Google, Oracle meet in SCOTUS copyright clash at Supreme Court
Tech giants Google and Oracle are clashing at the United States Supreme Court in a copyright dispute that’s worth billions and important to the future of software development.
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Democrats ask if more material omitted from Barrett response
Democrats on the Senate Judiciary Committee are calling on the Justice Department to provide any missing materials from a questionnaire completed by Supreme Court nominee Amy Coney Barrett. Confirmation hearings for the 7th Circuit Court of Appeals judge and Notre Dame law professor remain scheduled to begin next week.
7th Circuit affirms restrictions on absentee voting; judge stays injunction in noon deadline case
The effort to allow all Hoosiers to vote by absentee ballot in the November presidential election has been blocked by the 7th Circuit Court of Appeals which, in an echo of the state’s argument, found Election Day is too close to make any changes now. In a separate case, a judge temporarily stayed pending appeal an order blocking an Indiana law that requires absentee ballots be received by noon to be counted.
ISBA members vote ‘yes’ to appellate judges’ retention
| IL Staff
Each of the seven Indiana appellate judges up for retention this year have received favorable recommendations from members of the Indiana State Bar Association. The state bar released results of its retention survey Wednesday morning.
Rush now negative for COVID-19, Supreme Court says
| IL Staff
Indiana Chief Justice Loretta Rush has tested negative for COVID-19, the Indiana Supreme Court said in a statement Tuesday, a little more than three weeks after she disclosed she had tested positive for the disease.
High court reinstates S. Carolina ballot witness requirement
The Supreme Court of the United States on Monday reinstated a requirement that South Carolina residents voting by mail in November’s election get a witness to sign their ballots.
Opinions Oct. 6, 2020
The following 7th Circuit opinion was posted after IL deadline Monday:
Lorraine Beeler v. Andrew M. Saul
19-2099
Appeal from the United States District Court for the Southern Division of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the decision of the U.S. District Court for the Southern District of Indiana upholding the application of the windfall elimination provision by the Social Security Administration to Lorraine Beeler and the court’s grant of summary judgment to the agency. Finds the agency correctly ruled that plaintiffs’ Canadian employment was noncovered under the Social Security Act, and thus the provision applied to reduce their Social Security benefits. Circuit Judge Amy St. Eve dissents with opinion.
7th Circuit splits in dual citizen’s challenge to reduction of U.S. Social Security benefits
A split 7th Circuit Court of Appeals panel affirmed a grant of summary judgment to the Social Security Administration on Monday in a class-action suit brought by a Canadian woman with dual citizenship who alleged her U.S. Social Security benefits were wrongly reduced based on similar benefits she receives from Canada.
AG candidate profile: Weinzapfel says attorney general should be about policy, not politics
Democratic former Evansville Mayor and lawmaker Jonathan Weinzapfel said if elected attorney general, his actions would be based on policy, not politics, and Hoosiers’ best interests. Read Weinzapfel’s recent Q&A with Indiana Lawyer’s sibling publication, the Indianapolis Business Journal.
AG candidate profile: Rokita says he’ll be an ‘aggressive’ attorney general
Republican former Congressman and Secretary of State Todd Rokita vows to continue a conservative approach but would emphasize partnerships if elected attorney general. Read what Rokita had to say in a recent Q&A with Indiana Lawyer’s sibling publication, the Indianapolis Business Journal.
7th Circuit declines to answer Barrett COVID diagnosis questions
News in recent days that Supreme Court nominee Judge Amy Coney Barrett of the 7th Circuit Court of Appeals this summer had COVID-19 was overwhelmed by President Donald Trump’s diagnosis and hospitalization, and a 7th Circuit spokesman said Tuesday the court would have no comment on Barrett’s earlier case.
Police shoot southern Indiana man after domestic disturbance
Police responding to a domestic disturbance at a southern Indiana home shot and critically wounded an armed man early Monday after he refused to drop the weapon, state police said.
Infected senator vows ‘moon suit’ to vote for Barrett
Shuttered by COVID-19 infections, the Republican-led Senate is refusing to delay confirmation of President Donald Trump’s pick for the Supreme Court. They are even willing to make special arrangements so sick senators can vote for Judge Amy Coney Barrett, and Democrats appear powerless to stop them.
Trump, still infectious, back at White House — without mask
President Donald Trump staged a dramatic return to the White House after leaving the military hospital where he was receiving an unprecedented level of care for COVID-19. He immediately ignited a new controversy by declaring that despite his illness the nation should not fear the virus that has killed more than 210,000 Americans — and then he entered the White House without a protective mask.
2 justices slam court’s 2015 decision in gay marriage case
The United States Supreme Court, already poised to take a significant turn to the right, opened its new term Monday with a jolt from two conservative justices who raised new criticism of the court’s embrace of same-sex marriage.
SCOTUS rejects petition to hear Indiana Right-to-Farm dispute
A protracted dispute between a concentrated animal feeding operation in Hendricks County and its neighbors ended Monday with the U.S. Supreme Court denying certiorari to the nearby homeowners who claimed the odor from the 8,000 hogs disrupted their lives and diminished their health.
Opinions Oct. 5, 2020
The following Indiana Supreme Court opinion was posted after IL deadline Friday.
Dawn Riddle and Matthew Riddle v. Dennis Cress, Haley Wilkerson, and Helen Cress
20S-PL-573
Civil plenary. Grants transfer and affirms the trial court’s decision to set aside the default judgment for Dennis and Helen Cress and the Cresses’ granddaughter, Haley Wilkerson. Finds that “the trial court’s assessments of the parties’ credibility and demeanor are the type of fact-sensitive judgments that may not be second-guessed under the deferential standard of appellate review and, here, are sufficient to establish at least ‘slight evidence’ of excusable neglect.” Remands to Johnson Superior Court for further proceedings consistent with the opinion. Justice Geoffrey Slaughter dissents, believing transfer should be denied.
COA remands adoption to find why father’s consent not required
The Indiana Court of Appeals has remanded an adoptive mother’s granted petition to adopt her wife’s three children, finding that the trial court failed to make any findings that would support dispensing with their father’s consent.
Supreme Court: Text, email notifications available for courts to contact jurors
| IL Staff
Indiana trial courts can now send text and email reminders, cancellations, and rescheduling notices to jurors, the Indiana Supreme Court announced on Friday.
AG Hill appeals ruling blocking noon Election Day absentee receipt law
Attorney General Curtis Hill’s office is appealing a judge’s ruling that absentee ballots postmarked by Nov. 3 must be counted. Meanwhile, the state acknowledged in its filing that election officials are taking steps to count those ballots if the judge’s order stands.