Widow wrongly denied hearing challenging late spouse’s will
A long-married Terre Haute woman who received just a small portion from her husband’s will when he died was wrongly denied her day in court, the Indiana Court of Appeals ruled Wednesday.
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Wal-Mart, worker who pointed finger in woman’s face, must face suit
Wal-Mart must face a civil assault lawsuit filed after a worker angrily pointed his finger in the face of a 79-year-old customer at its Franklin store, a judge has ruled.
First impression: Court may consider facilitated communication
The Indiana Court of Appeals in an issue of first impression Wednesday affirmed a trial court ruling that allowed a disabled minor to testify in a civil trial using facilitated communication.
District court must vacate convictions, sentences on child porn conspiracy charges
A federal judge in Indianapolis must vacate two men’s convictions and sentences on charges of conspiracy to distribute child pornography and to sexually exploit a child after the 7th Circuit Court of Appeals determined those convictions should have been merged with a child-exploitation enterprise conviction.
7th Circuit: Ex-owner did not breach noncompete clause by assisting distributor
The 7th Circuit Court of Appeals has settled a dispute between two competing companies previously owned by the same man, finding the former owner did not breach the noncompete clause by providing assistance to one of the companies.
Opinions Sept. 20, 2017
7th Circuit Court of Appeals
E.T. Products, LLC v. D.E. Miller Holdings, Inc., et al.
16-1204
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Civil. Affirms the district court’s judgment that a noncomplete clause between Doug and Tracy Miller and E.T. Products LLC was enforceable, but that the Millers did not breach it. Finds the noncompetition agreement is not overbroad.
North American Soccer League sues US Soccer Federation
The North American Soccer League — the professional soccer league that includes the Indy Eleven — has sued the United States Soccer Federation, saying it has illegally protected the monopoly position of its business partner: Major League Soccer.
Southern District to get help of Wisconsin, Illinois judicial officers
The second-busiest federal district court in the nation soon will get some relief from magistrate judges from other district courts in the 7th Circuit. The Southern District of Indiana’s ongoing judicial emergency has been compounded by the death of Magistrate Judge Denise K. LaRue.
Indiana man convicted in boy’s death to get reduced sentence
A young man originally sentenced to a 90-year prison term is getting a reduced sentence for his role in the killing of a northern Indiana boy.
Gary man gets 195 years for murders of brothers, 3rd person
A judge sentenced a Gary man to 195 years in prison in the 2015 slayings of two teenage brothers and a third person.
Senior judge to begin presiding over Hancock Circuit Court next month
An Indiana senior judge will begin presiding over the Hancock Circuit Court next month after the current judge leaves the bench.
Opinions Sept. 19, 2017
Indiana Court of Appeals
Racquel Postiglione v. State of Indiana
49A04-1607-CR-1662
Criminal. Affirms the restitution order entered following Racquel Postiglione’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds the victim’s injuries were the result of or a “direct consequences of the acts initiated by” Postiglione, even if she was not the one to break the man’s leg and ankle.
7th Circuit orders resentencing on drug conviction after finding no speedy trial violation
A Bloomington man convicted of a drug charge after his attempt to rob a purported drug stash house will be resentenced on that charge after the 7th Circuit Court of Appeals ruled the government didn’t prove the drug quantity it attributed to him.
Woman who started fight outside bar responsible for victim’s medical bills
A Chicago woman who got kicked out of a bar and instigated a confrontation with a bouncer must pay for the medical bills the man sustained as a result of being attacked by her friends, the Indiana Court of Appeals ruled Tuesday.
Ohio State: Dismiss ex-player’s lawsuit over image use
Ohio State wants a federal judge to dismiss a class-action lawsuit by one of its most famous football stars who alleges athletes' images were used without their permission and without compensation.
Court reinstates lawsuit over debunked Rolling Stone story
A defamation lawsuit against Rolling Stone over the magazine's debunked article about a University of Virginia gang rape was reinstated Tuesday by an appeals court in a manner that one judge says would allow any member of a school fraternity to join the lawsuit.
Trump’s legal nemesis gets his day in court in bid to save DACA
Los Angeles attorney Ted Boutrous has been itching for a courtroom battle with President Donald Trump. Now, he’s got it.