7th Circuit affirms dismissal of railroad worker’s injury suit
The 7th Circuit Court of Appeals affirmed the denial of a train operator’s state common law claims for relief against a railroad company for injuries caused by locomotive equipment.
Katie Stancombe
Articles
7th Circuit reverses laches dismissal of PCR case
The 7th Circuit Court of Appeals reinstated a convicted killer’s habeas petition Monday, vacating a decision in the first Indiana case involving a laches dismissal stemming from a defendant’s post-filing delay in prosecuting a state court post-conviction case.
7th Circuit reinstates UPS worker’s disability complaint
The 7th Circuit Court of Appeals reversed and remanded a decision denying a UPS employee’s claims of disability discrimination, failure to accommodate, and retaliation when she requested accommodations, in violation of the Americans with Disabilities Act.
Justices remove Lake superior judge from retention ballot
The Indiana Supreme Court yanked a Lake Superior Court judge from the Nov. 6 retention ballot following his retirement announcement Friday that came after the court’s office of judicial administration requested a new judge be appointed due to alleged dereliction of duty.
Justices clarify definition of sexual misconduct with a child
The Indiana Supreme Court found the “slightest penetration of the sex organ” was sufficient to affirm the conviction of a man of four counts of child molestation and eight counts of sexual misconduct with a minor. Justices offered guidance on what constitutes “other sexual misconduct” in affirming a man’s Level 1 felony child molestation conviction.
Hill reinforces opposition to individual mandate as state collects $95 million from Obamacare lawsuit
As Indiana prepares to collect nearly $100 million from a multi-state lawsuit challenging the Affordable Care Act, Indiana Attorney General Curtis Hill held a meeting Wednesday with ACA proponents who are urging him to drop a second lawsuit challenging a controversial portion of the health care law. Though both parties said they were pleased with the dialogue, Hill also reinforced his opposition to the Obamacare individual mandate.
COA reverses regular commitment for lack of evidence
The Indiana Court of Appeals reversed and remanded a trial court’s decision to order a mentally ill woman to regular commitment at Indiana University Health Bloomington Hospital, finding there was not clear and convincing evidence to prove commitment was necessary.
Artist donates truth-inspired sculpture to COA
A new reminder of truth hangs permanently in the Indiana Court of Appeals office, after Broad Ripple artist Biagio Azzarelli donated his contemporary sculpture entitled “The Truth” to the appellate court on Wednesday.
Danville attorney suspended for 3 years after 10 rules violations
A Danville attorney who committed 10 acts of misconduct – including neglecting clients, advertising misleading information, mismanaging a trust account, lying and failing to cooperate with a disciplinary investigation –has been suspended from the practice of law for three years.
Fighting fear, stigma of impairment due to mental health issues
Legal employers interested in helping colleagues impaired by issues such as substance abuse, depression or cognitive degeneration now have a versatile toolkit they can customize to meet the needs of their attorney and the organization.
7th Circuit says vacated Fourth Amendment case was ‘close call’
The 7th Circuit Court of Appeals vacated and remanded a motion to suppress two firearms from a vehicle search after it determined the search was unwarranted due to a lack of reasonable suspicion after an anonymous tip was made.
Appellate Court: $1.3 million awarded in minor vehicle accident not excessive
A more than $1 million verdict awarded to a woman in a minor vehicle accident was upheld by the Indiana Court of Appeals, which affirmed the verdict in light of the woman's serious lifetime impairments.
COA affirms denial of shooter’s request to proceed pro se
The Court of Appeals affirmed Monday the decision not to let a Vanderburgh County man who shot up an Evansville rescue mission to proceed pro se, finding his history of mental illness justified the trial court's requirement that he proceed with counsel.
Assumptions in bankruptcy case leave 7th Circuit ‘colored skeptical’
Assumptive arguments made by a bankruptcy trustee suing former bank directors were rejected by the 7th Circuit Court of Appeals, which said his assertions colored the court skeptical.
7th Circuit: Contract enforceable by mutuality of obligation
A contract dispute between a rubber product maker and its supplier was settled when the 7th Circuit Court of Appeals reversed a decision that claimed the parties’ agreement was unenforceable.
Judge’s miscalculation leads to remand for resentencing
A judge’s miscalculation of a man’s federal court sentence based on the number of his prior felony convictions prompted the 7th Circuit Court to remand for resentencing Thursday.
7th Circuit: Disability benefit arguments lack merit
Medical evidence did not support the testimony of a deceased man about the degree of limitations he experienced, the 7th Circuit affirmed when reviewing his denied disability benefits case. The court found arguments in the case lacked merit.
7th Circuit remands mandatory-minimum drug case for resentencing
A “dangerous drug” conviction in Arizona is not considered a felony drug offense qualifying for particular federal mandatory minimum sentencing in Indiana under because of differences in definitions, the 7th Circuit Court of Appeals determined.
7th Circuit rules for paramedic in patient-arrestee’s death
Case law does not clearly establish that a paramedic can violate a patient-arrestee’s Fourth Amendment rights by exercising medical judgment to administer a sedative in a medical emergency, the 7th Circuit Court of Appeals affirmed Wednesday.
The court ruled in the paramedic’s favor on all counts brought by the estate of a man sedated during a naked public rampage.
7th Circuit: Meth weight needs only preponderance of evidence
Determining drug quantities at sentencing is not an exact science and requires only proof by a preponderance of the evidence, the 7th Circuit Court of Appeals affirmed Wednesday.