Navient can’t block US claim it duped student debtors, judge rules
Student loan giant Navient Corp., the industry’s largest, has suffered a pair of courtroom defeats in its attempt to block government lawsuits alleging borrowers had been mistreated.
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Man charged over threats to blow up Indiana shopping center, schools
A 26-year-old man from Bakersfield, California, has been charged with making online threats to blow up two Indiana high schools and an Indianapolis-area shopping center.
UPDATE: IBM to appeal $78M breach of contract award to state
IBM said Monday it will appeal a judge’s ruling that the computer services giant owes Indiana a net of nearly $78.2 million in damages for breaching a contract to modernize and privatize the state’s welfare systems.
Judge: IBM owes Indiana $78M for contract breach
IBM owes Indiana a net of nearly $78.2 million in damages for breaching a contract to modernize the state’s welfare privatization efforts, a Marion County judge has determined.
Man’s arguments supporting motion to suppress rejected by 7th Circuit
An Indiana man who ended up being criminally charged as a result of a Michigan-issued warrant placing a GPS locator on another man’s car lost his appeal challenging the validity of the Indiana warrant used to search his home.
‘Pharma Bro’ Shkreli convicted at securities fraud trial
Martin Shkreli, the eccentric former pharmaceutical CEO notorious for a price-gouging scandal and for his snide “Pharma Bro” persona on social media, was convicted Friday on federal charges he deceived investors in a pair of failed hedge funds.
7th Circuit orders new sentencing hearing for man on death row
A man convicted in a triple homicide and subsequently sentenced to death will get a new sentencing hearing after the 7th Circuit Court of Appeals determined Friday the fact he was wearing a stun belt during the penalty phase of his trial may have impacted his jury.
Opinions Aug. 4, 2017
7th Circuit Court of Appeals
United States of America v. Douglas D. Jackson
15-3693
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller.
Criminal. Vacates Douglas Jackson’s conviction of one count of possessing a firearm in furtherance of a crime of violence. Finds 18 U.S. Code Section 924(c)(3)(B) is unconstitutionally vague. Remands for resentencing. Also finds the district court erred in enhancing Jackson’s offense level for being a manager or supervisor to the crime. Vacates the offense level enhancement on that charge and remands for resentencing.
7th Circuit affirms convictions in North Vernon drug conspiracy
An Indiana district court did not abuse its discretion in denying a group of defendants’ pretrial motions in a wide-ranging drug conspiracy case, nor was the evidence insufficient to support their convictions, the 7th Circuit Court of Appeals ruled Friday.
7th Circuit partially vacates sex trafficking convictions
The 7th Circuit Court of Appeals has vacated part of a man’s convictions for his involvement in a juvenile sex trafficking scheme, finding the statute under which he was convicted is unconstitutionally vague.
Pence hands over AOL emails from time as Indiana’s governor
Vice President Mike Pence has turned over emails from a private AOL.com account he used to conduct official business while he was Indiana's governor.
Supreme Court appoints judges pro tempore in Elkhart, Porter counties
Two Indiana senior judges will step into judge pro tempore positions this fall in the bench in Elkhart and Porter counties, the Indiana Supreme Court has announced.
Supreme Court amends appellate, administrative, Tax Court rules
Amendments handed down Thursday make a variety of changes to Indiana’s appellate, administrative and Tax Court rules, including amendments related to use of technology in the courts.
Divided COA upholds multiple ‘serious violent felon’ firearm convictions
An Indiana trial court did not err in convicting a man on multiple counts of being a serious violent felon in possession of a firearm because existing Indiana case law allows multiple SVF convictions for each firearm that is possessed, a divided Indiana Court of Appeals ruled Friday.
Jury awards $375K to woman alleging officer assaulted her
A U.S. District Court jury has awarded $375,000 to a Lake County woman who accused a police officer of sexually assaulting her.
Industrial crane, saw not subject to mortgage liens, COA affirms
An industrial crane and saw used to cut limestone are the personal property of a sawing company and can’t be claimed by a lender to satisfy liens on a foreclosed property owned by one of the owners of the sawing company, the Indiana Court of Appeals ruled Thursday.
7th Circuit orders hearing on competency, assistance of counsel
A federal court erred in denying a hearing for a man who claimed he was mentally incompetent to plead guilty to a firearm charge and received ineffective assistance of counsel.
Appellate court allows RV owners’ contracts case to continue
Although a couple alleging they were third-party beneficiaries to two contracts did not plead the existence of written contracts, the allegations were based on an oral contract and were sufficient to carry their case, the Indiana Court of Appeals ruled Thursday.
Legal community recalls Magistrate Judge LaRue as intelligent, big-hearted
The flags at the federal courthouses throughout the Southern District of Indiana are flying at half-staff Thursday in honor of Magistrate Judge Denise K. LaRue who died Wednesday. She was 59.
Opinions Aug. 3, 2017
Indiana Court of Appeals
11438 Highway 50, LLC, successor in interest to Regions Bank, successor by merger to Union Planters Bank, N.A., successor in interest to NBD Bank, N.A. v. Timothy John Luttrell
47A01-1702-PL-354
Civil plenary. Affirms the Lawrence Circuit Court’s Default Decree and Order on Plaintiff’s Motion to Award Surplus Property in favor of Timothy Luttrell. Finds the crane and saw are not fixtures subject to the lender’s mortgage liens.