COA reverses judgment for bank in credit card debt appeal
A bank has failed to prove that one of its customers is thousands of dollars behind on her credit card payments, the Indiana Court of Appeals ruled Thursday.
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Florida men tied to Giuliani arrested on campaign charges
Two businessmen tied to efforts by President Donald Trump’s lawyer to get Ukraine to investigate former Vice President Joe Biden and his son were charged Thursday with campaign finance violations in the U.S. The charges relate to a $325,000 donation to a political action committee supporting Trump’s re-election.
Federal agents shut down Indianapolis gun dealer, seize more than 300 firearms
| IL Staff
ATF and local law enforcement agents shut down an Indianapolis gun dealer accused of being operated by a felon banned from possessing or selling firearms. Authorities seized about 390 firearms Tuesday after the dealer’s operator was previously charged with violating federal firearms law.
Indianapolis man gets 53 years for murder of 1-year-old girl
An Indianapolis man has been sentenced to 53 years in prison for the fatal shooting of a 1-year-old girl and the wounding of her 19-year-old aunt.
Judge won’t dismiss case on wages of immigrant detainees
Washington state’s effort to force a privately run immigration jail to pay its detainees minimum wage for work they perform can continue after all, a federal judge in Tacoma ruled Wednesday.
Officer who resigned amid racial bias claims hired in Jeffersonville
A white Kentucky police officer who resigned amid allegations of racial bias has now been hired as an officer at a department in southern Indiana.
Officials find more fetal remains connected to late abortion doctor
Authorities in Illinois discovered additional fetal remains Wednesday stashed in a car that had belonged to a doctor who performed abortions in Indiana, a month after his death led to the discovery of more than 2,200 other sets of remains in his garage.
Sentence enhancement upheld in child sexual exploitation case
A man convicted of sexually exploiting a minor couldn’t convince the 7th Circuit Court of Appeals Wednesday that an enhancement to his sentence was not triggered by his prior state convictions for possession of child pornography.
Opinions Oct. 9, 2019
7th Circuit Court of Appeals
Alejandro Yeatts v. Zimmer Biomet Holdings, Inc.
19-1269
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Magistrate Judge Michael Gotsch, Sr.
Civil. Affirms the Northern District Court’s denial of Alejandro Yeatts’ motion for partial summary judgment against Zimmer Biomet Holdings, Inc. Finds statements provided by Biomet that Yeatts was suspended in connection with a corruption investigation against Biomet is not actionable defamation. Also finds Yeatts’ inability to prove the statement false demonstrates that it is a statement of opinion, beyond the reach of defamation law.
Mental health services center to open next year as first facility at justice center
A mental health services and addiction-treatment center planned for the city’s new Community Justice Campus will open years ahead of the new jail and courthouse facilities, Indianapolis Mayor Joe Hogsett announced Wednesday.
Placement of juvenile in DOC stands after appeal
A teenager now under the wardship of the Indiana Department of Correction lost arguments Wednesday that the decision to declare him a ward of the DOC was an abuse of discretion.
Indiana Lawyer Corporate Counsel Guide seeks submissions
| IL Staff
Corporate counsel, general counsel and attorneys representing entities of all kinds may now submit their information for the 2020 Corporate Counsel Guide, Indiana Lawyer’s exclusive annual directory of attorneys representing corporations, small businesses, nonprofits, government agencies and other organizations.
Reversal: Bank loses in lengthy foreclosure battle
The Indiana Court of Appeals reversed judgment awarded to a bank against a former homeowner who filed for bankruptcy, finding that because the man had been discharged of any liability on the mortgage, the judgment was in error.
7th Circuit: Corruption concerns regarding ex-Biomet employee not defamation
A former Biomet employee has lost his argument before the 7th Circuit Court of Appeals that he was defamed by his former employer when it included his name in a list for the Department of Justice as part of a corruption investigation.
Lawyer who owns Brown County’s Story Inn dies at 63
| IL Staff
Richard “Rick” Hofstetter, the lawyer-turned-businessman who operated the popular Story Inn in southern Brown County, died Oct. 1. He was 63.
Overhaul proposed for decades-old Medicare fraud rules
| Associated Press and IL Staff
The Trump administration on Wednesday proposed overhauling decades-old Medicare rules originally meant to deter fraud and abuse but now seen as a roadblock to coordinating better care for patients. Two former Indiana health care industry professionals are leading the proposed reforms.
Divided US Supreme Court weighs LGBT workers’ rights
A seemingly divided Supreme Court struggled Tuesday over whether a landmark civil rights law protects LGBT people from discrimination in employment, with one conservative justice wondering if the court should take heed of “massive social upheaval” that could follow a ruling in their favor.
Indiana woman gets 5 years in killing, body-dumping case
A woman who is one of five people charged in a torture-slaying has been sentenced to five years in prison.
Opinions Oct. 8, 2019
Indiana Supreme Court
Rodney W. Falls v. State of Indiana
19S-CR-557
Criminal. Grants transfer to reaffirm that a charge of stalking may be supported by conduct that is continuous in nature, even if it is a single episode. Finds that Rodney Falls’ conduct of following a college student by vehicle for more than two hours met the statutory definition of “continuing” harassment, thereby supporting his conviction in Kosciusko Superior Court of Level 6 felony stalking. Affirms the Indiana Court of Appeals’ opinion in all other respects.
Panelists urge counties to keep ‘open mind’ on pretrial release reform
Stakeholders from around Indiana shared experiences and expectations regarding pretrial release reform as the entire state moves toward a system less reliant on cash bail beginning in January.