Man acquitted of murder in Lafayette art teacher’s slaying
A man accused of killing a Lafayette elementary school art teacher has been acquitted of murder and other charges.
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Fired lab worker loses discrimination appeal
The 7th Circuit Court of Appeals has affirmed summary judgment for an Indiana laboratory after finding a former employee failed to prove his employment termination was based on his age and his filing of two claims with the Equal Employment Opportunity Commission.
Opinions July 13, 2017
7th Circuit Court of Appeals
Gary Jet Center, Inc. v. AFCO AvPorts Management LLC, et al.
16-1233
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms the dismissal of Gary Jet Center Inc.’s claim alleging violation of the Contracts Clause of the U.S. Constitution. Finds legislative power was not used to deny Gary Jet’s remedy for breach of a 2007 lease.
Trump tests legal limits by delaying dozens of Obama’s rules
It typically takes years for presidents to kill federal regulations they dislike, but Donald Trump has found a shortcut: He’s just putting them on long-term hold.
US hits 50,000 refugee cap, but some others still allowed in
The U.S. has reached the Trump administration's limit of 50,000 refugees for this budget year. That won't stop some additional refugees from entering the United States in the next few months, but they will now face tighter standards.
7th Circuit sends contractual claims back to state court
A fixed based operator stationed at the Gary/Chicago International Airport must pursue its contractual claims against the airport authority in state court, as the FBO failed to present a constitutional claim that could be considered in federal court, the 7th Circuit Court of Appeals ruled Thursday.
Lawsuit seeks to block Indiana voter data from Trump panel
Two groups are suing the Indiana secretary of state's office in an effort to block the release of voter data requested by a White House commission investigating President Donald Trump's allegations of widespread voter fraud.
7th Circuit vacates plea, reverses 15-year sentence for illegal possession of a firearm
An Indiana man’s 15-year sentence for possession of a firearm in violation of the Armed Career Criminal Act has been reversed after the 7th Circuit Court of Appeals determined one of the man’s prior convictions did not constitute a violent felony and, thus, did not qualify him for a sentence above the 10-year statutory maximum.
Supreme Court remands attempted murder case for reconsideration
A Bloomfield man convicted of felony attempted murder will not get a new trial after the Indiana Supreme Court decided his case instead warranted reconsideration by trial court.
15 in Indiana face Medicaid fraud indictments topping $1M
Fifteen people around Indiana have been indicted on Medicaid fraud-related charges, Attorney General Curtis Hill’s office announced Thursday, as part of a national crackdown involving state and federal agencies. The indictments alleged more than $1 million in fraud to Medicaid resulting from illegal activities from false billing and prescription abuses to money laundering.
ABA committee to consider gender identity protections, additional school locations
The Standards Review Committee of the American Bar Association’s Section of Legal Education and Admissions to the Bar will consider adding protections based on gender identity and ethnicity to existing rules at its Saturday meeting in Chicago.
FBI nominee says Trump-Russia probe is no ‘witch hunt’
Breaking with the president, the lawyer Donald Trump picked to lead the FBI declared Wednesday that he does not believe a special counsel investigation into possible coordination between Russia and the Trump election campaign is a "witch hunt."
Opinions July 12, 2017
Indiana Court of Appeals
James E. Saylor v. State of Indiana
39A01-1701-MI-90
Miscellaneous. Affirms the Jefferson Circuit Court’s order granting the state’s motion for judgment on the pleadings. Finds the trial court did not err in ruling on state’s Rule 12(C) motion without an evidentiary hearing. Also finds there is no error in the state’s order granting the motion for judgment on the pleadings. Finally, finds it is clear from the face of James E. Saylor’s complaint that under no circumstances could the relief he sought be granted.
Judge rules for National Lampoon, against fraudster Durham
National Lampoon will have to get in line with other victims who are owed millions after Indianapolis Ponzi scheme mastermind Tim Durham looted more than $208 million from investors in Ohio-based Fair Finance Co. Any recovery by the comedy conglomerate following a Monday court ruling is likely to assist Fair Finance victims.
COA rejects declaratory relief petition challenging molestation convictions
A southern Indiana man cannot seek declaratory relief after he was convicted on multiple counts of child molesting because the Indiana Court of Appeals found his challenge to be an attempt to circumvent Indiana’s established appellate procedures.
State, DuPont both get partial victories in appeal of assessments
The Indiana Tax Court has granted partial summary judgment to the Indiana Department of State Revenue and a Delaware-based industrial, agricultural and manufacturing business after finding both parties erred in their filing and assessments of 2005 through 2007 tax returns.
Agreement stops Marion County Sheriff from holding immigrants for ICE
An agreement between the American Civil Liberties Union of Indiana and the city of Indianapolis will stop the Marion County Sheriff’s Department from detaining immigrants for the federal government.
DCS caseworker must face damages trial in illegal search suit
A federal judge ruled against a Department of Child Services case manager who illegally searched an Indianapolis veterinarian’s apartment after receiving a report of suspected child abuse or neglect. The case manager now must face a damages trial in the vet’s civil suit against her.
Sessions said to target opioid care in crackdown on fraud
Attorney General Jeff Sessions is poised to announce a major law enforcement action this week targeting health-care fraud, focusing on opioid treatment programs exploiting Obamacare insurance plans, according to two people familiar with the matter.
FBI nominee Wray pledges the `impartial pursuit of justice’
Christopher Wray pledged “the impartial pursuit of justice” if confirmed as FBI director, as senators focused on his ability to pursue investigations independently against the backdrop of revelations about a meeting the president’s son held with a Russian lawyer during last year’s campaign.