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East Chicago homeowners sue companies over lead, arsenic

Thirty-eight homeowners in East Chicago have filed a lawsuit claiming the lead and arsenic contamination caused by former manufacturing operations near their neighborhood have decreased the value of their homes and inflicted emotional distress.

Opinions Nov. 3, 2017

The following Indiana Supreme Court opinion was posted after IL deadline Thursday.

Suzanne E. Esserman v. Indiana Department of Environmental Management
49S02-1704-PL-189
Civil plenary. Affirms dismissal of Suzanne E. Esserman's suit seeking damages under Indiana’s False Claims and Whistleblower Protection Act against the Indiana Department of Environmental Management, which fired her after she said she inquired about questionable state expenses. Majority holds Indiana has not abrogated common-law sovereign immunity for non-tort claims premised on the violation of a statute. Justice Steven David dissents, writing the plain language of "employer" covered by the act includes the state.

Court upholds Indianapolis Land Bank fraud convictions

Two men convicted in an elaborate fraud scheme involving the Indianapolis Land Bank have lost their federal appeal, with the 7th Circuit Court of Appeals ruling Friday there was sufficient evidence to support their multiple fraud convictions.

Supreme Court to hear legal malpractice, marijuana cases

The fate of a legal malpractice claim will be decided by the Indiana Supreme Court next week after the justices hear oral arguments to decide whether the claim can continue. Justices also will hear a case challenging the probable cause that led to a man’s conviction after discovery of a marijuana grow.

Magistrate judge slams ‘troubling trend’: lawyers ignoring orders

Note to lawyers with cases in the Southern District of Indiana: don’t give the overworked judicial officers cause to call you out for missing deadlines or shrugging off orders. Magistrate Judge Tim A. Baker did just that in a blistering two-page order issued Friday.

International court may allege Afghanistan war crimes

The chief prosecutor for the International Criminal Court in The Hague, Netherlands, said Friday she is seeking an investigation of alleged war crimes committed in the war in Afghanistan, an unprecedented probe that could involve U.S. troops.

Suit: Military defense counsel detained for excusing attorney Kammen

Accused terrorist Abd al-Rahim Hussein al-Nashiri has asked a federal court to stop his criminal proceedings at Guantanamo Bay, claiming the federal government is denying his right to qualified counsel during a death penalty case. The suit alleges his lead defender in his military trial at Guantanamo Bay, Cuba, has been sentenced to to 21 days of confinement.

Woman’s health care fraud, ID misuse convictions upheld

The 7th Circuit Court of Appeals has upheld a woman’s convictions for health care fraud and misusing an identity. The panel determined the district court properly handed down indictments and admitted evidence to allow the government to prove the woman was involved in a plan to defraud Indiana’s Medicaid program.

Supreme Court affirms Land Rover forfeiture in drug case

The state of Indiana can move forward with its plan to seize a Land Rover worth more than $40,000 from a convicted heroin dealer after the Indiana Supreme Court ruled the Eighth Amendment’s Excessive Fines Clause does not bar the state from making such a forfeiture.

Opinions Nov. 2, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
United States of America v. Wanda Shorter
16-2053
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio
Criminal. Affirms Wanda Shorter’s convictions of health care fraud and three counts of misusing a means of identification. Finds the district court did not err in the admission of evidence. Also finds Shorter did not prove the indictments for the identity charges were duplicitous. Finally, finds the evidence was sufficient to convict Shorter.

Due in court, Manafort attacks Russia probe indictment

Accused of multiple financial crimes, President Donald Trump’s former campaign chairman on Thursday attacked the strength of the evidence against him, saying the case brought by special counsel Robert Mueller is “embellished.”

Police cleared in black man’s death still face inquiries

Two Indianapolis police officers cleared by a special prosecutor of criminal wrongdoing in the shooting death of an unarmed black motorist who fled a traffic stop still face an FBI civil rights probe, a federal lawsuit and potential disciplinary action by the department.