U.S. District Court for the Southern District of Indiana

Divided 7th Circuit lifts injunction against Indiana fetal-tissue research ban

March 15, 2019

An Indianapolis judge’s ruling that blocked an Indiana law effectively banning stem cell research derived from aborted fetal tissue was reversed by a divided 7^th Circuit Court of Appeals panel Thursday. The 2-1 decision is a defeat for Indiana University researchers challenging the ban, and a dissenting judge questioned the state’s motivation and intent behind a law he said threatens IU research into potential treatments for Alzheimer’s disease and other disorders.

U.S. Courts report immigration cases soar, district court filings rise

March 12, 2019

Immigration prosecutions increased 37 percent last year while overall filings in federal district courts rose 7 percent, according to the United States Courts’ 2018 Annual Report and Court Statistics. The report released Tuesday also found that filings in federal courts of appeal declined 2 percent in 2018.

Ex-Hamilton County addiction doctor loses suit against DEA, Carmel

March 11, 2019

Law enforcement officials who unsuccessfully brought charges against a Hamilton County addiction treatment doctor accused of overprescribing opiates have been cleared in a civil lawsuit the doctor filed against them.

Judge sanctions lawyer, ex-DOC nurse in inmate abuse case

March 6, 2019

After declaring her trust in the statements submitted by defendants in prisoner litigation cases “shattered,” a federal judge imposed sanctions — some as as severe as default judgment — on a former prison nurse and her attorney accused of misconduct as serious as perjury.

Judgment awarded to Southport, police officials in legal feud with city councilwoman

March 6, 2019

The curtains have closed, at least for now, on a longstanding political battle between Southport law enforcement, a city council member and her ex-boyfriend now that a district court has awarded judgment in favor of the city, its police chief and a former detective on their motions for summary judgment on the council members remaining claims.

7th Circuit remands Indiana civil forfeiture case

February 27, 2019

In another dispute in an Indiana civil forfeiture case, the 7th Circuit Court of Appeals has denied issuing an opinion on a district court ruling that found parts of the state statute unconstitutional, finding the lower court was not given a chance to address the state’s effort to fix the problem.

Indiana agrees to provide Hepatitis C drugs to more Medicaid recipients

February 19, 2019

An agreement reached in federal court in February will allow Indiana Medicaid recipients infected with Hepatitis C to receive direct-acting antiviral medications, or DAAs, sooner rather than having to wait until the disease has significantly damaged their livers.

Judge allows ‘extremely narrow’ failure to accommodate claim to proceed against IPS

February 19, 2019

A disability discrimination claim brought against Indianapolis Public Schools by a former bus attendant who says the school district failed to accommodate her medical conditions will continue on “extremely narrow” grounds, a federal judge has ruled.

Family, colleagues celebrate Hanlon at public investiture

February 19, 2019

Tilting the microphone down from the podium, the youngest daughter of new Southern District Judge James Patrick Hanlon drew smiles from his investiture crowd as she characterized her father as a hardworking man who always makes time for his kids.

Suit: Kids in CHINS cases need attorneys

February 19, 2019

A nonprofit that gave Indiana an F grade in how the state provides for minors in child in need of services and termination of parental rights hearings asserts in a new lawsuit that children a have right to counsel so their voices be heard in court.

DOC cannot make Muslim inmate pay for religious diet, divided 7th Circuit says

February 15, 2019

The Indiana Department of Correction must provide a Muslim inmate housed at the Indiana State Prison with a meat-based diet in accordance with his religious beliefs, a divided panel of the 7^th Circuit Court of Appeals ruled Friday in a decision upholding a lower court.

7th Circuit: Damages proper in contract dispute between welding company, supplier

February 15, 2019

The 7^th Circuit Court of Appeals has affirmed an award of damages to a welding company after finding language in an agreement with a welding supplies distributor did not entitle the latter to deferred payment.

7th Circuit reverses decertification of used car dealer class

February 14, 2019

The 7^th Circuit Court of Appeals vacated a district court’s decision decertifying a class in a used auto dealership’s case when it found the stark change of mind lacked sufficient reasoning.

Former powerhouse investment broker Buck sentenced to more than 3 years in prison

February 14, 2019

A federal judge on Wednesday sentenced former powerhouse Merrill Lynch broker Thomas Buck to three years and four months in prison.

Nexlink must face fired worker’s sex harassment retaliation claim

February 12, 2019

Nexlink, a “solutions provider” for AT&T, has lost its bid for summary judgment and must face a former employee’s claims that she was terminated in fired for filing a sexual harassment complaint against a former supervisor when she previously worked at AT&T.

7th Circuit dismisses ex-bank worker’s appeal of district court remand to state court

February 7, 2019

A former bank employee lost his appeal of a remand order that moved his lawsuit from federal to state court and imposed sanctions for wrongful removal, with the 7^th Circuit Court of Appeals finding there was no abuse of discretion and that the untimeliness of the initial removal to federal court was not made in ignorance.

Suit seeks to require counsel for kids in CHINS cases

February 6, 2019

A national child advocacy organization filed a lawsuit Wednesday in federal court in Indianapolis asserting that Indiana is violating the rights of abused and neglected children by failing to provide them legal counsel in children in need of services and termination of parental rights hearings.

Final Cook Medical bellwether trial ends with verdict for plaintiff

February 6, 2019

The third and final bellwether trial over Cook Medical’s blood clot filters has concluded with the jury returning a $3 million verdict Feb. 1 for a plaintiff who claims because of the defendants’ defective product she faces numerous health risks including the risk of death.

Terre Haute denied summary judgment on ex-employee’s retaliation, negligence claims

February 5, 2019

A man who claims he was fired from his employment with the city of Terre Haute for defending a co-worker partially defeated a motion for summary judgment, with a judge finding the man’s claims of negligent supervision and retaliation under the Americans with Disabilities Act can proceed.

Convicted ex-ASC chief Burkhart loses bid to stay civil lawsuit

February 5, 2019

The former CEO of a nursing home company now serving prison time for his major role in a corporate fraud scheme has lost his bid to stay additional civil proceedings against him while he fights to have his convictions tossed on the basis of an alleged “profound conflict of interest” on the part of Indianapolis law firm Barnes & Thornburg.

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