Justices uphold Katrina fraud verdict against State Farm
A unanimous U.S. Supreme Court on Tuesday upheld a jury verdict that State Farm Fire and Casualty Co. committed fraud against the federal government after 2005's Hurricane Katrina.
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7th Circuit rules Duke Energy must pay for wind-generated power
The 7th Circuit Court of Appeals reversed a district court decision Tuesday requiring Duke Energy to pay for power generated by a local wind farm only if it passes to a lower grid, deciding instead that the energy company is contractually obligated to pay for any generated power regardless of transmission issues.
Opinions Dec. 6, 2016
7th Circuit Court of Appeals
Gillian Berger, et al. v. National Collegiate Athletic Association, et al.
16-1558
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms district court decision to grant the appellees’ motion to dismiss, holding that student-athletes are not employees and are not entitled to a minimum wage under the Fair Labor Standards Act. Judge David Hamilton concurs with separate opinion.
Indiana attorney illegally practicing in Florida suspended for 18 months
An Indiana attorney who was illegally practicing law in Florida has been suspended in Indiana for 18 months without automatic reinstatement.
Divided COA says trial court must hold hearing on order to pay
A Floyd County trial court cannot order debtors to make monthly payments toward a mortgage, taxes and insurance premiums in a foreclosure case without first holding a hearing on the debtors’ ability to pay, a divided Indiana Court of Appeals held Tuesday.
US Supreme Court upholds broad power to curb insider trading
A unanimous U.S. Supreme Court is siding with the government in a legal clash over the nation's insider trading laws. It's a victory for prosecutors seeking to curb corruption on Wall Street.
High court sides with Samsung in patent dispute with Apple
A unanimous Supreme Court of the United States on Tuesday sided with smartphone maker Samsung in its high-profile patent dispute with Apple over design of the iPhone.
Some Indiana employers abiding by overtime rule, even though it’s in limbo
The Obama administration’s new overtime rule is held up in federal court, but that hasn't stopped some Indiana employers from instituting changes to comply with the law.
7th Circuit rules student-athletes aren’t considered ‘employees’
Collegiate athletes cannot be considered university employees and, thus, are not eligible for minimum wage pay, the 7th Circuit Court of Appeals ruled Monday, affirming a district court decision that dismissed a lawsuit brought against the NCAA.
Opinions Dec. 5, 2016
Indiana Court of Appeals
Andre Anderson v. State of Indiana
49A02-1511-CR-1947
Criminal. Reverses Andre Anderson’s conviction of Level 5 felony carrying a handgun without a license after he appealed the admission at trial of a handgun found pursuant to a search of his car following his arrest. Finds that the search of Anderson’s jacket was not lawful as a search incident to arrest or an inventory search and, thus, the Marion Superior Court abused its discretion when it admitted the handgun into evidence.
Seminar honors esteemed South Bend attorney
The St. Joseph County Bar Foundation will host Monday the first of what is planned to be a recurring seminar to honor a longtime attorney and ensure that his legacy of courtesy and respect continues.
Notre Dame Tax Clinic to receive federal grant
The Notre Dame Law School will receive a federal grant to help fund its recently launched tax clinic.
COA reverses handgun conviction because officer didn’t follow protocol
A police officer did not follow the proper protocol for conducting an inventory search of a detainee’s car, thus making the search impermissible under state and federal constitutions and prohibiting the admittance of any evidence obtained through the search.
AG-elect Hill’s chief deputy to succeed him as prosecutor
Republicans in northern Indiana's Elkhart County have selected Attorney General-elect Curtis Hill's chief deputy to succeed him as prosecutor.
Justices deny transfer of CHINS ADA case with 3-2 vote
The Indiana Supreme Court has denied transfer of a case in which a father argued that the Department of Child Services’ failure to comply with the American with Disabilities Act when providing discretionary services should void the termination of his parental rights. However, two justices dissented from that decision, writing that DCS should always be required to comply with the ADA.
7th Circuit affirms murder, racketeering convictions despite government error
Despite improper statements made by the government during closing arguments of a trial, the 7th Circuit Court of Appeals affirmed the defendant’s murder and racketeering convictions, writing that the statements constituted harmless error.
Indiana Supreme Court grants transfer in parental rights case
Indiana’s highest court has agreed to hear a case regarding the termination of two parents’ rights to their children, with the father arguing that his rights should be restored because the Indiana Department of Child Services failed to file the termination petition within the required legal time frame.
Supreme Court takes up cases about race in redistricting
The Supreme Court of the United States is taking up a pair of cases in which African-American voters maintain that Southern states discriminated against them in drawing electoral districts.
Jury selection begins in high-profile Saints star’s death
Conflicts settled by gunfire are tragically common in New Orleans, but there was nothing routine about this one: The dead man was retired football player Will Smith, a star on the 2006 Saints team who helped lift the stricken city's spirits with a winning season after Hurricane Katrina, and played with the team when it won the franchise's only Super Bowl three seasons later. Jury selection begins Monday in the trial of the man accused in his killing after a road-rage incident.
2 Indiana men sentenced to prison for biodiesels fraud
Two Indiana men have been sentenced to prison for their roles in what federal authorities say was a multi-million dollar fraud scheme involving biofuels.