Indiana Court Decisions – June 17-30, 2021
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Articles
7th Circuit upholds competency finding in ‘zig-zag’ weapons case
The 7th Circuit Court of Appeals has upheld a finding that a defendant facing a weapons charge was competent to stand trial despite defense counsel’s insistence to the contrary.
IN Supreme Court: ‘Patient’ under med-mal act includes third-party plaintiffs
Answering a question posed by the 7th Circuit Court of Appeals, the Indiana Supreme Court on Wednesday ruled that Indiana’s Medical Malpractice Act applies to cases where a third-party plaintiff alleges that negligent treatment to someone else resulted in injury to the plaintiff. One justice, however, cautioned against the expansion of the Medical Malpractice Act.
Geologist loses second wrongful-termination lawsuit against INDOT
A geologist who tried to detour around the summary judgment granted to the Indiana Department of Transportation in his wrongful-termination lawsuit was blocked by 7th Circuit Court of Appeals, which found he was trying to take a road he had already traveled.
Senate confirms Jackson-Akiwumi to 7th Circuit
In a 53-40 vote Thursday, the U.S. Senate confirmed Candace Jackson-Akiwumi to the 7th Circuit Court of Appeals, making her the first person of color to sit on that bench since Judge Ann Claire Williams, the first person of color to join that court, retired in 2018.
High court declines to hear Indiana vote-by-mail limits case
The U.S. Supreme Court has declined to hear a case challenging Indiana’s vote-by-mail restrictions, a rebuff that means a federal court will decide the future of absentee voting in the state.
Indiana Court Decisions – June 3-16, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Racial diversity lacking: No minorities in decade of appointments to IN benches
Although the next Court of Appeals judge has not been selected, the three candidates nominated ensure Indiana will continue its 9-year streak of judicial appointments that do not include a person of color.
$518K attorney fee award affirmed for Jasper homebuilder, against copyright ‘troll’
A Jasper homebuilder awarded more than $518,000 in attorney fees in a dispute with an “intellectual property troll” over the use of certain floor plans gets to keep that money, the 7th Circuit Court of Appeals affirmed in a Wednesday decision.
7th Circuit upholds de facto life sentence for ‘shocking, horrific’ child sex abuse
A man convicted of “horrific” sexual and other abuse against his son failed to convince the 7th Circuit Court of Appeals that a federal judge erred in imposing a de facto life sentence.
Indiana Court Decisions – May 20-June 2, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Pendleton inmate represents himself in lengthy court battle
An inmate at the Pendleton Correctional Facility represented himself against a former guard for use of excessive force in a legal battle that lasted for nearly six years before culminating in March in an in-person bench trial and an award of $35,000.
Nommay first woman to lead Northern Indiana U.S. Attorney’s Office
Tina L. Nommay has been named acting U.S. attorney for the Northern District of Indiana, continuing her record of breaking gender barriers by becoming the first woman to lead that office.
Suspended Rose-Hulman student’s case falters at 7th Circuit
A former Rose-Hulman student who sued the school after he was suspended and whose attorney was warned for criticizing a magistrate judge did not succeed in getting summary judgment turned around in his favor. The 7th Circuit Court of Appeals also handed down an additional warning to the lawyer.
7th Circuit: Dealers not off the hook in dispute over unpaid RVs
Recreational vehicle dealers that failed to pay for more than a dozen RVs before their northern Indiana manufacturer called it quits must pay a secured creditor’s assignee for the RVs purchase prices, the 7th Circuit Court of Appeals has ruled.
7th Circuit adopts revised admission fee language, but amount stays the same
The 7th Circuit Court of Appeals has changed its local rule regarding attorney admission fees, though the changed language does not immediately change the amount attorneys must pay to be admitted to the Chicago-based court.
Madison County man granted habeas relief can’t sue prosecutors, 7th Circuit rules
A former inmate who sued Madison County prosecutors after he was released on habeas relief cannot pursue that lawsuit under immunity principles, the 7th Circuit Court of Appeals affirmed.
Former exec loses appeal to keep his stock in $20M filtration firm
The case involved whether a co-founder of Anderson-based Hy-Pro Corp. owned stock in the business when it was sold in 2017.
7th Circuit affirms dismissal of killer’s habeas petition
The 7th Circuit Court of Appeals on Tuesday affirmed the dismissal of a convicted killer’s habeas petition alleging ineffective assistance of counsel, agreeing that his attorney’s alleged errors did not prejudice him.
Ex-nursing home CEO taking fight against Barnes & Thornburg to 7th Circuit
James Burkhart, who led American Senior Communities, had argued Barnes & Thornburg failed to disclose a “profound conflict of interest” that compromised its representation of him.