COA: Defendants have right to counsel before drug recognition exam
A woman had her conviction overturned after the Indiana Court of Appeals ruled she should have been allowed to consult an attorney before undergoing a drug recognition exam.
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COA affirms dismissal of Johnson County public defender suit
A case challenging the constitutionality of Johnson County’s contract-based public defender system will not proceed after the Indiana Court of Appeals on Friday upheld the dismissal of the case against several Johnson County judges, attorneys and commissioners.
COA upholds bar’s partial liability for hit-and-run
The Indiana Court of Appeals on Friday affirmed judgments of liability against a Lake County bar accused of overserving a patron who drove a vehicle that struck another departing customer.
COA lets claims of man who lost eye proceed against toolmaker
A man who lost an eye after a cut-off disc on a pneumatic grinder he was using disintegrated and struck him in the face may proceed with his claims against the toolmaker, the Indiana Court of Appeals ruled.
Judge twice investigated for gun encounters with ex admonished
A southern Indiana judge who is accused of twice introducing guns into heated encounters with his estranged wife, leading to police intervention, has been publicly admonished by the Indiana Judicial Qualifications Commission.
Judge: Kentucky lawyer who fled must forfeit bond
A federal judge in Lexington, Kentucky has ruled that a lawyer in that state who went on the run in a more than $500 million Social Security fraud case must forfeit property put up for bond.
Government seeks change to order lifting Trump refugee ban
Lawyers with the Department of Justice have asked a federal judge to change his order that partially lifted a Trump administration refugee ban.
Ruling: Menards founder’s ex-fiancee doesn’t deserve ownership
The Wisconsin Supreme Court ruled Friday that the founder of the Menards building supply stores doesn’t owe his former fiancee an ownership interest in the company.
Attorney: Hammond IDEM permit “bordering on the negligent”
A Hammond attorney is criticizing state regulators for approving an air permit for a lead reclamation business at the site of a former smelter where the U.S. Environmental Protection Agency is investigating off-site contamination.
Two ex-nursing home execs to plead guilty in kickback scheme
Two former executives with a company that operates dozens of Indiana nursing homes have agreed to plead guilty in a kickback scheme involving millions of dollars. Court documents unsealed this week show that former American Senior Communities CEO James Burkhart and former Chief Operating Officer Daniel Benson, both 52, have reached plea deals.
Railroad officer cleared in shooting of boy, 13, in Elkhart
Elkhart County Prosecutor Vicki Becker announced Thursday that a railroad police officer won’t face criminal charges for firing shots that wounded a 13-year-old boy who led police on a car chase.
Opinions Dec. 28, 2017
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Abdullah Ennin v. CNH Industrial America, LLC
17-2270
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the judgment in favor of CNH Industrial America, LLC in Abdullah Ennin’s discrimination case. Finds Ennin waived the admissibility of certain evidence CNH attacked as inadmissible, and without that evidence the record undisputedly shows CNH fired Ennin before it knew of his alleged disability or FMLA leave. Also finds nothing in the record support Ennin’s argument that CNH’s stated reasons for terminating him were pretextual, and CNH did not interfere with his right to take FMLA leave. Finally, finds Ennin’s federal conspiracy and state law negligent-supervision claims fail because they are derivative of underlying federal claims.
Riley Hospital official appointed new DCS director
A day after Mary Beth Bonaventura left her position as director of the Indiana Department of Child Services, the Gov. Eric Holcomb has announced Terry Stigdon, clinical director of operations at Riley Hospital for Children at IU Health in Indianapolis, will lead the agency.
IU wins after sued by fired director accused of sexual harassment
A district court judge has granted summary judgment to Indiana University’s School of Dentistry and high-ranking members of its faculty after finding the school did not violate a former clinic director’s rights by firing him for alleged sexual harassment of students.
COA affirms defamation verdict but tosses punitive damages
The Indiana Court of Appeals deconstructed a tangle of lawsuits erupting over allegations of theft of more than $1 million from a home building company and ruled that although the accused was found to have breached his fiduciary duty and wrongly taken money, he was still defamed by his accuser.
Conour to be resentenced; feds on guard for ‘brazen’ arguments
The 10-year prison sentence imposed on former attorney and convicted fraudster William Conour has been vacated and remanded for resentencing. The government Wednesday urged the judge who will again resentence him not to indulge arguments that he, rather than former clients he stole from, is a victim.
COA sends I-69 property-taking dispute to damages trial
A property rights dispute between the state and a Monroe County property owner must proceed to a trial on damages after the Indiana Court of Appeals determined the state’s condemnation action against the Monroe County property constituted a compensable taking.
7th Circuit affirms ruling for employer on discrimination claims
Indiana’s Southern District Court properly granted summary judgment to a black man on a discrimination case against his former employer after finding the man failed to prove his termination was based on discriminatory practices, the 7th Circuit Court of Appeals has ruled.
Judge: Bid to grant elephants personhood ‘wholly frivolous’
A Connecticut judge has denied a petition by an animal rights group to grant parenthood to three elephants in a traveling petting zoo, calling the request “wholly frivolous.”
Roy Moore sues to block Alabama Senate result
Failed candidate Roy Moore has doubled down on his claims of voter irregularities in Alabama’s U.S. Senate race in a last-ditch effort to stop the certification of the Democratic opponent who pulled off a historic upset last month in a traditionally deep-red state.