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7th Circuit Court of Appeals
Kyle D. Alaura v. Carolyn W. Colvin
15-1727
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division
Chief Judge Philip P. Simon
Agency action. Reverses denial of application for total disability benefits, which was premature, and remands to the District Court for further consideration of Alaura’s claim.
A 7th Circuit Court of Appeals panel has split with each judge writing a separate opinion about a lawsuit brought by a student who defaulted on her school loans and then sued when the lending agency tacked on collection costs.
The city of Columbus Plan Commission did not abdicate its authority to a resident’s neighbors when it denied an application to subdivide a piece of property into three lots of about one acre apiece.
A jailed man’s 15 phone calls with his girlfriend urging her to have sex with her learning-disabled son to show he wasn’t gay were properly admitted as evidence that led to his conviction of conspiracy to commit child molesting.
Biotech drugmaker Amgen will pay $71 million to settle an investigation into illegal marketing of its drugs Aranesp and Enbrel, ending an investigation by 48 states and Washington, D.C.
Longtime Subway pitchman Jared Fogle has agreed to plead guilty to allegations that he paid for sex acts with minors and received child pornography that he knew had been secretly produced by the former director of his charitable foundation.
An Indiana legislative study panel heard testimony from a national advocate for DNA sampling who is urging them to expand testing to any person arrested for a felony.
An Indiana man who sustained long-lasting brain injuries after he was struck in the head with a barstool was improperly denied total Social Security disability benefits, the 7th Circuit Court of Appeals ruled Tuesday.
A former Lake County judge has formed a campaign committee to seek the Democratic nomination for Indiana attorney general.
Indiana Court of Appeals
Robert E. Helmer v. TLC Properties, Inc. (mem. dec.)
45A03-1501-PL-34
Civil plenary. Affirms summary judgment in favor of TLC Properties, record owner of an easement on property Helmer bought at a tax sale.
Christopher Spain v. State of Indiana (mem. dec.)
15A01-1502-CR-68
Criminal. Affirms convictions for Class B felony conspiracy to commit dealing Schedule III controlled substance and Class D felony conspiracy to commit theft.
In the Matter of the Termination of the Parent-Child Relationship of: S.M. & M.M. (minor children) and M.M. (mother) v. The Ind. Dept. of Child Services (mem. dec.)
49A02-1502-JT-97
Juvenile. Affirms termination of parental rights.
Warren David Berglund v. Victoria L. Schutzius (mem. dec.)
74A01-1409-PL-388
Civil plenary. Affirms order that Berglund become the sole owner of certain real estate subject to a lien in favor of Schutzius. Afirms order denying his counterclaims for breach of fiduciary duty, conversion and unjust enrichment.
Horizon Bank, N.A. v. Centier Bank (mem. dec.)
46A04-1409-MF-408
Mortgage foreclosure. Reverses denial of motion to set aside default judgment, finding the trial court abused its discretion because Horizon was entitled to relief from the judgment by demonstrating excusable neglect and a meritorious defense. Remands for proceedings.
Everett E. Powell, et. al v. Green Tree Servicing LLC (mem. dec.)
49A02-1411-MF-783
Mortgage foreclosure. Reverses denial of Powell’s motion seeking relief from the court’s summary judgment order, finding the trial court abused its discretion when it failed to provide Powell notice of the date and time of a rescheduled summary judgment hearing. Remands for proceedings.
Kenneth Jaquin Washington v. State of Indiana (mem. dec.)
45A03-1501-CR-11
Criminal. Affirms five-year sentence for conviction of Class C felony possession of cocaine.
7th Circuit Court of Appeals
Carlton Hart v. Christine Mannina, et al.
14-1347
Appeal from the District Court for the Southern District of Indiana, Indianapolis Division
Judge William T. Lawrence
Affirms grant of summary judgment in favor of Mannina, an Indianapolis Metropolitan Police Department detective, and other police defendants. Hart was arrested in a murder investigation recorded for the reality television series “The Shift,” but charges later were dismissed. He sued police and the city claiming various violations of his constitutional rights. Because police had probable cause to arrest him, summary judgment in favor of the defendants was neither an abuse of discretion nor actual and substantial prejudice.
Evidence from a forensic nurse was not improperly admitted in the trial of a man who was convicted of felony domestic battery against his girlfriend of 20 years.
Indiana Attorney General Greg Zoeller is seeking nearly $1 million in restitution from a former northern Indiana school district official and a business owner who were charged with an illegal kickback scheme.
Indianapolis Mayor Greg Ballard has detailed his proposed $1 billion city budget that seeks $200,000 to start equipping police officers with body cameras to record their interactions with suspects.
A man who was wrongly arrested and charged with murder by Indianapolis police whose investigation was being documented for the reality TV series “The Shift” lost his appeal in a civil rights lawsuit against police.
Indiana Court of Appeals
Uree Kincaid, Mark E. Kincaid, Denise Elaine Bryant, and the Unknown Heirs, Devisees, Legatees of Garland E. Kincaid v. Nationstar Mortgage, LLC. (mem. dec.)
32A01-1407-MF-322
Mortgage foreclosure. Reverses trial court denial of a motion for relief from default judgment. Remands for a determination on the merits.
In the Matter of the Termination of the Parent-Child Relationship of: K.C. and G.C. (Father) v. The Indiana Department of Child Services (mem. dec.)
39A01-1501-JT-18
Juvenile. Affirms termination of parental rights.
James Pitman v. State of Indiana (mem. dec.)
49A04-1501-CR-5
Criminal. Affirms convictions of Class B felony counts of rape and criminal deviate conduct; Class D felony counts of criminal confinement and intimidation; and Class A misdemeanor domestic battery.
7th Circuit Court of Appeals
Rebecca Riker v. Bruce Lemmon, in his official capacity, et al.
14-2910
Appeal from the United States District Court for the Southern District of Indiana
Judge Tanya Walton Pratt
Civil. Reverses District Court grant of summary judgment in favor of defendants on Riker’s claim that she was improperly denied permission to marry a Department of Correction inmate. Riker is a former contract employee at Wabash Valley Correctional Facility who was terminated after a sexual relationship with an inmate. The District Court erred in granting summary judgment and concluding the DOC’s denial of her request for a one-time visit to participate in a marriage ceremony did not violate her constitutional right to marry.
Attorney James Dimos, a member at Frost Brown Todd LLC in Indianapolis and past president of the Indiana State Bar Association, has been hired as deputy executive director of the American Bar Association.
An intellectual property lawsuit between gunmakers “has grown into a Dickensian monstrosity,” a federal judge wrote Friday, criticizing parties for “peevishness.”
A divided Indiana Supreme Court declined to hear an appeal from a northwest Indiana software company that unsuccessfully sued former employees it claimed divulged trade secrets to a competitor.