Report: Indiana too quick to clear Amazon in worker’s death
Indiana’s safety agency prematurely released Amazon from citations and fines in the death of a warehouse employee who was crushed by a forklift, a federal investigation has found.
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Allen County to hire outside lawyers for sheriff’s suit
A northeastern Indiana county will hire outside attorneys to defend its sheriff in a lawsuit stemming from his altercation last year with a teenage boy during a festival.
IMPD officers fire pepper balls at protesters amid calls for investigation, conversations
| Associated Press and IL Staff
Indianapolis police fired pepper balls Saturday to disperse a crowd as they arrested a man during a protest near the location where an officer fatally shot a 21-year-old black man days earlier.
Opinions May 8, 2020
7th Circuit Court of Appeals
USA v. Shon L. Gibson
19-1402
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa Springmann.
Criminal. Affirms the indictment against Shon Gibson for charges of possessing with intent to distribute methamphetamine and being a felon in possession of a firearm. Finds the evidence seized from his home pursuant to a search warrant was not obtained as a result of Fourth Amendment violations.
COA upholds millions in damages for centrifuge company against ex-employees
The Indiana Court of Appeals has affirmed an award of millions to a centrifuge company after two of its former employees took thousands of protected files in the creation of their own startup competitor company.
State reports 643 more COVID-19 cases as testing hits new high
The Indiana State Department of Health on Friday said the number of positive cases for COVID-19 in the state has risen to 23,146 following the emergence of 643 more cases.
7th Circuit upholds meth charges after wife’s tip
An indicted man whose wife tipped law enforcement about drugs in their home did not convince the 7th Circuit Court of Appeals that evidence revealed from a search warrant based on her insight violated the Fourth Amendment.
IU student files class-action suit seeking COVID-19-related damages
An Indiana University student has sued the school in a proposed class-action suit, arguing that while the university did the right thing by closing campuses amid the COVID-19 pandemic, students are entitled to refunds “for services not received.”
ISBA offering law firms reopening guidance amid COVID-19
| IL Staff
The Indiana State Bar Association is offering attorneys and law firms suggestions on reopening their practices amid the COVID-19 pandemic.
Democratic candidate for governor announces former state lawmaker as running mate
Democratic gubernatorial candidate Woody Myers has selected a former state lawmaker to be his lieutenant governor candidate.
Justice Department dropping Flynn’s Trump-Russia case
In an abrupt about-face, the Justice Department said it is dropping the criminal case against President Donald Trump’s first national security adviser, Michael Flynn, abandoning a prosecution that became a rallying cry for the president and his supporters in attacking the FBI’s Trump-Russia investigation.
Protests in Indianapolis after police kill 3 in separate incidents
Protesters crowded the streets of Indianapolis on Thursday to voice concerns about police treatment after officers shot and killed two men and fatally struck a pregnant pedestrian in three separate incidents just hours apart.
Indiana greenlights July bar exam as one-day test
The Indiana Supreme Court will be offering the bar exam in July, but the normal two-day, in-person test will be condensed to a one-day exam that will be given remotely, the court announced.
Former northern Indiana judge accused of defrauding estates
A one-time Jasper County judge is accused of multiple counts of attorney misconduct related to his representation of two elderly clients’ estates, potentially involving the misappropriation of hundreds of thousands of dollars to his law firm, an office employee and a family member after the clients died.
Unanimous US Supreme Court throws out ‘Bridgegate’ convictions
A unanimous United States Supreme Court on Thursday threw out the convictions of two political insiders involved in the “Bridgegate” scandal that ultimately derailed the 2016 presidential bid of then-New Jersey Gov. Chris Christie. The justices found evidence of deception, corruption and abuse of power in the scheme, but said “not every corrupt act by state or local officials is a federal crime.”
Indianapolis chief: No bodycam video of 2 police shootings
Indianapolis’ police chief said Thursday that none of the officers involved in the fatal police shootings of two men killed hours apart in separate incidents were equipped with body cameras. Events surrounding the first shooting were livestreamed on Facebook, leading to protests.
Opinions May 7, 2020
7th Circuit Court of Appeals
Acheron Medical Supply, LLC v. Cook Medical Incorporated
19-2315, 19-2410
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence.
Civil. Affirms the Southern District Court’s conclusion that while Acheron Medical Supply, LLC breached a distribution agreement and that Cook Medical Incorporated did not, the plaintiff was not liable for its breach. Finds the district court correctly held Cook had no obligation to submit to the VA audit or deactivate its DAPA. Finds the district court correctly held that Acheron breached the agreement by not obtaining the FSS but was not liable for that breach due to the force majeure provision.
7th Circuit affirms ruling for Cook in medical-supply dispute
Despite arguments from both sides, the 7th Circuit Court of Appeals affirmed a lower court’s ruling that while a medical supply company breached a distribution agreement with a medical supply manufacturer, the former was not liable for the breach.
Reversal: DCS failed to take reunification steps in TPR case
An Indiana Court of Appeals panel has reversed for two parents in a termination of parental rights case after finding that reasonable efforts were not made by the Department of Child Services to reunify them with their children.
Jackson County Courthouse Nativity scene violates First Amendment, judge rules
A Nativity scene displayed on the lawn of the Jackson County Courthouse violates the First Amendment’s Establishment Clause, a federal judge has ruled, entering an injunction prohibiting the county’s as-is display of the Christian Christmas scene.
