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Summary judgment affirmed for machine rental company in negligence case

A machine rental company did not owe a duty to train or offer to train a man who later died while using the boom lift on how to use the equipment and, thus, was entitled to summary judgment on a negligence claim brought by his estate, the Indiana Court of Appeals has ruled.

7th Circuit affirms summary judgment for INDOT on ADA discrimination claim

A former employee of the Indiana Department of Transportation failed to prove he was fired due to his post-traumatic stress disorder diagnosis, so a district court judge properly granted INDOT summary judgment on the employee’s discrimination claims, the 7th Circuit Court of Appeals determined Monday.

Opinions Sept. 18, 2017

7th Circuit Court of Appeals
Jeff Monroe v. Indiana Department of Transportation and Joe McGuinness
16-1959
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the district court’s grant of summary judgment to the Indiana Department of Transportation and Joe McGuinness. Finds Jeff Monroe failed to provide sufficient evidence that the reason for his termination was pretextual. Also finds Monroe failed to establish similarly situated employees were treated differently than he was.

McVeigh prosecutor to speak at annual Shepard lecture

Larry Mackey, the former federal prosecutor in the Oklahoma City bombing case, will be the featured speaker for the annual Randall T. Shepard Lecture Series hosted by the Evansville Bar Association.

Minkler gets nod from Judiciary Committee

The U.S. Senate Judiciary Committee approved by a unanimous voice vote Thursday the nomination of Joshua Minkler to continue to be the U.S. attorney for the Southern District of Indiana.

Bankruptcy Court seeking comment on proposed amendments

In order to comply with national requirements for Chapter 13 bankruptcy plans, the U.S. Bankruptcy Court for the Southern District of Indiana is modifying its current local plan and is seeking public comment on the proposed modifications.

Environmentalists sue to block US border wall with Mexico

Three advocacy groups sued the federal government Thursday to block construction of a border wall with Mexico, alleging that that Trump administration overstepped its authority by waiving environmental reviews and other laws.

Opinions Sept. 15, 2017

Indiana Court of Appeals
Jacob O. Robinson v. State of Indiana
22A01-1604-CR-856
Criminal. Reverses and vacates Jacob O. Robinson’s sentence, pursuant to a plea agreement, for his conviction of Class D felony attempted residential entry and his admission to being a habitual substance offender. Finds sua sponte that Robinson’s habitual substance offender adjudication and enhancement of the sentence for a non-substance offense was contrary to statute. Remands with instructions to enter a new plea agreement and sentence that comply with the relevant statutory authority or for further proceedings if the parties cannot reach such an agreement.

South Dakota court rejects law aimed at online sales taxes

South Dakota's Supreme Court on Thursday struck down a law that would require out-of-state retailers to collect sales taxes on in-state purchases — a defeat the state expected and welcomed in a case that eventually could have national implications for e-commerce.

Colleagues, friends pay tribute to LaRue at courthouse memorial

The William E. Steckler Ceremonial Courtroom of the Birch Bayh Federal Building and U.S. Courthouse was filled to the brim on Thursday as friends, family, colleagues and admirers of Magistrate Judge Denise K. LaRue gathered to honor the life and memory of the late Southern District magistrate judge.