Companies move to dismiss East Chicago lead contamination suit
Companies taken to court over property damage from the contaminated USS Lead Superfund site in East Chicago have asked a federal judge to dismiss the case.
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Supreme Court hears criminal gang enhancement case
After his criminal gang enhancement was vacated on appeal, a Vanderburgh County man’s sentence for various armed robbery charges reduced from 60 to 30 years. Now, the state is arguing the trial court should have discretion to resentence the defendant in accordance with his crimes, but the defendant claims no such discretion exists.
Despite ‘role of Grinch,’ 7th Circuit won’t stop Christmas show
An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading role in a revival, won the reluctant blessing of the 7th Circuit Court of Appeals.
COA tosses drug evidence after arrest lacking probable cause
Indianapolis police who approached a vehicle with guns drawn after a man exited lacked probable cause, the Indiana Court of Appeals ruled Thursday, suppressing evidence of drugs found in the vehicle.
Neighbor lacks case despite ‘havoc’ after home built on higher land
While agreeing that water flowing from a neighbor’s property after construction of a new home on higher ground “wreaks havoc” on the property below, a trial court’s decision that the owner of the lower ground has no right of action was affirmed Thursday by the Indiana Court of Appeals.
7th Circuit upholds summary judgment for debt collector
A debt collection agency that reported an Indiana woman’s disputed debt to two national credit reporting agencies did not violate federal law relating to debt collection and credit reporting actions, the 7th Circuit Court of Appeals has affirmed.
Justices to hear sentencing, sex offender, parental rights cases
The Indiana Supreme Court will consider sentencing practices, sex offender restrictions and parental rights when it hears oral arguments in three cases Thursday.
Hendricks Regional, Hall Render face $50M lawsuit over failed deal
A lawsuit against Hendricks Regional Health and an Indianapolis law firm representing the hospital group alleges they used “malicious, oppressive, willful, wanton, and/or reckless conduct,” conspiring to squelch a competitor’s deal to operate 23 Indiana care facilities after Hendricks’ contract was terminated.
Little confrontation at 7th Circuit nominees’ hearing
Amy St. Eve and Michael Scudder, the two nominees for the 7th Circuit Court of Appeals, breezed through their confirmation hearing Wednesday, facing few pointed questions and not being called to defend any of their past actions.
COA orders bank to release mortgage on Adams County farmland
An Adams County couple will be released from the mortgage on their farmland after the Indiana Court of Appeals determined the bank altered the terms of the promissory note secured by the mortgage, entitling the couple to release.
Supreme Court limits reach of tax crime statute
The Supreme Court is making it harder for the federal government to use a section of the tax law to convict someone of a crime. The court Wednesday limited the application of a statute that the government had interpreted to give it a broad ability to charge someone with obstructing or impeding the work of the Internal Revenue Service.
Round 1: Marion County panel gives 17 judges retention nod
After roughly eight hours of interviews, dozens of documents and one unanimous vote, 17 Marion Superior judges have been recommended for retention by a recently created committee whose existence marks a new era for the Indianapolis judiciary.
Appellate panel upholds summary judgment for mortgage lender
A St. Joseph County man who defaulted on his mortgage payments is not entitled to a loan modification, the Indiana Court of Appeals ruled after finding the man’s loan provider met its burden of proving it sufficiently considered his eligibility.
COA rules for landlocked landowner in easement dispute
A Crawford County landowner is entitled to an easement by necessity across adjacent land owned by a property company because the sale of the land in question severed the unity of ownership and left the individual landowner without access to a public road, the Indiana Court of Appeals has ruled.<
Justices again will consider fixed-sentence plea modifications
The Indiana Supreme Court will once again consider when, if ever, fixed-sentence plea agreements can be modified. The court granted transfer to a second sentence-modification appeal after recently hearing a similar case.
High court takes up crisis centers’ abortion information challenge
The Supreme Court of the United States is hearing arguments in a free speech fight over California’s attempt to regulate anti-abortion crisis pregnancy centers.
Ex-probation officer allegedly falsified husband’s records
Authorities say an Indianapolis woman falsified information in her husband’s probation case while she was a probation officer.
Indiana Court Decisions — March 1-14, 2018
7th Circuit Court of Appeals March 2 Civil Plenary — Noncitizen Transgender Name Change John Doe, formerly known as Jane Doe v. Eric Holcomb, in his official capacity as Governor of the State of Indiana, et al. 17-1756 A Mexican native with asylum in the United States cannot continue with his suit against various Indiana […]
Disciplinary Actions — 3/21/2018
The Indiana Supreme Court Disciplinary Commission brings charges against attorneys who have violated the state’s rules for admission to the bar and Rules of Professional Conduct.
Supreme Court case puts public employee union dues on trial
An upcoming U.S. Supreme Court decision in a case considering the balance between the First Amendment and public employees’ rights has union advocates concerned that longstanding union practices could soon be set aside.