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A consequential Indiana Court of Appeals ruling on an issue of first impression last month marked one of the first times state courts have been asked to reconcile civil rights with advancing technology. The question: considering the personal nature of the contents of a person’s smartphone, can an individual be forced to unlock a smartphone without violating the Fifth Amendment?
A 20-year-old state environmental law, oblique court decisions and a provision inserted seven years ago into the statute of limitations are coming together in a case from Elkhart that many environmental lawyers are hoping will finally settle lingering debates over when suits recouping cleanup costs may be filed.
Ohio River Valley Water Sanitation Commission members, including three from Indiana, are preparing to vote on a proposal that would sunset the organization’s pollution control standards. That proposal has yielded thousands of pages of public comments from proponents who say ORSANCO’s standards are redundant and, more significantly, from opponents who fear water quality in Indiana would suffer.
Most of us can recall when our caretakers made different parenting choices to achieve similar outcomes. Some embraced “tough love” where discipline and strictness set expectations. Others used gentler encouragement and allowed broader autonomy. Those parenting styles — the “tough” versus the “flexible” parent — are apt frameworks for comparing the Obama-era Clean Power Plan (CPP) and the Trump-era Affordable Clean Energy rule (ACE) approaches to carbon dioxide emissions limits for electric utility steam generating units (EGUs).
Indiana Court of Appeals
Whitesell Precision Components, Inc. v. Autoform Tool & Manufacturing, LLC
18A-PL-848
Civil plenary. Affirms the Marion Superior Court’s refusal to dissolve a preliminary injunction compelling Whitesell Precision Components to provide automotive component parts to Autoform Tool & Manufacturing, LLC, pending resolution of the merits of litigation between the parties. Finds the trial court did not abuse its discretion in its refusal.
The longest-serving U.S. district judge in the nation's history has died. Judge William Nealon of Scranton, Pennsylvania, died Thursday. He was 95 and had been appointed to the federal bench in 1962 by President John F. Kennedy.
The Indiana Court of Appeals upheld a decision denying the dissolution of a preliminary injunction involving two manufacturing companies, finding that if dissvoled, one company would be at risk of suffering irreparable harm.
Attorneys interested in filling vacancies on the Monroe Circuit Court and Terre Haute City Court have just days remaining to make their interest known. Wednesday, Sept. 5 is the deadline to submit applications for Gov. Eric Holcomb’s appointments to both positions.
Two Marion County children will no longer be considered children in need of services after the Indiana Court of Appeals reversed their CHINS adjudication, finding insufficient evidence to support the finding that their North Carolina-based father could not care for them.
An Indianapolis attorney who violated the terms of her Supreme Court-imposed probation must now serve the full length of her suspended discipline after failing to comply with her Judges and Lawyers Assistance Program monitoring agreement.
Increasingly convinced that the West Wing is wholly unprepared to handle the expected assault from Democrats if they win the House in November, President Donald Trump’s aides and allies are privately raising alarm as his circle of legal and communications advisers continues to shrink.
The Senate Judiciary Committee has added former Solicitor General Theodore Olson and former White House counsel John Dean to the list of witnesses who will testify next week in the confirmation hearings for Brett Kavanaugh to serve on the Supreme Court.
An Elkhart teenager has been sentenced to 64 years in prison for fatally shooting a woman after an argument with her daughter. The teen was convicted as an adult for firing the deadly bullet when he was 14.
The following 7th Circuit Court Court of Appeals opinion was posted after IL deadline on Wednesday.
Shameca Robertson v. Allied Solutions, LLC
17-3196
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses the district court’s dismissal for lack of jurisdiction of Shameca Robertson’s adverse-action claim. Finds Allied Solutions, LLC failed to follow Fair Credit Reporting Act obligations when it rescinded Robertson’s job offer without furnishing her a copy of that report on which it relied. Concludes Robertson’s alleged injury is concrete and enough to support Article III standing. Remands for further proceedings.
Two medical care providers at the Miami Correctional Facility have lost their bid to end an inmate’s Eight Amendment lawsuit after a district court judge found evidence to reasonably support the inference that the providers were deliberately indifferent to his excruciating foot pain.
The Indianapolis Catholic archbishop plans to publicly release the names of all the priests in his diocese who’ve faced substantiated allegations of child sexual abuse. The archdiocese of Gary on Tuesday released a list of 10 ex-priests deemed guilty of sexually abusing children.
The Environmental Protection Agency on Wednesday announced it has begun cleaning up a south-side Indianapolis property that has been soaked in hazardous waste for decades. The 1.35-acre property known as the AA Oil Site has been abandoned since 1993.
The Indiana State Bar Association recognized 18 members in Indianapolis on Thursday for their contributions to the legal profession and Indiana residents.
After a woman failed to receive a report as to why her job offer was rescinded, the 7th Circuit Court of Appeals reversed a district court’s dismissal of her adverse-action claim for lack of jurisdiction.
White House Counsel Don McGahn, a consequential insider in President Donald Trump’s legal storms and successes and a key figure in the administration’s handling of the Russia investigation, will be leaving in the fall, the president announced Wednesday. Trump praised McGahn as “a really good guy” who has done “an excellent job.”