Judge dismisses lawsuit over Indiana’s Lake Michigan beaches
A federal judge has dismissed the latest attempt by property owners in a northwestern Indiana town to deny public access to Lake Michigan beaches.
District Courts
Articles
Wisconsin seeks legal fees, citing Indy firm’s ‘egregious conduct’ in Trump election suit
An Indianapolis law firm that represented former President Donald Trump in a failed attempt to overturn the results of the November 2020 Wisconsin election should pay at least $145,000 in attorney fees as a sanction for bringing a “meritless” case, filings by the state defendants say.
Indianapolis businessman pleads guilty in $11M Ponzi-style investment scheme
An Indianapolis businessman accused of inducing at least 100 individuals to sink more than $11 million into a fraudulent, Ponzi-style investment scheme has agreed to plead guilty to two counts of federal wire fraud and one count of money laundering.
Open federal judiciary seats bring calls to focus on the process
As he marked the two-month anniversary of his presidency, Joe Biden had not nominated anyone to either the federal bench or a U.S. Attorney’s Office, which distinguished him from his two most recent predecessors. One retired member of Indiana’s judiciary, however, is calling attention to the worrisome problem that beyond open positions, the state has no clearly defined process for identifying qualified Hoosiers to fill the vacancies.
Caesars puts pandemic losses at $2B, wants insurers to pay
Casino giant Caesars Entertainment Inc. is putting its losses because of the coronavirus pandemic in 2020 at more than $2 billion, and is suing a long list of insurance carriers it accuses of balking at paying its business interruption costs at its casinos in Indiana and across the nation.
Northern District Court extends virtual proceedings through June 14
As the COVID-19 vaccine rollout continues across Indiana, the U.S. District Court for the Northern District of Indiana is extending its authorization of video and teleconferencing in court proceedings by three months.
Pratt named Indiana Southern District Court chief judge
Judge Tanya Walton Pratt has been named the new chief judge of the U.S. District Court for the Southern District of Indiana, the court announced Monday, making history as the first person of color to lead the court.
Court could reimpose Boston marathon bomber’s death sentence
The United States Supreme Court said Monday it will consider reinstating the death sentence for Boston Marathon bomber Dzhokhar Tsarnaev, presenting President Joe Biden with an early test of his opposition to capital punishment.
Jury convicts former Portage mayor of bribery in retrial
A federal jury convicted a former northwestern Indiana mayor on a bribery charge Friday in his retrial on allegations he solicited and accepted a $13,000 bribe from a trucking company.
Rokita’s AG office defends governor’s mask order power in restaurant suit
Indiana’s attorney general’s office vigorously defended Gov. Eric Holcomb’s emergency powers in response to a restaurant’s lawsuit challenging his order that masks must be worn inside restaurants to stem the spread of the coronavirus.
Southern Indiana District Court on list for more judges
The Judicial Conference of the United States is asking Congress to create 79 new judgeships in federal courts across the country, including adding two new permanent judges in the Southern Indiana District Court.
Election bills tweaking Indiana voting laws
Compared to the battles surrounding voting bills in states such as Iowa and Georgia, the six bills that are moving through the Indiana General Assembly appear to be making rather mild tweaks to Hoosier election laws rather than attempting a controversial overhaul.
Employment lawyers expect businesses to impose new restrictions on remote workers
While in the post-pandemic world employees may still be able to spend at least a few days each month working in their pajamas, they will likely encounter more requirements, mandates and restrictions when doing so.
Maley: Recurring removal issues show numerous pitfalls
Removal from state court to federal court is a routine aspect of federal court practice, though one fraught with procedural pitfalls. Federal judges in Indiana frequently address removal issues, yet errors continue.
Man sentenced 75 years for bomb threats, extortion
A California man accused of making online threats to bomb two suburban Indianapolis high schools in addition to a slew of other crimes was sentenced Friday by a federal judge to 75 years in prison.
7th Circuit vacates judgment for debt collector lack of jurisdiction
A woman who claimed “stress and confusion” as injuries after she was contacted by a debt collector without her permission could not convince the 7th Circuit Court of Appeals that the company had violated the Fair Debt Collection Practices Act.
Judge: CDC exceeded authority in issuing eviction moratorium
A federal judge in Ohio has ruled that the U.S. Centers for Disease Control and Prevention lacked the authority to issue a nationwide moratorium on rental evictions, the second such ruling issued by a federal judge in two weeks.
US narrows in on organized extremists in Capitol siege probe
As members of the Oath Keepers paramilitary group shouldered their way through the mob and up the steps to the U.S. Capitol, their plans for Jan. 6 were clear, authorities say. “Arrest this assembly, we have probable cause for acts of treason, election fraud,” someone commanded over an encrypted messaging app some extremists used to communicate during the siege.
SCOTUS rejects Indy lawyer’s Trump election lawsuit
An Indianapolis law firm’s suit seeking to overturn the results of the Wisconsin election on behalf of former President Donald Trump was rejected Monday by the United States Supreme Court, putting an end to the challenge.
DTCI: Contact Tracing in the Removal Context
When faced with a case involving unincorporated business entities, a defendant must carefully consider whether the requirements for diversity jurisdiction are satisfied before filing its notice of removal. Failure to do so could result an adverse award of attorney fees on a motion for remand, or the district court sua sponte remanding the case to state court upon discovery that it lacks subject matter jurisdiction over the action.