Can records of civil forfeitures be expunged?
The Indiana Supreme Court is considering whether files on property judgments "relate to the person’s felony conviction."
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New Coalition for Court Access aims to improve delivery of civil legal services
After establishing three committees to tackle the persistent problem of unrepresented litigants trying to maneuver their way through the state’s judicial system, the Indiana Supreme Court has decided to start over.
Southern District proposes mandatory pro bono program
Flooded by pro se litigants and under pressure from the appellate circuit to provide attorneys, the U.S. District Court for the Southern District of Indiana is proposing the adoption of a mandatory pro bono program to supplement its volunteer pool.
Making an impact with justice in mind
The Indianapolis Bar Foundation’s grant program aids legal-related projects.
SCOTUS overturns infringement test for treble damages
In a consolidated case involving Indiana’s Zimmer Inc., the U.S. Supreme Court has tossed the standard test used to determine whether damages awarded in a patent infringement case should be tripled.
Opinions June 13, 2016
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday.
Matthew D. Claussen, et al. v. Michael R. Pence, Governor of the State of Indiana, et al.
16-1003
United States District Court for the Northern District of Indiana, Hammond Division, Philip P. Simon, chief judge.
Civil. Affirms Indiana Code 3-5-9-5, which states that a government employee may not also hold an elected position in the municipality they work in, does not violate the First Amendment or the Equal Protection Clause of the 14th Amendment. The 7th Circuit held that the interest Indiana has in avoiding corruption or the appearance of corruption outweighs any First Amendment violations the plaintiffs’ may suffer by not being able to serve in elected office.
ITT Educational terminates chief legal officer
ITT Educational Services, the embattled Carmel-based operator of for-profit colleges in 38 states, has terminated its chief administrative and legal officer after less than two years on the job.
Novel FedEx drug-shipping case left to skeptical judge at trial
Proving to jurors that FedEx Corp. is a criminal because it delivered illegal prescriptions from Internet drug stores was never going to be easy. Convincing a federal judge who questioned the “novel prosecution” may be even tougher.
High court rejects request to block mercury rule
The Supreme Court of the United States has rejected an appeal from 20 states including Indiana seeking to block a federal rule targeting mercury pollution from taking effect while the government revises the rule to account for compliance costs.
Court upholds law aimed at domestic violence on tribal land
The U.S. Supreme Court on Monday upheld a federal law and its stiff prison terms aimed at people who have been convicted of repeated acts of domestic violence on Indian lands.
High court rules against Puerto Rico in debt case
Puerto Rico can't use a local law to restructure the debt of its financially ailing public utilities as it tries to overcome a decade-long economic crisis, the U.S. Supreme Court ruled Monday.
Fort Wayne pays $125K to settle excessive-force lawsuit
Fort Wayne has agreed to pay $125,000 to settle an excessive-force lawsuit with a Michigan man.
Slaughter sworn in as 109th justice
Geoffrey G. Slaughter was sworn in as an Indiana Supreme Court justice Monday morning in a brief, private ceremony, court spokeswoman Kathryn Dolan said. Chief Justice Loretta H. Rush administered the oath of office, allowing Slaughter, formerly a partner with Taft Stettinius & Hollister LLP, to begin deciding cases and handling administrative matters with his colleagues.
Hill wins GOP nod for attorney general, will face Arrendondo
Elkhart County Prosecutor Curtis Hill Jr. defeated three other candidates to win the Republican nomination for Indiana attorney general on Saturday. Hill will face retired Lake County Circuit Court Judge Lorenzo Arrendondo, a Democrat who served 34 years before leaving the bench in 2011, in November’s general election.
Indiana mom seeks law change after daughter’s ATV death
The mother of an Indiana girl who died in an all-terrain vehicle crash has started a nonprofit foundation in partnership with state lawmakers to draft a helmet law and mandatory safety education for children who ride ATVs.
7th Circuit affirms government employees must resign after elected to office
The 7th Circuit Court of Appeals upheld an Indiana law that prevents people employed by the government to also hold elected office in the same municipality they are employed in. The law was challenged by a host of individuals who both serve on city and town councils and work for the same town as police officers, office managers and firefighters.
Local Uber driver sues company over compensation issues
An Uber driver from Marion County has filed a class-action complaint against the ride-on-demand company, claiming that Uber treats its drivers like employees but classifies them as independent contractors in order to skirt labor laws.
Senate committee to vote on Ong nomination
The U.S. Senate Judiciary Committee is scheduled to vote June 16 on the nomination of Winfield Ong to be U.S. District judge for the Southern District of Indiana.
Opinions June 10, 2016
Indiana Court of Appeals
Timothy A. Williamson v. U.S. Bank National Association
49A05-1506-MF-521
Mortgage foreclosure. Affirms summary judgment for U.S. Bank after the court found a mistake in making the deed for the property didn’t mean Timothy Williamson did not own the property at the time of a modification agreement. Williamson’s name was not on the deed after it was accidentally included in the sheriff’s sale and sold to the bank but the bank rectified the issue.
COA majority finds double jeopardy violations on rehearing
The Indiana Court of Appeals ruled on rehearing that a man’s two convictions for resisting law enforcement violated Indiana’s double jeopardy prohibition and remanded the case to trial court to vacate one of them.