Articles

7th Circuit reverses on relation back issue

A plaintiff attempting to sue his employer for breach of contract should have been able to file an amended complaint with relation back to the date of the original complaint in order to correct the defendant even though the statute of limitations had expired, the 7th Circuit Court of Appeals concluded today.

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Judges affirm insurer has no duty to defend

The Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.

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7th Circuit takes girls’ basketball schedule case

The 7th Circuit Court of Appeals will decide whether several Indiana school corporations discriminate against girls’ basketball teams by scheduling more of their games on weeknights as compared to the boys’ basketball games.

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Comment sought on reappointment of magistrate judge

Members of the bar and the public are invited to comment as to whether United States Magistrate Judge Michael G. Naville of the U.S. District Court for the Southern District of Indiana, New Albany Division, should be reappointed to a new four-year term.

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Judges order new trial following juror issue

A case involving the issue of a prosecutor’s use of a peremptory strike against an African-American member of the jury pool has appeared before the 7th Circuit Court of Appeals for the third time. This time, the judges vacated the two defendants’ murder and robbery convictions and ordered a new trial.

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COA: Admission of prior convictions fundamental error

The Indiana Court of Appeals ordered a new trial for a sex offender convicted of failing to register while having a prior conviction. The court ruled the evidence regarding his prior convictions for failing to register shouldn’t have been admitted at trial.

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Trustee: Pastrick’s bankruptcy not an abuse

Reversing her decision from a month ago, a federal trustee has determined that former East Chicago Mayor Robert Pastrick’s income is not too high to qualify for Chapter 7 bankruptcy and his filing should not be considered to be an abuse of the process.

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Judges uphold man’s remanded drug sentence

The 7th Circuit Court of Appeals rejected a defendant’s argument that the District Court violated the cross-appeal rule when it based his new sentence on remand on evidence that wasn’t relied upon at his first sentencing hearing.

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Johnson County Historical Society gets legal history grant

The Johnson County Historical Society has been awarded an Indiana Legal History Grant by the Indiana Humanities Council and the Indiana Supreme Court, the council announced today. The $2,000 award will fund projects and research to increase the understanding of the legal history of the county among those served by the county courts.

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Brizzi discipline case could set new prejudice standard

The Indiana Supreme Court’s Disciplinary Commission wants to set a new standard of “actual prejudice” for attorney misconduct. In making that argument, the validity of two high-profile murder convictions that Carl Brizzi secured during his time as prosecutor in the state’s largest county are being questioned.

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7th Circuit denies petition to remove judge

The 7th Circuit Court of Appeals denied a man’s petition for writ of mandamus to remove a federal judge from a case he is involved with that’s still pending in District Court. The man failed to intervene in the case and his interest in the case is too uncertain to give him the rights of a party automatically, the judges ruled Friday.

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Man still fighting dismissal of bar exam suit

The man who sued the Indiana Supreme Court and state Board of Law Examiners because he wants to take the bar exam without going to law school wants a federal judge to reopen his case, arguing that he has no other legal recourse available and the court’s refusal to allow relief is contrary to established precedent.

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Judges uphold IATC’s issuance of alcohol dealer permits

The Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner it has for the last 30 years.

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