Trial postponed in case of alleged excessive force in Muncie
A judge has granted a long delay in the trial of three Muncie police officers who were charged in an investigation of excessive force.
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Critics look to pressure GOP over Indiana redistricting
A coalition of activist groups announced a new push Monday against what it called partisan gerrymandering by Indiana’s Republican-dominated Legislature. Efforts will include a “shadow” redistricting process with greater public input into redrawing the state House and Senate districts.
Supreme Court seems skeptical of Trump’s census plan
The Supreme Court sounded skeptical Monday that President Donald Trump could categorically exclude people living in the country illegally from the population count used to allot seats among the states in the House of Representatives.
Woman loses appeal of murder conviction over self-defense claim
The murder conviction of a woman whose voluntary manslaughter plea was rejected by a judge after the woman insisted she shot a man in self-defense was affirmed on appeal Monday.
Indiana commercial courts expanding to 4 more counties
| IL Staff
The Indiana judiciary is expanding its roster of commercial courts, adding four more counties to the program that started in 2016. The Indiana Supreme Court announced the new venues handling the specialized dockets Monday.
Opinions Nov. 30, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Dennis Troyer v. National Futures Association
20-1422
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan L. Collins.
Civil. Affirms summary judgment in favor of National Futures Association and denial of Dennis Troyer’s motion for summary judgment. Finds that NFA Bylaw 301 is not applicable in this case.
Appeals court affirms mental health commitment order
A man who was found walking barefoot two miles from his home with glass in his feet was not wrongly ordered committed, the Indiana Court of Appeals ruled Monday.
Appeals panel upholds murder, attempted murder convictions
A man who was among a group of armed, masked people who entered a house around 3 a.m. on a November morning four years ago leading to a fatal gun battle lost his appeal of murder and attempted murder convictions Monday.
Split COA affirms denial of claim against hospital in case tied to killing
The widow of a man who was killed by his grandson after numerous mental health treatments lost an appeal of a ruling against her negligence claims against health care providers Monday.
Reversal: Court can’t deny mother visitation without hearing
A mother was wrongly denied her petition for visitation with her daughter who is the subject of a guardianship, the Indiana Court of Appeals ruled Monday. The appellate court remanded the case to give the mother her day in court.
In affirming murder conviction, judge sees double jeopardy ‘dilemma’
The 65-year sentence of a man convicted of murder was affirmed Monday on appeal, but a judge wrote separately to “address a practical dilemma facing appellate courts, lawyers, and litigants” after recent appeals revised longstanding double jeopardy caselaw.
Molest sentence, convictions reduced due to late amended charges
The sentence of a man convicted of child molesting was reduced and some of his convictions were vacated Monday by the Indiana Court of Appeals, which found the filing of top-level felony counts two weeks before the trial began was an abuse of discretion.
Investor loses appeal of ruling in favor of futures association
A derivatives investor whose longtime association with a trader soured before the trader was barred from dealing in commodity futures lost his appeal of a ruling in favor of the entity that regulates those traders.
Hogsett tests negative, will quarantine after COVID-19 exposure
Indianapolis Mayor Joe Hogsett and his wife have both tested negative for COVID-19 but will continue quarantining after having close contact last weekend with an infected person, his office said Saturday.
High court takes up census case as other count issues loom
President Donald Trump’s attempt to exclude people living in the country illegally from the population count used to divvy up congressional seats is headed for a post-Thanksgiving Supreme Court showdown.
SCOTUS extends telephone arguments through January
The United States Supreme Court said last week it will continue to hear arguments by telephone through at least January because of the coronavirus pandemic.
High court blocks NY virus limits on houses of worship
With coronavirus cases surging again nationwide, the Supreme Court last week barred New York from enforcing certain limits on attendance at churches and synagogues in areas designated as hard hit by the virus.
7th Circuit again rules for buyer in long-running rubber-supply litigation
A dispute between a carbon buyer and seller has once again resolved in the buyer’s favor, with the 7th Circuit Court of Appeals finding the buyer was entitled to terminate a contract based on the seller’s breach.
Opinions Nov. 25, 2020
7th Circuit Court of Appeals
BRC Rubber & Plastics, Inc. v. Continental Carbon Company
20-1011
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan L. Collins.
Civil. Affirms the district court’s order for seller Continental Carbon Company to pay damages to buyer BRC Rubber & Plastics Inc. and the award of prejudgment interest to BRC for the cost of replacing lost supply at higher prices. Finds the district court properly applied Section 2-609 of the Uniform Commercial Code to find that the seller gave the buyer reasonable grounds for doubting that it would perform and that the seller repudiated by failing to provide adequate assurance that it would continue to perform. Also finds the court properly applied Section 2-712 to find that the buyer’s cover was commercially reasonable. Finally, finds the court did not err in awarding prejudgment interest.
Ruling barring Abercrombie & Fitch from closing Simon stores upheld
The Indiana Court of Appeals has affirmed a preliminary injunction for Simon Property Group that prevented retail-clothing store Abercrombie & Fitch from permanently closing stores in dozens of Simon malls.