7th Circuit affirms Lake County official’s sentence
The 7th Circuit Court of Appeals has upheld Robert Cantrell’s 78-month sentence for various convictions, including using
his position in public office for kickbacks.
Jennifer Nelson
Articles
COA affirms doctrine of transferred intent applies
The Indiana Court of Appeals agreed that the doctrine of transferred intent applied in the case of a juvenile adjudicated
for committing battery for hitting his teacher unintentionally when trying to punch another student.
Couple should have jury trial on legal claims
A couple whose home is being foreclosed on is entitled to a jury trial on their legal claims against the mortgage holder and
loan servicer, the Indiana Court of Appeals ruled today.
7th Circuit: Officer allowed to resume frisk
As one 7th Circuit Court of Appeals judge cautioned, it’s generally not a good idea to ride around in a car with cocaine on you when
police have many reasons why they may legitimately stop the car.
Judges: 2-year statute of limitations doesn’t apply
The Indiana Court of Appeals reversed the dismissal of a medical group’s application for adjustment of claim for provider
fee, finding the Indiana Worker’s Compensation Board erred by ruling the application was filed outside the statute of
limitations.
Judge: Look closer at claim of being part of a persecuted social group
In granting a petition for review of a denial of an asylum request, 7th Circuit Court of Appeals Judge David Hamilton believes the Board of
Immigration Appeals applied too narrow of a concept of a “social group.&rdquo
A chargeback isn’t a sale of insurance
The 7th Circuit Court of Appeals held today that a chargeback for the cost of insurance is not a sale of insurance, as some
owner-operators of leased trucks argued. The Circuit Court also took issue with the District judge’s decision on which
statute of limitations applied to the parts of the suit.
Judges find ruling denied mentally ill man’s due process rights
The Indiana Court of Appeals reversed today the denial of a mentally ill man’s motion to dismiss charges against him
because not dismissing the charges was a violation of his due process rights.
7th Circuit expands inquiry to implicit motion for new attorney
The 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.
Man entitled to commission, but a reduced amount
Because a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his former employer owed him due to draws and set-offs.
COA extends judicial immunity to arbitrators
The Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award
to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their
sponsors.
Exotic dancers are employees, may settle case
A federal judge has found that exotic dancers at an Indianapolis club are employees, not independent contractors as the club
owner argued.
Wrongfully convicted man can pursue IIED claim
A man wrongfully convicted of attempted murder can go forward with his intentional infliction of emotional distress claim
against the City of Elkhart and several police officers, the 7th Circuit Court of Appeals ruled today.
Court defines due process rights for drug court participants
The Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug
court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.
Court declines to review commitment cases differently
The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
7th Circuit ends use of inextricable intertwinement doctrine
The 7th Circuit Court of Appeals upheld a defendant’s perjury conviction and in doing so, concluded that resorting to
inextricable intertwinement is unavailable when determining a theory of admissibility.
High court takes certified question from Southern District
The Indiana Supreme Court will answer a certified question in litigation involving the state’s Products Liability Act.
The justices accepted the certified question from U.S. District Court, Southern District of Indiana Judge Larry J. McKinney
Tuesday afternoon.
Mother of stillborn fetus satisfies actual victim requirement in Med-Mal Act
The Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.
Judge worries ruling may make bright-line rule in traffic stops
A panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns
were legitimate enough to allow the officer to search a car after a traffic stop.
Court upholds discrimination claims in coroner’s office
The 7th Circuit Court of Appeals affirmed the finding that an African-American Marion County Coroner took action against his
white chief deputy coroner because of race, but ordered a reduction in the amount of compensatory damages the deputy coroner
could receive.