Court rules against FedEx in drivers’ labor case
A federal court has ruled that FedEx Corp. improperly classified about 2,300 drivers in California as independent contractors instead of employees.
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Teen has 1 adjudication overturned, must still pay restitution
A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims of his crimes.
Man waited too long to ask for return of cash bond
Although the trial court was not statutorily authorized to retain a man’s cash bond in 2005, the Indiana Court of Appeals affirmed the denial of his motion to release the bond because he waived his argument.
Judges order new rape trial based on inadmissible evidence
Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.
Man acquitted of charges in bar fight death
Jurors have acquitted a southern Indiana man of criminal charges for killing a man when he drove a truck over him after a bar fight.
COA affirms reduction of incarcerated father’s child support obligation
A trial court did not abuse its discretion by reducing a father’s child support and arrearage to an absolute minimum level after he requested review of his obligation, the Indiana Court of Appeals affirmed Friday. The man, who is incarcerated, claimed the court did not consider his income or needs when making the reduction.
Fire closes Lake County Courthouse in Gary
The Lake County commissioners say a county courthouse in Gary will likely remain closed for a week after an electrical fire.
COA: Break in employment triggered non-compete agreement
A man who joined a competitor immediately after his employment ended at another company did not violate a non-compete agreement, the Indiana Court of Appeals ruled Thursday. The judges agreed that a 10-day break in employment with the prior employer two years earlier constituted the beginning of his non-compete agreement, and his new job falls outside that two-year non-compete restriction.
PACER removes older 7th Circuit case files
Closed cases filed before 2008 in the U.S 7th Circuit Court of Appeals have been removed from the PACER online database, as have older records from several other federal courts.
Judge refuses inmate’s request for execution
A northern Indiana judge has turned down the request of a murder convict who asked to be executed even though he wasn't sentenced to death.
COA declines to reverse conviction after co-defendant’s conviction overturned
A panel on the Indiana Court of Appeals Wednesday did not agree with a defendant that his conviction of attempted aggravated battery should be reversed based on the reasoning of a separate appeals panel that overturned the same conviction of his co-defendant.
7th Circuit finds ALJ’s methodology flawed, orders more proceedings
The 7th Circuit Court of Appeals found an administrative law judge’s opinion denying a man Social Security disability benefits reflects a “flawed evaluation of the record of evidence,” so it ordered more proceedings on the matter.
Fee cap provision in Med Mal Act does not reduce fund’s liability
The Indiana Supreme Court has sided with an estate in a dispute over whether the Indiana Medical Malpractice Act’s cap on attorney fees from a Patient Compensation Fund award also applies to reduce the fund’s liability. The issue is one of first impression in Indiana.
Judge rules for defendants in Indy skyline photo copyright suit
A retired attorney and photographer who has filed numerous infringement lawsuits over the use of his copyrighted photo of the Indianapolis skyline lost a contested case. The ruling judge also said the purported value of the photo is questionable.
Settlement reached in Nashville shocking case
The southern Indiana tourist town of Nashville has reached a settlement with a Michigan man who accused a deputy marshal of shocking him with a Taser gun while he was having a seizure.
Judge threatens to find Indiana mayor in contempt
A judge threatened to find a central Indiana mayor in contempt of court over a dispute about pipes blocking a courthouse entrance.
Deficient counsel does not overcome convincing evidence
Even though the 7th Circuit Court of Appeals spelled out in a 17-page opinion what defense counsel should have done during a bench trial, the appellate panel ultimately concluded the deficient representation did not prejudice the case.
Judges blast Indiana, Wisconsin gay marriage bans
Federal appeals judges bristled Tuesday at arguments defending gay marriage bans in Indiana and Wisconsin, with one Republican appointee comparing them to now-defunct laws that once outlawed weddings between blacks and whites.
Termination of drug court placement over missed therapy affirmed
A woman who missed several drug court mental health therapy sessions failed on appeal to prove she was wrongly terminated from the problem-solving court.
Deputy’s lack of certification not an issue in suspension of license
A Shelby County man’s refusal to submit to a chemical test for alcohol intoxication voided his argument that his driving privileges should be reinstated because the arresting deputy was not qualified to administer the sobriety test.