreme Court will consider sentencing practices, sex offender restrictions and parental rights when it hears oral arguments in three cases Thursday.
Retired judge to serve as LaGrange judge pro tempore
A retired Noble County judge will begin serving as a judge pro tempore in the LaGrange Circuit Court after the sitting judge retires later this year.
Scopelitis announces opening of Seattle branch
Indianapolis-based Scopelitis, Garvin, Light, Hanson & Feary, P.C., announced Monday the opening of a new Seattle branch. The new location brings the firm’s total U.S. offices to 14.
Hendricks Regional, Hall Render face $50M lawsuit over failed deal
A lawsuit against Hendricks Regional Health and an Indianapolis law firm representing the hospital group alleges they used “malicious, oppressive, willful, wanton, and/or reckless conduct,” conspiring to squelch a competitor’s deal to operate 23 Indiana care facilities after Hendricks’ contract was terminated.
Little confrontation at 7th Circuit nominees’ hearing
Amy St. Eve and Michael Scudder, the two nominees for the 7th Circuit Court of Appeals, breezed through their confirmation hearing Wednesday, facing few pointed questions and not being called to defend any of their past actions.
COA orders bank to release mortgage on Adams County farmland
An Adams County couple will be released from the mortgage on their farmland after the Indiana Court of Appeals determined the bank altered the terms of the promissory note secured by the mortgage, entitling the couple to release.
Supreme Court limits reach of tax crime statute
The Supreme Court is making it harder for the federal government to use a section of the tax law to convict someone of a crime. The court Wednesday limited the application of a statute that the government had interpreted to give it a broad ability to charge someone with obstructing or impeding the work of the Internal Revenue Service.
Judge holds climate change class in suits against big oil
A federal judge presiding over lawsuits that accuse big oil companies of lying about global warming to protect their profits is turning his courtroom into a classroom in what could be the first hearing to study the science of climate change.
Round 1: Marion County panel gives 17 judges retention nod
After roughly eight hours of interviews, dozens of documents and one unanimous vote, 17 Marion Superior judges have been recommended for retention by a recently created committee whose existence marks a new era for the Indianapolis judiciary.
Current, former ND Law students, professors working for lasting peace, justice in Colombia
A small group of current and former Notre Dame Law School students and professors are working to seek justice and win the peace in Colombia.
