Supreme Court splits 3-2, denies transfer in custody case
A mother’s appeal arguing that she was wrongly denied an evidentiary hearing on her petition to modify custody of her daughter was rejected last week by a divided Indiana Supreme Court.
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Opinions Nov. 6, 2017
Indiana Supreme Court
In the Matter of: Robert Neary
46S00-1512-DI-705
Disciplinary. Suspends Robert Neary for at least four years without automatic reinstatement. Finds Neary, a former LaPorte County deputy prosecutor, committed attorney misconduct by eavesdropping on confidential attorney-client communications, among other things.
Court puts brakes on ordering Kammen to military trial
Indianapolis criminal defense attorney Richard Kammen won a reprieve Friday when the U.S. District Court for the Southern District of Indiana halted a military commission’s order that he continue representing a terrorism suspect held at Guantanamo Bay, Cuba.
Judge puts off removing ex-Trump aides from house arrest
A federal judge said Monday that she was inclined to remove from house arrest two former aides to President Donald Trump’s campaign, but she would not do so until receiving more detailed financial information from them.
Menendez lawyer assails bribery case in closing to jury
The bribery case against Sen. Bob Menendez and a wealthy friend is built on assumptions and speculation and is devoid of evidence of an actual criminal agreement, the Democrat’s attorney told jurors in closing arguments Monday in Newark, New Jersey.
Indiana man accused of stealing, selling railroad bridge
He asked, they told him no, but he did it anyway, authorities say, accusing a scrap-metal dealer of taking apart an abandoned railroad bridge and selling the metal for $18,000.
COA to hear arguments in Columbus
The Indiana Court of Appeals will be traveling south this week to hear oral arguments in Bartholomew County.
Panel backs banning local restrictions on Airbnb rentals
The Indiana Legislature could again consider prohibiting cities and towns from putting restrictions on short-term rental services such as Airbnb.
AG Sessions to meet with Indianapolis anti-violence group
U.S. Attorney General Jeff Sessions is visiting Indianapolis today to meet with members of a group known for its campaigns to stem violence in crime-plagued neighborhoods.
East Chicago homeowners sue companies over lead, arsenic
Thirty-eight homeowners in East Chicago have filed a lawsuit claiming the lead and arsenic contamination caused by former manufacturing operations near their neighborhood have decreased the value of their homes and inflicted emotional distress.
Opinions Nov. 3, 2017
The following Indiana Supreme Court opinion was posted after IL deadline Thursday.
Suzanne E. Esserman v. Indiana Department of Environmental Management
49S02-1704-PL-189
Civil plenary. Affirms dismissal of Suzanne E. Esserman's suit seeking damages under Indiana’s False Claims and Whistleblower Protection Act against the Indiana Department of Environmental Management, which fired her after she said she inquired about questionable state expenses. Majority holds Indiana has not abrogated common-law sovereign immunity for non-tort claims premised on the violation of a statute. Justice Steven David dissents, writing the plain language of "employer" covered by the act includes the state.
Court upholds Indianapolis Land Bank fraud convictions
Two men convicted in an elaborate fraud scheme involving the Indianapolis Land Bank have lost their federal appeal, with the 7th Circuit Court of Appeals ruling Friday there was sufficient evidence to support their multiple fraud convictions.
Supreme Court to hear legal malpractice, marijuana cases
The fate of a legal malpractice claim will be decided by the Indiana Supreme Court next week after the justices hear oral arguments to decide whether the claim can continue. Justices also will hear a case challenging the probable cause that led to a man’s conviction after discovery of a marijuana grow.
Magistrate judge slams ‘troubling trend’: lawyers ignoring orders
Note to lawyers with cases in the Southern District of Indiana: don’t give the overworked judicial officers cause to call you out for missing deadlines or shrugging off orders. Magistrate Judge Tim A. Baker did just that in a blistering two-page order issued Friday.
130-lawyer Chicago firm opens northwest Indiana office
A 25-year-old Chicago-based law firm has announced the opening of its first office in the Hoosier State to serve its industrial and manufacturing clients in northwestern Indiana.
Mueller estimates 3-week trial for Manafort, Gates
Court documents show Special Counsel Robert Mueller thinks it will take three weeks to present a case against ex-Trump campaign officials Paul Manafort and Rick Gates.
International court may allege Afghanistan war crimes
The chief prosecutor for the International Criminal Court in The Hague, Netherlands, said Friday she is seeking an investigation of alleged war crimes committed in the war in Afghanistan, an unprecedented probe that could involve U.S. troops.
Justices rule state immune to ex-IDEM worker’s whistleblower claim
A divided Indiana Supreme Court has found that the state is immune from a non-tort claim made by a former state employee under the Indiana False Claims and Whistleblower Protection Act.
Suit: Military defense counsel detained for excusing attorney Kammen
Accused terrorist Abd al-Rahim Hussein al-Nashiri has asked a federal court to stop his criminal proceedings at Guantanamo Bay, claiming the federal government is denying his right to qualified counsel during a death penalty case. The suit alleges his lead defender in his military trial at Guantanamo Bay, Cuba, has been sentenced to to 21 days of confinement.
Woman’s health care fraud, ID misuse convictions upheld
The 7th Circuit Court of Appeals has upheld a woman’s convictions for health care fraud and misusing an identity. The panel determined the district court properly handed down indictments and admitted evidence to allow the government to prove the woman was involved in a plan to defraud Indiana’s Medicaid program.