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Dems renew questions about FBI background check of Kavanaugh

July 23, 2021 | Associated Press

Senate Democrats are raising new concerns about the thoroughness of the FBI’s background investigation of Supreme Court Justice Brett Kavanaugh after the FBI revealed that it had received thousands of tips and had provided “all relevant” ones to the White House counsel’s office.

Hoosiers invited to provide comments, suggestions at redistricting meetings

July 22, 2021 | Associated Press and IL Staff

The Indiana General Assembly will be hosting a series of meetings around the state in August to get public input on the upcoming redistricting process prior to the congressional and state legislative maps being redrawn.

Experts: Spend opioid settlement funds on fighting opioids

July 22, 2021 | Associated Press

As a $26 billion settlement over the toll of opioids looms, some public health experts are citing the 1998 agreement with tobacco companies as a cautionary tale of runaway government spending and missed opportunities for saving more lives.

Opinions July 22, 2021

July 22, 2021

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday.

Joseph McCavitt v. Kilolo Kijakazi, Acting Commissioner of Social Security
20-2727
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the rejection of Joseph McCavitt’s petition for Social Security disability benefits for his child, N.A.M. Rejects McCavitt’s argument that N.A.M., is disabled by attention deficit hyperactivity disorder, intellectual limitations, oppositional defiant disorder, and nocturnal enuresis and that his son’s conditions meet, or are functionally equivalent to three of six “domains of functioning”. Agrees with the ALJ and Indiana Northern District Court’s finding that N.A.M. did not meet any of the listings and has a marked limitation in only one functional category. Finds substantial evidence supports that conclusion.

Dinsmore expands Indianapolis office by 15% through lateral hires

July 22, 2021 | Marilyn Odendahl

Months after its entry into the Indiana market, Dinsmore & Shohl has grown its Indianapolis office by 15% in recent weeks with the addition of six attorneys.

State dismisses murder case against Elkhart man with mental disability following release last year

July 22, 2021 | Olivia Covington

A criminal case has been dismissed against an Elkhart man with a mental disability who was convicted of a 2002 murder but who won his release from prison last year.

Indiana RV manufacturer prevails in breach of warranty suit brought by frustrated customer

July 22, 2021 | Katie Stancombe

A peaceful retirement on the road wasn’t meant to be for a man whose experience with a recreational vehicle made by an Indiana company went flat following dozens of unresolved defects. But the 7th Circuit Court of Appeals ruled for the RV’s manufacturer, finding no issue with an instruction given to a jury in a suit against the RV maker.

7th Circuit: Child with ADHD, other conditions not entitled to disability benefits

July 22, 2021 | Katie Stancombe

A Hoosier child with several intellectual limitations is not considered disabled and therefore doesn’t qualify to receive benefits from the Social Security Administration, the 7th Circuit Court of Appeals has ruled.

Indiana expected to get $507 million from opioid settlement

July 22, 2021 | Associated Press

Indiana will receive $507 million as part of a multistate agreement to settle a lawsuit against opioid distributors designed to bring relief to people struggling with addiction to the drug, officials said Wednesday.

Ex-South Bend housing authority director indicted for alleged fraud

July 22, 2021 | Associated Press

The former executive director of a northern Indiana city’s housing authority has been indicted along with four others in a scheme that allegedly defrauded the U.S. government of millions of dollars.

Pelosi bars Trump allies, including Banks, from Jan. 6 probe; GOP vows boycott

July 22, 2021 | Associated Press

House Speaker Nancy Pelosi cited the “integrity” of the probe in refusing Wednesday to accept the appointments of Indiana Rep. Jim Banks, picked by McCarthy to be the top Republican on the panel, or Ohio Rep. Jim Jordan.

Garland launches gun trafficking strike forces in 5 cities

July 22, 2021 | Associated Press

Attorney General Merrick Garland will launch gun trafficking strike forces in Chicago, New York, Los Angeles, San Francisco and Washington, D.C. The effort will include stepped-up enforcement in so-called supply areas — cities and states where it’s easier to obtain firearms that are later trafficked into other cities with more restrictive gun laws.

50-year war on drugs imprisoned millions of Black Americans

July 22, 2021 | Associated Press

Fifty years ago this summer, President Richard Nixon declared a war on drugs. Today, with the U.S. mired in a deadly opioid epidemic that did not abate during the coronavirus pandemic’s worst days, it is questionable whether anyone won the war. Yet the loser is clear: Black and Latino Americans, their families and their communities.

Opinions July 21, 2021

July 21, 2021

7th Circuit Court of Appeals

City of Fishers, Indiana v. DIRECTTV
20-3478
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.

Civil. Affirms the Southern Indiana District Court’s abstention under the teachings of Levin v. Commerce Energy, Inc., 560 U.S. 413 (2010) from a case brought by several Indiana cities against Netflix and other video streaming platforms alleging they owe the cities past and future franchise fees under an Indiana statute. Finds the district court properly abstained and that it did not err by applying the Levin abstention factors.

 

Federal court properly abstained from franchise fees fight between Indiana cities, streaming platforms

July 21, 2021 | Katie Stancombe

The Southern Indiana District court is in the clear after it abstained from a lawsuit filed by several Indiana cities against popular streaming services like Netflix and Hulu. The 7th Circuit Court of Appeals in a Wednesday decision found the district court acted properly in removing itself from the fight.

COA again affirms on rehearing in ex-Anthem exec’s suit

July 21, 2021 | Katie Stancombe

Members of the Indiana Court of Appeals haven’t changed their minds in a case involving a firmed Anthem executive’s failed appeal of a jury verdict for the insurance company, granting a rehearing only to clarify its ruling to his raised contentions.

IU students taking vaccine mandate fight to 7th Circuit, seeking stay of enforcement

July 21, 2021 | Olivia Covington

A group of Indiana University students is taking a challenge to the school’s COVID-19 vaccine mandate to the 7th Circuit Court of Appeals after an Indiana district court declined to enjoin the mandate. The students are also asking federal judges to stay enforcement of the mandate while the appeal proceeds.

Case dropped against dead woman in Indiana hit-and-run case

July 21, 2021 | Associated Press

Prosecutors dropped their case against an Indiana woman who was charged in a hit-and-run crash during a southern Indiana protest last summer after learning she died in Colorado earlier this year.

Bodies driven to Gas City Town Hall after apparent murder-suicide

July 21, 2021 | Associated Press

A man apparently fatally shot his wife and then himself in an SUV operated by a relative who drove the bodies to a northeastern Indiana town hall, police said.

Married Elkhart officers who accessed man’s assets suspended

July 21, 2021 | Associated Press

A northern Indiana police officer has been demoted and suspended without pay after an investigation found that he and his wife, also an officer, gained access to the financial assets of a man his wife first met through official police business.

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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

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

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

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

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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