Indiana man allegedly threatened 2 judges, police officer
A northeastern Indiana man faces intimidation charges for allegedly threatening two county judges and a police officer.
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Barrett, Kirsch scheduled for judiciary committee vote
The U.S. Senate Committee on the Judiciary is scheduled to vote Thursday on Amy Coney Barrett, the nominee to the Indiana seat on the 7th Circuit Court of Appeals, and on Thomas L. Kirsch II, the nominee for U.S. Attorney for the Northern District of Indiana, but tradition will likely intervene and cause a delay at least for the judgeship.
New faces bring flux to Indiana Supreme Court
The decline in the number of majority opinions and in the percentage of concurring opinions coming from the Indiana Supreme Court last fiscal year are being linked to the transitions in the state’s highest judicial body, which has welcomed three new justices and installed a new chief justice all within the past five years.
COA rules against card counter banned from Hoosier Park casino
A man who has been banned from numerous casinos because he counts cards when gambling lost his lawsuit against Hoosier Park and the Indiana Gaming Commission after his arrest for trespassing at the Anderson casino.
Consumer’s suit against debt collection law firm may proceed
A woman who sued an Indianapolis law firm over its debt-collection letter has plausibly stated potential violations of the Fair Debt Collection Practices Act, a federal judge ruled.
Woman pleads not guilty to neglect after crash kills kids
The mother of two young southern Indiana children killed when her SUV collided with a freight train has pleaded not guilty to charges including neglect.
Opinions Sept. 26, 2017
Indiana Court of Appeals
2444 Acquisitions, LLC v. Michael Fish
49A02-1606-MF-1315
Mortgage foreclosure. Affirms the order granting Michael Fish’s motion for turnover of the tax sale surplus funds. Finds the current action is not estopped and that equity requires the disbursement of the funds to Fish.
Indiana court has jurisdiction over Michigan man who didn’t pay for seed
Over a Michigan man’s objections, the Indiana Court of Appeals affirmed that a feed and farm supply store in northern Indiana can sue him for an unpaid bill in Indiana.
COA affirms turnover of tax sale surplus funds
A man who loaned money nearly 10 years ago to a company in exchange for a mortgage security interest in some real estate is entitled to the surplus funds from a tax sale involving that land, the Indiana Court of Appeals held Tuesday.
Juveniles are focus of CPLI summit
The Children’s Policy and Law Initiative of Indiana will be examining juvenile justice and school discipline at its annual public policy summit during the first week of October.
Full 2nd Circuit set to consider Title VII protections
The entire 2nd Circuit Court of Appeals will consider Tuesday whether Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation.
Suit targets Indiana billboards north of Ohio River bridge
An economic development group is suing a southern Indiana town over its plans to allow billboards near a new Ohio River bridge.
Indiana plans to appeal abortion law order
Indiana plans to appeal a federal judge's order that permanently blocks the state from enforcing a provision of a law passed last year that would ban abortions sought due to fetal genetic abnormalities.
Child porn convictions against grandfather affirmed
A man accused of taking pornographic pictures of his granddaughter and adding them to an extensive collection of violent child pornography cannot succeed on his claim of ineffective assistance of counsel because he failed to prove he would not have pleaded guilty had his counsel made him aware of alternative defenses, the 7th Circuit Court of Appeals ruled Friday.
Arizona ruling highlighted in Indiana birth certificate fight
The female same-sex married couples in Indiana who are fighting to include the non-birth mother’s name on their children’s birth certificates are highlighting a recent decision from the Arizona Supreme Court that confirms parental status for lesbian couples.
Worker barred by noncompete challenges Commercial Court constitutionality
One of the first Indiana Commercial Court cases argued on appeal opened with a hearing-day motion filed Monday in the Indiana Court of Appeals challenging the constitutionality of the state’s year-old pilot docket.
Opinions Sept. 25, 2017
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
In Re: OneStar Long Distance, Inc., Elliott D. Levin v. Verizon Business Global, LLC
16-1940, -2094
Appeals from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Affirms the district court’s affirmation of the bankruptcy judge’s ruling that the new value, or additional telecommunications services, that MCI advanced during its preference period sufficed to make OneStar’s preferential payments unavoidable, so the debt assignment to a newly formed affiliate was irrelevant. Finds a debtor’s assignment of debt and contractual rights to an affiliate doesn’t have the effect of repaying a creditor for new value. Also finds MCI advanced subsequent new value that remained unpaid, so OneStar’s preferential transfers are unavoidable.
COA finds for bank in construction lien litigation
The Indiana Court of Appeals has ruled in favor of a bank in a legal battle over which lien in a construction project should take priority, with the court determining the bank’s lien was superior to a mechanic’s lien because the bank’s mortgage on the project secured its loan of funds to the construction project.
First impression: Denial of coverage is uninsured vehicle
Ruling on an issue of first impression, the Indiana Court of Appeals has held that a vehicle that is insured but is denied coverage after an accident is considered uninsured under Indiana statute.
7th Circuit affirms rulings in telecom company bankruptcy
A now-bankrupt telecommunications provider cannot avoid making payments invoiced by its supplier prior to the filing of an involuntary bankruptcy petition because the supplier has a legitimate defense under the “new value” concept in U.S. Bankruptcy Code, the 7th Circuit Court of Appeals has ruled.