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Supreme Court allows evictions to resume during pandemic

August 27, 2021 | Associated Press

The Supreme Court’s conservative majority is allowing evictions to resume across the United States, blocking the Biden administration from enforcing a temporary ban that was put in place because of the coronavirus pandemic.

Petition to rehear FNHRA fails at 7th Circuit

August 26, 2021 | Marilyn Odendahl

The 7th Circuit Court of Appeals has rejected a petition for a rehearing filed by the Health and Hospital Corporation of Marion County, letting stand a decision that found patients can enforce the rights outlined in the Federal Nursing Home Reform Act.

9/9 – Your Client Wants to Sell? How to Effectively Market Their Business (webinar)

Speaker: • Jamar Cobb-Dennard, Alerding Castor LLP Date: Thursday, September 9, 2021 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Click here or visit www.indybar.org for program costs Location: via Zoom A link to access the program the day of the webinar will be included in your registration confirmation email. […]

9/2 – Napa Know-How: Learn About Wine Law and Winemaking (Indianapolis)

Speakers: • Scott Burton, Peace Water Winery • N. Davey Neal, Clark Quinn Moses Scott & Grahn LLP Date: Thursday, September 2, 2021 Time (local time): 4:00 pm – 6:00 pm Credit hours: 1.0 General CLE Cost: Click here or visit www.indybar.org for program costs Location: Peace Water Winery 747 N College Ave, Ste B, […]

9/1 – Recent Developments in Sports and Entertainment Law: Hot Topics and Reconnecting (Indianapolis)

Speakers: • Jimmie L. McMillian, Indianapolis Motor Speedway •  Kyle K. Fairchild, Horizon League Date: Wednesday, September 1, 2021 Time (local time): 4:30 pm – 5:30 pm Baseball game follows CLE program Credit hours: 1.0 General CLE Cost: Click here or visit www.indybar.org for program costs Location: IndyBar HQ 140 N Illinois St, Indianapolis, IN […]

Opinions Aug. 26, 2021

August 26, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:


Jose Andrade v. City of Hammond, Indiana, et al.
20-1541
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Theresa L. Springmann.

Civil. Reverses the dismissal of Jose Andrade’s federal complaint against the City of Hammond, the Hammond Board of Public Works and Safety and several Hammond employees. Finds Rooker-Feldman does not bar federal-court jurisdiction because Andrade’s claims concern the defendants’ actions separate from any state-court judgment. Remands for further proceedings. Chief Judge Diane Sykes concurs with separate opinion.

Not-for-profit legal services collective considers $7M HQ project in Zionsville

August 26, 2021 | Kurt Christian, Indianapolis Business Journal

Indianapolis-based Charitable Allies Inc., a not-for-profit legal aid law firm that serves not-for profits, and its sister consultancy, Allies4Good, presented a letter of intent to the Zionsville Redevelopment Commission on Monday indicating their interest in building a joint headquarters at 10903 Creek Way.

AES Indiana sues insurers over coal-ash cleanup liability

August 26, 2021 | John Russell, Indianapolis Business Journal

AES Indiana is suing more than a dozen insurance companies, claiming they have refused to indemnify and defend the utility for coal-ash environmental cleanup that could exceed $177 million at three generating plants.

Gary man to testify against co-defendants in 2 teens’ deaths

August 26, 2021 | Associated Press

A Gary man has pleaded guilty to a reduced charge and agreed to testify against two co-defendants charged in the fatal shootings of two teenage boys slain last year in northwest Indiana.

Capitol Police officers sue Trump, allies over insurrection

August 26, 2021 | Associated Press

U.S. Capitol Police officers who were attacked and beaten during the Capitol riot filed a lawsuit Thursday against former President Donald Trump, his allies and members of far-right extremist groups, accusing them of intentionally sending a violent mob on Jan. 6 to disrupt the congressional certification of the election.

9/23 – Applied Professionalism for the New Attorney (hybrid event – Evansville)

Date: Thursday, September 23, 2021 Time (local time): 8:00 am – 4:00 pm Credit hours: 6.0 General CLE / 6.0 Ethics (or 6.0 applied professionalism) Cost: 0-3 years in practice $0     EBA member, $100 non-member 4+ years in practice $190 EBA member $310 non-member Click here to register. Location: In-person: Evansville Bar Association, 915 […]

Citizen cartographers asked to help with redistricting

August 26, 2021 | IL Staff

Hoosiers are being invited to try their skills at drawing legislative and congressional maps as part of the ongoing push by civic organizations in Indiana to have more public involvement in the redistricting process.

7th Circuit rules district court had jurisdiction over dispute previously decided in state courts

August 26, 2021 | Olivia Covington

An Indiana federal court has jurisdiction over a dispute between a northern Indiana apartment owner and city officials, even though that dispute was already adjudicated in state court, the 7th Circuit Court of Appeals ruled Wednesday.

Lawyers allied with Trump penalized over Michigan lawsuit

August 26, 2021 | Associated Press

Nine lawyers allied with former President Donald Trump face financial penalties and other sanctions after a judge Wednesday said they had abused the court system with a lawsuit that challenged Michigan’s election results in favor of Joe Biden.

Jailed ex-officer in murder plot beaten to death

August 26, 2021 | Associated Press

A former Bureau of Prisons officer who was serving time behind bars for an inappropriate sexual relationship with an inmate and a plot to kill his wife, as well as a separate plot to kill a federal agent who was investigating him, has been beaten to death at a federal prison in Indiana, two people familiar with the matter told The Associated Press.

Mexico undecided on reinstating ‘remain in Mexico’ policy

August 26, 2021 | Associated Press

Mexico’s Foreign Relations Department refused to say Wednesday whether the government will allow the U.S. to reinstate the “remain in Mexico” policy of sending asylum seekers back across the border to wait for hearings on asylum claims.

Report: Most federal election security money remains unspent

August 26, 2021 | Associated Press

Congress provided hundreds of millions of dollars to shore up the nation’s election system against cyberattacks and other threats, but roughly two-thirds of the money remained unspent just weeks before last year’s presidential election.

Feds report most rental assistance has still not gone out

August 26, 2021 | Associated Press

States and localities have only distributed 11% of the tens of billions of dollars in federal rental assistance, the Treasury Department said Wednesday, the latest sign the program is struggling to reach the millions of tenants at risk of eviction.

Opinions Aug. 25, 2021

August 25, 2021

Indiana Court of Appeals
James M. Prater, III v. Harris & Sons Landscaping, LLC
21A-SC-7
Small claims. Affirms the Marion County Small Claims Court’s award of damages and attorney fees following its judgment for James M. Prater III on his claim against Harris & Sons Landscaping LLC. Finds Prater has not shown that the $300 attorney fee award is either contrary to the logic and effect of the facts and circumstances before the small claims court or that it misinterpreted the law.

Hammond man convicted in slayings of woman, her son, 13

August 25, 2021 | Associated Press

A northwest Indiana man has been convicted in the fatal shootings of a Gary woman and her 13-year-old son who were slain in their home during a 2019 robbery.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

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