Senior judge named to replace Willis on bench
It’s a bit of musical chairs in Henry Circuit Court to fill the vacancy Judge Mary G. Willis will create when she leaves July 22 to become the Indiana Supreme Court’s new chief administrative officer.
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CPLI report highlights ‘crisis’ caused by school discipline practices
Describing the current disciplinary practices in Indiana school as creating “a crisis” that is disproportionately impacting African-American students, a new report is offering a framework for involving parents, educators, law enforcement and legislators to improve learning and reduce suspensions and expulsions in classrooms across the state.
Facebook sued for $1B for alleged use of medium for terror
Lawyers filed a $1 billion lawsuit against Facebook Inc., alleging it allowed the Palestinian militant Hamas group to use the platform to plot attacks that killed four Americans and wounded one in Israel, the West Bank and Jerusalem.
NCAA, ACC face head-injury suit from former UNC football player
A former University of North Carolina football player has sued the Atlantic Coast Conference and the NCAA in federal court in Indianapolis, claiming his life changed after hits he took in practice and on the field caused concussions.
Pacers’ legal tenacity on display in IRS fight
The legal fallout stemming from Melvin Simon’s decision to unload his half of the Indiana Pacers to his brother Herb just a few months before his September 2009 death is getting crazier by the day.
Indiana man on death row for 4 killings runs out of appeals
A Fort Wayne man who's been on death row since 1999 for killing his brother and three other men has exhausted his appeals.
Woman charged with trying to hire hit man to kill husband
A Gas City woman has been arrested after authorities say she tried to hire a hit man to kill her husband.
Indiana councilman seeks federal probe in man’s jail death
A Lake County councilman in is calling for a federal investigation into the death of a man at the county jail who had been arrested for speeding.
7th Circuit tosses legal fees suit arising from bankruptcy case
An unsecured creditor’s lawsuit against two law firms over legal fees collected for services provided to a bankrupt Fort Wayne company’s estate should not have proceeded, the 7th Circuit Court of Appeals ruled Friday.
Opinions July 8, 2016
Indiana Court of Appeals
Brad L. Sullivan v. State of Indiana
16A01-1512-CR-2175
Criminal. Reverses revocation of Sullivan’s community corrections placement. Based on the totality of the circumstances, including the nature of the violation – Sullivan’s commitment for mental health issues, and the sanction, an order he serve the sentence in the DOC – the trial court abused its discretion in finding his violation warranted revoking his community corrections placement. Remands for placement in community corrections.
401(k) fees are attracting more attention—from lawyers
Recent mega-settlements involving 401(k) lawsuits, along with a U.S. Supreme Court ruling last year that put plan fiduciaries on high alert about the need to continuously monitor plan investments, has encouraged more law firms to develop and expand their fiduciary litigation practices.
Astra faces off with FDA on copies of $7 million-a-day drug
AstraZeneca Plc is making a final push to protect a drug that makes $7 million a day in the U.S. against cheaper copies as pressure mounts on the U.K. drugmaker to meet its own projections of almost doubling revenue.
Plea agreement provision ‘constitutionally suspect,’ COA finds
A man who had taken steps to prepare for home detention but was committed for mental health reasons when he was to report to community corrections should not have been ordered to serve his sentence in the Department of Correction, the Indiana Court of Appeals ruled Friday.
Lack of evidence divides judges on false claims suit
Based on the evidence presented before it on a False Claims Act lawsuit brought by a labor union, the 7th Circuit Court of Appeals decided to affirm summary judgment in favor of the union member’s company. But the dissenting judge believed the record required remand for a trial.
Continuous crime doctrine requires reversal of 2 domestic battery convictions
Because the evidence showed a man’s acts of domestic violence against his now ex-wife constituted a single transaction for purposes of the continuing crime doctrine, the Indiana Court of Appeals reversed two of the man’s three convictions.
Supreme Court creates Tax Court Advisory Committee
The Indiana Supreme Court has established a committee to work with the Tax Court to implement reforms and recommendations from a task force created to examine the Tax Court.
Justices: Houseguest couldn’t consent to home search
The Indiana Supreme Court held Thursday that a houseguest at a home in which police discovered drugs did not have the apparent authority to consent to a search of the house.
Opinions July 7, 2016
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of: K.B., Minor Child, and L.B., Father v. The Ind. Dept. of Child Services (mem. dec.)
54A05-1601-JT-55
Juvenile. Affirms involuntary termination of father’s parental rights.
Anderson man indicted on fraud charges
A former Indiana Department of Correction officer has been indicted by a federal jury for committing wire fraud and making false declarations in a federal lawsuit.
No double standard in Clinton probe, FBI director says
Summoned before Congress and aggressively questioned by Republicans, FBI Director James Comey on Thursday strongly defended the government's decision to not prosecute Hillary Clinton over her private email setup. He said there was no evidence that she knew that anything she was doing was against the law or had lied to federal investigators.