Justices boost Trump administration’s power in asylum cases
The Supreme Court on Thursday strengthened the Trump administration’s ability to deport people seeking asylum without allowing them to make their case to a federal judge.
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Opinions June 26, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
Carmine Greene v. Westfield Insurance Company
19-2260
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Affirms summary judgment for Westfield Insurance in a lawsuit brought by Carmine Greene and neighbors of the VIM Recycling property in Elkhart, seeking an order that Westfield pay a $50.56 million environmental pollution damages judgment entered against VIM. Finds that summary judgment for Westfield was proper because two coverage exceptions in the insurance policy apply.
$479K judgment against Crown Point grocer in slip-and-fall case upheld
A jury verdict for a woman who was seriously injured in a fall on a snow-covered sidewalk outside a Crown Point grocery store was upheld Friday by the Indiana Court of Appeals.
Appeals court puts Indiana Grand horseman’s negligence case out to pasture
A horseman who claims he was injured after another rider’s horse got loose during training exercises at Indiana Grand Racing & Casino didn’t win, place or show Friday at the Indiana Court of Appeals.
COA rules trial court erred in grandparent visitation case
The Indiana Court of Appeals overturned a ruling that had prevented a couple from seeing their grandchild, finding the trial court’s grant of the mother’s petition to dismiss the paternity cause after the grandparents had intervened would likely extinguish their right to visitation.
Divided COA panel finds for woman wrongly told hepatitis test was negative
A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated Friday by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.
COA dismisses long-running suit from deaf litigant denied sign interpreter
A deaf man’s lawsuit that challenged the denial of a request for a sign language interpreter in a court-ordered family law modest means mediation was dismissed on appeal Friday.
Fort Wayne protesters sue police for ‘violent and inappropriate actions’
Protesters claiming Fort Wayne law enforcement fired teargas canisters, flashbang grenades and rubber bullets into peaceful demonstrations filed a lawsuit Friday in federal court seeking to stop the use of chemical agents and projectiles.
Insurer owes no coverage in $50M Elkhart damages ruling, 7th Circuit affirms
A federal court ruling in favor of the insurer of a wood processing facility in Elkhart that was the subject of years of environmental litigation brought by neighbors was affirmed Thursday. The 7th Circuit Court of Appeals held Westfield Insurance owed no duty to cover its insured against an environmental damages award of more than $50 million.
Motorcyclist fleeing police dies after crashing into semi
A motorcyclist fleeing police died early Thursday after crashing into the rear of a semitrailer on Interstate 80/94 in northwest Indiana, State Police said.
Indianapolis office manager gets 37-month sentence for embezzlement
An Indianapolis woman who embezzled nearly $540,000 from a company where she worked as controller and office manager for seven years has been sentenced to 37 months in federal prison.
Trump administration urges end to Affordable Care Act as pandemic surges
As coronavirus cases rise in more than half of the states, the Trump administration is urging the Supreme Court to overturn the Affordable Care Act. The administration’s high court filing Thursday came the same day the government reported that close to half a million people who lost their health insurance amid the economic shutdown to slow the spread of COVID-19 have gotten coverage through HealthCare.gov.
7th Circuit: Ineffective attorneys argument in fraud case deserves a hearing
After the 7th Circuit Court of Appeals vacated the district court’s denial of his motion to vacate his sentence, an Indiana man will have the chance to present his argument that if he had not followed the advice of his “constitutionally ineffective” lawyers and turned down a plea offer, his sentence would have been significantly less than the 92 months he received. One of the lawyers he accuses is now a magistrate judge.
Opinions June 25, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL daily deadline Wednesday.
David L. Day, Jr. v. United States of America
18-2398
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Criminal. Vacates the denial of David Day’s pro se motion for relief from his 92-month sentence under 28 U.S.C § 2255. Rules the U.S. District Court for the Southern District of Indiana erred by denying the motion without an evidentiary hearing to hear Day’s arguments that his private attorneys were constitutionally ineffective for advising him to reject a favorable plea offer. Notes that to have his motion granted, Day will have to show a “reasonable probability” that he would have received a sentence lower than 92 months. Remands for an evidentiary hearing.
Justices to review murder verdict overturned due to lawyer’s lie on jury form
| IL Staff
A Vanderburgh County jury’s guilty verdict in a murder case that was overturned on appeal because a lawyer who served as the jury forewoman lied on her jury questionnaire will be reviewed by the Indiana Supreme Court.
Divided appeals court orders dismissal of Michael Flynn prosecution
A divided federal appeals court on Wednesday ordered the dismissal of the criminal case against President Donald Trump’s former national security adviser Michael Flynn, turning back efforts by a judge to scrutinize the Justice Department’s extraordinary decision to drop the prosecution.
Judgment of $246K for Carmel landlord upheld in business lease dispute
A Carmel landlord was properly awarded damages of nearly $250,000 plus attorney fees in a dispute over unpaid office rent, the Indiana Court of Appeals ruled Thursday. The appellate court found no grounds for disturbing a Hamilton Superior Court’s judgment that discredited the tenant’s argument.
7/31 – Indiana Coalition Against Domestic Violence Satellite Attorney Recruitment & Training Program (virtual)
Program: The United States District Court for the Southern District of Indiana will sponsor a virtual training session for attorneys on modest means/pro bono representation of victims of domestic violence in Indiana. The goal of the training program is to increase attorney awareness and participation in the Indiana Coalition Against Domestic Violence’s (ICADV) Satellite Attorney […]
Judge orders Lawson to produce emails, documents on voting-machine security
A Marion Superior judge has ordered Indiana Secretary of State Connie Lawson to produce documents to back up her claim that the public should not see emails and other communications about the reliability and security of voting machines because they could jeopardize cyberterrorism security.
Purdue expels student for racist statements on social media
Purdue University President Mitch Daniels has expelled an undergraduate student for “racist and despicable” statements he made on social media. Purdue said in a news release Tuesday that Daniels determined that repeated statements posted by Maxwell Lawrence “appear plainly intended to incite others and therefore create a risk of public safety issues in the current environment.”