Proposed amendments to federal rules open for public comment
The Judicial Conference Committee on Rules of Practice and Procedure has approved publication of proposed amendments to appellate, bankruptcy and civil rules.
Tyler Fenwick
Articles
Federal judge denies motion to intervene in suit alleging discrimination by NCAA
A federal judge has denied an HBCU student-athlete’s motion to intervene in a lawsuit that alleges the NCAA’s formula to measure a team’s academic performance is discriminatory.
Motion to compel was ‘close enough to a wash’ that sanction award wasn’t warranted, COA rules in reversal
A trial court’s order for two people to pay expenses related to a discovery dispute wasn’t warranted because the defendants’ underlying motion to compel wasn’t completely successful.
‘Why are we here?’ IN Supreme Court hears arguments in case involving election laws, super PACs
In a case where both sides seemingly have the same position — that limiting corporate contributions to certain political action committees would be unconstitutional — the Indiana Supreme Court is weighing how to interpret state law.
Man convicted in second trial after mistrial faced double jeopardy, split COA rules in reversal
A man convicted and sentenced for sexual misconduct with a minor following a mistrial faced double jeopardy in the subsequent trial, a split Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
Parents were prevailing party in administrative proceeding, could be awarded attorney fees, 7th Circuit rules in reversal
Because the parents of a child with disabilities were the prevailing party in an administrative proceeding, attorney fees could be awarded to them, the 7th Circuit Court of Appeals ruled in reversing a trial court’s decision.
Special verdict form in ADA case was not erroneous, 7th Circuit affirms
A special verdict form that a federal jury used to rule against a former Costco employee was not erroneous, the 7th Circuit Court of Appeals ruled in affirming a lower court’s decision.
Former Plainfield officer accused of coercion
A former Plainfield police officer has been charged with Level 6 official misconduct and Class A false informing for allegedly attempting to coerce a person to make false accusations against another police officer.
Hendricks Co. judge reschedules DCS hearing for possible contempt
The state is asking a Hendricks County judge to vacate a hearing scheduled for Wednesday where Indiana Department of Child Services Director Eric Miller has been ordered to attend and explain why the department shouldn’t be held in contempt.
New COA Judge Felix embraces ‘long and challenging’ journey at robing ceremony
The robing ceremony for new Court of Appeals of Indiana Judge Paul Felix featured plenty of laughs, reflection and even a recounting of the jurist’s brewing mastery.
Police nonprofit’s ‘untested, bespoke theory of liability’ falls short in defamation appeal at 7th Circuit
A nonprofit that purports to help police departments failed to convince the 7th Circuit Court of Appeals that newspaper articles questioning its legitimacy were defamatory, with the appellate court affirming a lower court’s decision.
Fencing company failed to answer complaint because of excusable neglect, COA rules in reversal
It was reasonable for a fencing company that was being sued to believe its insurer would know about and handle the complaint, a split Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
DCS director ordered to attend Hendricks Co. court hearing for possible contempt
A judge has ordered Department of Child Services Director Eric Miller to appear at a hearing next week to make a case for why the department shouldn’t be held in contempt for failing to obey court orders to produce documents in an underlying civil case.
Drowning in data: Attorneys grappling with increase in digital evidence
If you’re wanting to find out how prosecutor’s offices and law enforcement are doing in handling a growing amount of digital evidence, criminal defense attorney John Tompkins figures you could get 92 different answers — one for each of Indiana’s counties.
Is paying bail ‘expressive’? Bail Project’s legal fight continues amid uncertain future
After running into another roadblock on its quest to overturn a state law that limits its operations in Indiana, The Bail Project isn’t committing one way or the other on whether it will continue working in the state.
Books, pronouns and trans athletes: What contentious education policy is coming next?
If the last few legislative sessions are any indication of what could be on the horizon for the Indiana General Assembly in 2024, one seemingly safe bet is that the state’s lawmakers will again take up controversial education policy.
IN Supreme Court grants transfer to cases involving imposed charges, denied suppression motion
Indiana Supreme Court justices granted transfer to two cases for the week ending Aug. 25, including one in which the Court of Appeals of Indiana declined to address a pro se litigant’s challenge to the constitutionality of a vehicle search.
Indiana disperses $18M in opioid settlements
Indiana will distribute about $18 million in opioid settlement funds to support local law enforcement, drug task forces and treatment hubs, Indiana Attorney General Todd Rokita announced Friday.
‘Bright-line rule’ precluded accepting untimely response to summary judgment motion, COA rules in reversal
A man’s late response to a motion for summary judgment should not have been accepted, even though it wasn’t electronically delivered to counsel because of a “technical error,” the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
Reggie Bush sues NCAA for defamation, wants Heisman Trophy back
Former University of Southern California star running back Reggie Bush is suing the NCAA for defamation related to a 2021 statement from college sports’ governing body about a “pay-for-play arrangement” Bush says was directed at him.