Capp praised for work in U.S. Attorney’s Office
David Capp, who stepped down as U.S. Attorney for the Northern District of Indiana over the weekend, is being remembered as a lawyer’s lawyer who was loyal and had a clear sense of right and wrong.
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Opinions March 13, 2017
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Henry C. Wedemeyer and Martha L. Wedemeyer v. CSX Transportation, Inc.
15-3580
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Senior Judge Larry J. McKinney.
Civil. Affirms the district court’s grant of summary judgment to CSX Transportation on Henry and Martha Wedemeyer’s lawsuit seeking removal of CSX tracks and possession of the real property underlying the rail line. Finds that the Wedemeyers’ claims are pre-empted by the Interstate Commerce Commission Termination Act.
7th Circuit rules for CSX in landowner suit
The 7th Circuit Court of Appeals has ruled against a Roachdale couple’s claims against CSX Transportation Company after finding that CSX has not lost its easement to a portion of its railroad track adjacent to the couple’s property.
Gorsuch might be tough to predict on criminal justice cases
During a decade on the federal appeals court in Denver, Supreme Court nominee Neil Gorsuch has raised concerns about intrusive government searches and seizures that he found to violate constitutional rights. He generally has ruled against defendants appealing their convictions and those who claim they received unfair trials. But he also has warned in writings and speeches about the danger of having too many criminal laws on the books.
Strip club operator accused of exploiting dancers
A Colorado company that owns over a dozen strip clubs around the country, including in Indianapolis, is facing a federal lawsuit over allegations that it exploited its dancers by requiring them to pay fees in order to work.
Floyd County seeks to settle jail lawsuit for $1.23M
A southern Indiana county has proposed settling a federal class action lawsuit alleging inhuman conditions at its jail for $1.23 million.
Indiana lawmakers weigh banning so-called sanctuary campuses
As universities across the U.S. grapple with whether to adopt policies intended to protect students in the country without legal permission, Indiana lawmakers are weighing a proposal that would ban so-called sanctuary campuses.
Western Indiana police get training on handling mentally ill
Police officers in Terre Haute are among those taking a weeklong Crisis Intervention Training Program organized by local and state organizations to build stronger relationships between law enforcement, mental health agencies and the local chapter of National Association of Mental Illness.
Judges uphold dismissal of motion to set aside dissolution decree
The Indiana Court of Appeals has rejected a LaPorte County man’s appeal of the dismissal of his motion to set aside a dissolution decree, finding he did not follow the proper procedure to have his motion heard.
Opinions March 10, 2017
Indiana Court of Appeals
James E. Manley v. Keith Butts
33A05-1608-MI-1865
Miscellaneous. Reverses the Henry Circuit Court’s order dismissing James E. Manley’s petition for writ of state habeas corpus as an unauthorized successive petition for post-conviction relief. Because Manley’s habeas petition is challenging the validity of his convictions and sentence, Indiana Post-Conviction Rule 1(1)(c) requires that, under such circumstances, a trial court to transfer the petition to the court where the petitioner was convicted. Remands with instructions to the trial court to transfer the petition to Manley’s conviction court, the Monroe Circuit Court, where it shall be treated as a post-conviction petition.
IU Maurer BLSA in running for national award
The Black Law Student Association chapter at Indiana University Maurer School of Law is hoping its success in the Midwest carries over to the 49th Annual Convention of the National Black Law Students Association.
COA denies rehearing in Lake Michigan public trust case
The Indiana Court of Appeals won’t rehear its Dec. 7 decision finding that the public trust doctrine controls the shore of Lake Michigan between the ordinary high- and low-water marks, allowing people to walk the shore.
COA affirms summary judgment to GEICO in parking lot altercation
Summary judgment was properly granted to an insurance company that declined to cover the cost of a judgment entered against one of its clients because the client did not have an “active relationship” with the insured vehicle at the time of the incident, the Indiana Court of Appeals held Friday.
Trial court had no statutory authority to impose second public defender fee
The Marion Superior Court abused its discretion in imposing a second supplemental public defender fee on an indigent litigant because it lacked statutory authority to impose the fee, the Indiana Court of Appeals ruled Friday.
COA orders transfer of state habeas petition to Monroe County
The Henry Circuit Court must transfer a man’s petition for writ of state habeas corpus to Monroe County, where the man was convicted, after the Indiana Court of Appeals held Friday that Indiana Post-Conviction rules require the petition to be considered in the conviction court.
7th Circuit affirms denial of insurance coverage to Carmel communications group
The 7th Circuit Court of Appeals has ruled in favor of insurers who denied coverage to a Carmel-based communications company, finding that the communications group’s claims were properly denied and that it cannot split its claims against the insurers through two separate lawsuits.
2 northern Indiana law firms rebuilding after fires
Two northern Indiana law firms were destroyed by separate fires this past week, forcing attorneys to scramble to set up new offices and continue to serve clients.
Man accused of eating girlfriend to get mental evaluations
A southern Indiana man accused of killing his former girlfriend and eating parts of her body in 2014 will undergo psychiatric evaluations, despite his insistence that he's competent for trial.
Senate committee OKs Coats as national intelligence director
The Senate intelligence committee has voted to confirm President Donald Trump's pick for national intelligence director, advancing his nomination to the Senate floor.
The committee voted 13-2 in favor of former Indiana Sen. Dan Coats to replace James Clapper, who retired at the end of the Obama administration.
US House passes bill to restrict legal claims against companies
The U.S. House has approved a bill that would make it harder for individuals or groups to bring legal claims against companies in consumer disputes, employment discrimination cases and other areas.