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Program in Environmental and Natural Resources Law Lecture Speaker: Anne Slaughter Andrews, ’83, former U.S. Ambassador to Costa Rica Date: Tuesday, March 24, 2020 Time (local time): Lecture: 5:00 – 6:00 pm Credit hours: 1.0 CLE Cost: free (registration required) Click here to register. Location: IU McKinney School of Law Wynne Courtroom, 530 W New […]
The following opinions were posted after IL deadline Tuesday.
7th Circuit Court of Appeals
USA v. Monique Bowling
19-2110
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Affirms Monique Bowling’s 63-month sentence for conviction of theft from a local government that received federal funds under 18 U.S.C. § 666(a)(1)(A). Finds the federal funds element was met when the parties stipulated that the City of Gary received more than $10,000 in federal benefits in a one-year period. Also finds no error in admitting testimony under Rule 404(b) and that the district court’s finding that Bowling deliberately exaggerated her mental health symptoms and remained mute to unnecessarily delay the proceedings does not need to be disturbed.
The Indiana Court of Appeals has ordered a man convicted of child molesting resentenced. The panel found his felony conviction was improperly elevated and cautioned the trial court regarding consideration of his uncharged allegations on remand.
The Supreme Court of the United States on Wednesday said it would allow the Trump administration to continue enforcing a policy that makes asylum-seekers wait in Mexico for U.S. court hearings, despite lower court rulings that the policy probably is illegal.
An Evansville temporary inpatient rehab center is not considered to be either a long-term care property or a residential property, the Indiana Tax Court affirmed Tuesday. As such, the property owner’s tax liability was required to be computed using the 3% property tax cap.
A divided Indiana Supreme Court is ordering a cemetery to exhume a man from his burial place after the gravesite was accidentally sold to two buyers. The 3-2 majority of justices reversed in the original owner’s favor on Wednesday, ordering for the grave to be restored for her future use.
A former employee of the City of Gary who purchased more than $1.3 million in computer equipment and resold it for cash lost an appeal of her conviction and sentence before the 7th Circuit Court of Appeals on Tuesday.
The United States government has been ordered to pay nearly $900,000 to a disabled truck driver who suffered brain and spinal injuries after a fall at an Indiana post office.
The Indiana legal community is taking precautions and ramping up efforts to stay healthy as the coronavirus spreads. Meanwhile, Faegre Drinker announced Wednesday that it had reopened most of its offices Wednesday, including its Indianapolis location. The firm had closed all 22 of its global offices Tuesday after a person who attend a firm event in Washington, D.C., tested positive for COVID-19.
Indiana agencies are not allowed to use an “X” gender designation on identification documents for residents who don’t identify as male or female, the state attorney general said.
The Indiana State Department of Health on Wednesday said the number of presumptive positive cases for COVID-19 has risen to 10 in the state after the emergence of four more cases, including three cases in Johnson County.
The Justice Department must give Congress secret grand jury testimony from special counsel Robert Mueller’s Russia investigation, a federal appeals court ruled Tuesday, giving the House a significant win in a separation-of-powers clash with the Trump administration.
A controversial bill that would prohibit Indiana utilities from shutting down coal-fired power plants before May 2021 has passed both chambers of the Indiana General Assembly and is on its way to Gov. Eric Holcomb for his signature.
Indiana lawmakers have taken steps to significantly expand the definition of panhandling in a measure that effectively bans the activity throughout downtown Indianapolis.
The bankruptcy trustee seeking to recover millions of dollars for victims of Indianapolis businessman Tim Durham’s Ponzi scheme has come up empty in a nearly decade-long lawsuit against a deep-pocketed lender he alleged was culpable in the fraud.
Faegre Drinker Biddle & Reath closed all 22 of its global offices Tuesday due to concerns over the coronavirus outbreak. Attorneys worked remotely after concerns that employees in the firm’s Washington, D.C., office had potentially been exposed a day prior.
Get ready to put your cell phones down in the car. Legislation that bans drivers from holding or using cellphones while operating a motor vehicle passed the Indiana House and Senate on Tuesday and heads to Gov. Eric Holcomb, who is expected to sign it into law.
Indiana Court of Appeals
Larry Mickow v. AAA Insurance MemberSelect Insurance Company (mem. dec.)
19A-CT-1546
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of MemberSelect Insurance Company against Larry Mickow. Finds that because no factual dispute exists as to whether MemberSelect breached its duty of good faith and fair dealing, the trial court properly granted summary judgment on Mickow’s bad faith claim. Also finds it properly granted summary judgment in favor of MemberSelect on his breach of contract claim.
Pushing what legislators have so far not been able to stop, housing advocates arrived at the Statehouse Monday hoping to derail an amendment that opponents say would not only further disadvantage Indiana renters but also possibly preempt cities from regulating rental properties.
A federal judge in Indiana has granted a Louisiana man’s motion to stay his execution pending resolution of his habeas action, finding the man made a strong showing that he is intellectually disabled and as a result, the Federal Death Penalty Act forbids his execution.