2 Notre Dame players may avoid jail for marijuana arrests
Two Notre Dame football players arrested on marijuana charges may avoid jail time and criminal records after reaching plea bargains with prosecutors.
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ISP officer loses whistleblower appeal
State workers alleging retaliation for whistleblower activities must first exhaust all administrative remedies before suing, the Indiana Court of Appeals held Wednesday, affirming a trial court ruling against a 27-year Indiana State Police officer.
Opinions Nov. 2, 2016
Indiana Court of Appeals
David McCollough v. Noblesville Schools and Jeff Bryant
29A02-1512-CT-2181
Civil tort. Affirms on interlocutory appeal the denial of summary judgment to Noblesville Schools and Jeff Bryant on ex-basketball coach David McCollough’s defamation claim. Affirms summary judgment in favor of the defendants on McCollough’s other claims of intentional infliction of emotional distress, negligence, breach of contract, and tortious interference with a contract/business relationship.
Ex-coach’s defamation claim against Noblesville Schools continues
The common interest privilege does not protect an Indiana high school from a defamation claim brought by its former boys basketball coach based on an altered press released the school sent out after an incident during practice in 2014, the Indiana Court of Appeals ruled Wednesday.
COA denies correction of sentencing order in dismissal
Because the plain language of Indiana Trial Rule 41(B) states that a dismissal operates as an adjudication upon the merits, the Indiana Court of Appeals found there is no need to remand a man’s case to correct his sentencing order as he claimed.
US Supreme Court wants government’s take on copyright takedown case
The U.S. Supreme Court wants to hear more about the legal issues underpinning a dispute over a takedown notice sent to a mother who posted a 29-second video clip on YouTube of her toddler dancing to Prince's 1984 hit, "Let's Go Crazy."
8th Circuit upholds Warner Bros.’ legal victory over ‘Gone With the Wind’ merchandise
It might sound extraordinary, but a legal dispute over merchandise associated with The Wizard of Oz, Gone With the Wind and Tom and Jerry has been raging for more than a decade. On Tuesday, the 8th Circuit Court of Appeals revisited the dispute by affirming both a $2.57 million judgment and permanent injunction in favor of Warner Bros.
Brexit challenge ruling to be released Thursday, court says
A panel of senior judges will rule Thursday morning on a challenge to Prime Minister Theresa May’s Brexit plan, putting the case on track to reach the Supreme Court before she begins Britain’s exit from the European Union early next year.
Trial courts plan events to highlight, promote adoption
Twenty Indiana trial courts have planned events this month allowing cameras to document the placement of about 160 children with their adoptive parents.
Indiana Tech Law School dean argued for more time
The decision by the Indiana Tech board of trustees to close the university’s law school came after law school dean Charles Cercone repeatedly argued the institution could become viable if it remained open.
If Clinton wins, more in GOP say no to 9 on Supreme Court
The U.S. Supreme Court has existed with its full complement of nine justices for close to 150 years, no matter who occupied the White House. Now some Republican lawmakers suggest they would be fine with just eight for four years more rather than have Hillary Clinton fill the vacancy.
School district in Elkhart promises to nix live Nativity
A student and parents suing a school district in Elkhart over its annual holiday pageant are still seeking a court order preventing the school from reverting to old versions of the show that contain live Nativity scenes.
Indiana city wants to quickly resolve yard signs lawsuit
Officials in the southern Indiana city of Bedford say they hope to quickly resolve a resident's lawsuit that says a new yard sign law infringes on political expression.
4 Indiana cities ask judge to dismiss LGBT protections suit
Bloomington and three other Indiana cities have asked a Hamilton County judge to dismiss a lawsuit challenging local protections for lesbian, gay, bisexual and transgender people.
7th Circuit vacates brandishing sentence for lack of jury finding
A man convicted of attempted robbery in Indiana federal court will be resentenced after the 7th Circuit Court of Appeals found Tuesday that the jury failed to find that the defendant had actually aided and abetted the brandishing of firearms during the robbery.
Opinions Nov. 1, 2016
7th Circuit Court of Appeals
United States of America v. Deandre Armour
15-2170
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms Deandre Armour’s conviction for aiding and abetting using or carrying and/or brandishing a firearm during and in relation to a crime of violence but vacates the sentence on that count and remands for resentencing. Affirms the district court’s decision to sentence Armour as a career offender.
Democratic representative asks US Attorneys for added vigilance
A state representative is asking the U.S. Attorneys from the Northern and Southern District of Indiana for added vigilance against potential voter intimidation during the Nov. 8 election.
3 judges appointed to replace late Noblesville city judge
The Indiana Supreme Court has appointed three judges to temporarily replace a Noblesville city judge who died last month.
State appealing $31M judgment against DCS workers
The state of Indiana is asking the 7th Circuit Court of Appeals to review the $31 million jury verdict awarded to a Pulaski County family after they sued Department of Child Services workers and others for the wrongful removal of their children and prosecution of the parents.
COA panel takes oral arguments to Notre Dame
A panel of the Indiana Court of Appeals will hear oral arguments Wednesday at the University of Notre Dame Law School.