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7th Circuit upholds denial of disability benefits based on expert testimony

July 14, 2021 | Olivia Covington

An administrative law judge’s reliance on expert testimony in denying a claim for disability benefits was proper because the claimant suffered from both exertional and nonexertional limits, the 7th Circuit Court of Appeals has ruled.

Opinions July 14, 2021

July 14, 2021

7th Circuit Court of Appeals

Mike Butler v. Kilolo Kijakazi, Acting Commissioner of Social Security
20-3187
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.

Civil. Affirms the denial of Mike Butler’s request for disability insurance benefits under Title II of the Social Security Act. Finds the administrative law judge did not fail to consider Butler’s age. Also finds the ALJ followed the procedures that are appropriate to a case such as this one in which exertional and nonexertional impairments impede the claimant’s ability to perform some jobs within a category. Finally, finds any error in the district court’s failure to recite expert testimony as to the number of jobs available to Butler to Indiana was harmless.

8/25 – Diversity, Equality and Responsibility: Women in Power (Indianapolis)

Speakers: • Hon. Martha Blood Wentworth, Indiana Tax Court • Tavonna Harris Askew, Health and Hospital Corporation of Marion County • Gina Giacone, Ice Miller LLP • Erin Lewis, Indiana University Health Date: Wednesday, August 25, 2021 Time (local time): 4:00 pm – 6:00 pm Credit hours: 1.0 General CLE Cost: Click here or visit […]

8/26 – Labor & Employment Supreme Court Update (hybrid event – Indianapolis)

Speaker: • Deborah Widiss, Indiana University Maurer School of Law Date: Thursday, August 26, 2021 Time (local time): noon – 1:30 pm Credit hours: 1.5 General CLE Cost: Click here or visit www.indybar.org for program costs Location: in-person: IndyBar HQ, 140 N Illinois St, Indianapolis, IN 46204 virtual via Zoom (A Zoom link will be […]

8/24 – For(m) Better or For(m) Worse (hybrid event – Indianapolis)

Speaker: • Morgan Decker, Rubin & Levin PC • Jane Glynn, Glynn Law LLC Date: Tuesday, August 24, 2021 Time (local time): 4:00 pm – 5:00 pm Credit hours: 1.0 General CLE Cost: Click here or visit www.indybar.org for program costs Location: in-person: IndyBar HQ, 140 N Illinois St, Indianapolis, IN 46204 virtual via Zoom […]

8/19 – What to Know About Supported Decision-Making Agreements (hybrid event – Indianapolis)

Speaker: • Melissa Keyes, Indiana Disability Rights Date: Thursday, August 19, 2021 Time (local time): 4:00 pm – 5:00 pm Credit hours: 1.0 General CLE Cost: Click here or visit www.indybar.org for program costs Location: in-person: IndyBar HQ, 140 N Illinois St, Indianapolis, IN 46204 virtual via Zoom (A Zoom link will be included in […]

Judge grants The GOAT another hearing to determine if Carmel bar can stay in business

July 14, 2021 | Kurt Christian, Indianapolis Business Journal

The GOAT restaurant and bar has won the latest round in its legal fight with Carmel, but the victory might prove to be short-lived.

FBI director: Slain Terre Haute cop did what ‘needed to be done’

July 14, 2021 | Associated Press

A veteran Indiana police officer who was killed in an ambush outside of an FBI field office last week was a valued member of an FBI task force for more than a decade, the agency’s director said at the officer’s funeral Tuesday.

Judge appoints attorney for man in Gary bank guard’s killing

July 14, 2021 | Associated Press

A federal magistrate appointed a public defender for a man during his first court appearance in the June killing of a security guard shot to death outside a Gary bank during a robbery.

Appeals court: Dealers can sell handguns to 18-year-olds

July 14, 2021 | Associated Press

A federal law that for more than 50 years has banned licensed firearms dealers from selling handguns to young adults between ages 18 and 21 is unconstitutional, a federal appeals court ruled Tuesday.

8/17 – So Your Client Wants to Move Across the Country? (webinar)

Speakers: • Mag. Andrew Bloch, Hamilton Superior Court • Mag. Marie Kern, Marion Superior Court Date: Tuesday, August 17, 2021 Time (ET): noon – 1:00 pm Credit hours: 1.0 CLE (distance education credit) Cost: Click here or visit www.indybar.org for program costs Location: live webinar via Zoom conferencing (An access link will be emailed to […]

8/12 – The Reckoning: Exploring Race-Based Issues in “Zoey’s Extraordinary Playlist” (hybrid event – Indianapolis)

Speakers: • Norris Cunningham, Katz Korin Cunningham • Kristen Matha, Ice Miller LLP • Danielle Neal Price, Barnes & Thornburg LLP • Matthew Serf, Indiana University Robert H. McKinney School of Law Date: Thursday, August 12, 2021 Time (ET): 4:00 pm – 6:00 pm Credit hours: 1.0 CLE (distance education credit) Cost: Click here or […]

8/11 – Tips from the Bench for Federal Employment Litigation(hybrid event – Indianapolis)

Speakers: • Hon. James P. Hanlon, U.S. District Court for the Southern District of Indiana • Hon. Doris L. Pryor, U.S. District Court for the Southern District of Indiana Date: Wednesday, August 11, 2021 Time (ET): noon – 1:00 pm Credit hours: 1.0 CLE (distance education credit) Cost: Click here or visit www.indybar.org for program […]

Indy lawyers argue they should not be penalized for representing Trump in Wisconsin election challenge

July 13, 2021 | Marilyn Odendahl

In its fight to fend off $145,000 in sanctions for filing a lawsuit challenging the November 2020 election results in Wisconsin, the Indianapolis law firm of Kroger Gardis & Regas is arguing that Wisconsin Gov. Tony Evers’ motion to recover attorney fees and costs is “deeply flawed” and an attempt to score “political points by making unsupported claims.”

Ex-music teacher who refused to follow Brownsburg Schools’ transgender name policy loses on religious discrimination claims

July 13, 2021 | Katie Stancombe

A former Brownsburg music teacher who resigned after refusing to abide by a school policy on how to address transgender students has lost his bid for partial summary judge on his religious discrimination claims against the school district.

Opinions July 13, 2021

July 13, 2021

Indiana Court of Appeals

In re the Matter of D.L. (Minor Child), M.L. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JC-2108
Juvenile CHINS. Affirms the adjudication of father M.L.’s minor child, D.L., as a child in need of services. Finds M.L. has not established that his due process rights were violated or that the juvenile court abused its discretion when it refused to take judicial notice of his pending post-conviction relief petition. Also finds the Department of Child Services proved D.L. is a CHINS.

Allen Superior Court seeks to return $282K in foreclosure surplus funds

July 13, 2021 | IL Staff

Dozens of former Allen County property owners are entitled to surplus funds following the foreclosure of their homes, the Allen Superior Court announced Tuesday. The court is now seeking to locate those property owners and return the funds.

Mourners remember veteran Terre Haute officer killed in ambush

July 13, 2021 | Associated Press

The funeral Tuesday for 53-year-old Terre Haute police Detective Greg Ferency was held at Indiana State University’s Hulman Center basketball arena. Several hundred people attended a visitation at the arena Monday for Ferency, who was a 30-year police veteran.

Trump lawyers might be penalized over Michigan election case

July 13, 2021 | Associated Press

A federal judge considering whether to order sanctions against some of former President Donald Trump’s lawyers spent hours Monday drilling deeply into details about an unsuccessful lawsuit that challenged Michigan’s 2020 election results.

FDA adds warning about rare reaction to J&J COVID-19 vaccine

July 13, 2021 | Associated Press

U.S. regulators on Monday added a new warning to Johnson & Johnson’s COVID-19 vaccine about links to a rare and potentially dangerous neurological reaction, but said it’s not entirely clear the shot caused the problem.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

  • Will Trump’s interest in reclassifying marijuana push Indiana toward legalization?

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