Appellate court rules for insurer in coverage dispute
Summary judgment has been upheld for an insurer who denied coverage on the basis of an invalid lease, even though the insurer had partially granted coverage when the claim was originally filed.
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Indianapolis man pleads guilty to hate crime at neighbor
An Indianapolis man has pleaded guilty to federal hate crime and weapons charges after threatening a Black neighbor.
COVID-19 lawsuit immunity bill heads to Holcomb
Legislation that aims to protect businesses from COVID-19-related lawsuits is heading to Gov. Eric Holcomb’s desk.
Aggravated battery conviction overturned on double jeopardy grounds
A man who broke into his ex-girlfriend’s home and shot the woman and her daughter will have his aggravated battery conviction and related sentence vacated on double jeopardy grounds. Like others before it, the case raised questions about the application of the Indiana Supreme Court’s new substantive double jeopardy analyses.
Appellate court increases attorney fee award in second appeal of employment dispute
The former employee of a medical device manufacturer has once again prevailed in a years-long employment case, with the Indiana Court of Appeals ordering an increase in the amount of attorney fees the employer must pay its former employee.
HOA tax refund dispute to stay in trial court for now, COA rules
Despite being based in Indiana tax law, a motion to compel Marion County taxing officials to rule on refund requests by two homeowners associations must continue in trial court until a final determination on the refunds is reached.
Snow closes courthouses in Indianapolis, Southern Indiana District
| IL Staff
The U.S. District Court for the Southern District of Indiana is closing all federal courthouses Feb. 16 because of the winter storm dumping heavy snow throughout much of Indiana. Likewise, many state courts also closed, including Marion Superior and Circuit Courts.
LSC seeking $350 million to $500 million in additional funding
| IL Staff
The Legal Services Corporation, which supports legal aid agencies across the country including Indiana Legal Services, is asking the federal government for hundreds of millions in supplemental funding, saying low-income Americans are being hit especially hard by the economic devastation from the pandemic.
Deputy prosecutor to succeed Borges on Marion Superior bench
| IL Staff
A Marion County deputy prosecutor has been named the newest member of the Marion Superior Court bench.
COA affirms denial of birth mother’s consent argument in adoption dispute
A birth mother unsuccessfully argued that her consent was required for her daughter’s aunt and uncle to adopt the child, the Indiana Court of Appeals ruled Monday.
Opinions Feb. 15, 2021
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
20-3245
Petition for a writ of mandamus. Issues a writ of mandamus directing the Southern Indiana District Court to rescind the transfer order of Kevin Hall’s case to the Middle District of Florida after Hall was transferred from a federal prison in Indiana to a federal prison in Florida, thus returning the case to the Southern District of Indiana. Finds that Hall’s case is similar to Ex parte Endo, thus requiring transfer back to Indiana. Also finds that mandamus is the proper vehicle for obtaining review of a transfer decision. Finally, finds that Hall does not have an adequate remedy available through his pending motion under 28 U.S.C. § 2255, and that Hall did not need to show prejudice before pursuing his venue challenge.
COA overturns forfeiture judgment, but splits on allowing owners to use seized cash for defense
Summary judgment for the state has been overturned in an action seeking to forfeit nearly $9,000, with a majority of judges holding that owners of seized property can used seized cash to help fund their defense. A dissenting judge, however, thinks that ruling exceeds statutory limits.
7th Circuit issues writ of mandamus returning Florida inmate’s case to Indiana court
A federal inmate who was transferred from an Indiana prison to a facility in Florida will continue his habeas proceedings in Indiana federal court after the 7th Circuit Court of Appeals issued a writ of mandamus in the inmate’s favor.
7th Circuit upholds convictions, sentences in international drug scheme based in Indy
Two Hoosiers convicted for their roles in an international drug trafficking organization failed to convince the 7th Circuit Court of Appeals that their convictions and sentences were inappropriate.
Court wrongly denied pretrial home detention, COA rules
An 18-year-old woman who allegedly drove a getaway car for accomplices involved in an armed burglary was wrongly found to be a risk to the safety of the alleged victim, the Indiana Court of Appeals ruled Monday. The panel ordered the teen remain held on pretrial home detention with GPS monitoring.
Indiana Secretary of State Lawson announces resignation
Indiana Secretary of State Connie Lawson on Monday announced plans to resign from office after Gov. Eric Holcomb “selects a successor and the successor is ready to serve.” Lawson, 71, is the longest-serving secretary of state in Indiana history. She was appointed to the office by then-Gov. Mitch Daniels in March 2012 and was elected in 2014 and 2018.
Indianapolis art museum apologizes for ‘white’ job listing
The Indianapolis Museum of Art at Newfields has apologized for a job listing seeking a new director who would maintain the museum’s “traditional, core, white art audience.”
Roche Diagnostics whistleblower wins $3.6M in settlement agreement
A former manager at Roche Diagnostics Corp. who filed a whistleblower lawsuit against the Indianapolis-based company two years ago has won $3.625 million as her reward in a $12.5 million settlement agreement.
On Parkland massacre anniversary, Biden calls for tougher gun laws
President Joe Biden joined a Florida community Sunday in remembering the 17 lives lost three years ago in the Parkland school shooting massacre.
Support grows for Capitol riot inquiry after Trump acquittal
After former President Donald Trump’s acquittal at his second Senate impeachment trial, bipartisan support appears to be growing for an independent Sept. 11-style commission into the deadly insurrection that took place at the U.S. Capitol.