A Bloomington surgeon alleging Indiana University Health violated federal antitrust laws by acquiring local competitors has convinced the 7th Circuit Court of Appeals to reinstate his complaint.
An Evansville man argued that when he answered his front door and saw half a dozen police officers on his porch, he had to let them into his house. But while the Court of Appeals of Indiana did not find any constitutional violation, it did fault the officers for failing to turn on their body cameras and record the encounter.
A Harrison County woman seeking custody of her grandchild failed to convince the Court of Appeals of Indiana that her motion to intervene in a foster parent adoption should’ve been granted.
A federal appeals court on Friday narrowed the range of documents House Democrats are entitled to in their yearslong investigation of Donald Trump’s finances.
Indiana Supreme Court justices granted transfer to only one case among 28 others, agreeing to hear a dispute involving a traveling actor’s attempts to receive CARES Act benefits in Indiana.
7th Circuit Court of Appeals
United States of America v. Joseph Furando, Appeal of: Christine M. Furando, et al.
20-1526
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Criminal. Vacates the district court’s denial of the third-party claimants’ section 21 U.S.C. § 853(n) petition but affirms the grant of the government’s motion for interlocutory sale of real property. Remands for further proceedings.
The Court of Appeals of Indiana has tossed drug charges against three individuals because the emergency rule that made the synthetic cannabinoid a Schedule I narcotic failed to provide adequate information so that person of “ordinary intelligence” would know he or she was engaging in illegal behavior.
A widower who sued a Bloomington hospital for failure to operate following his wife’s death did not find relief at the 7th Circuit Court of Appeals, which ruled that the facility had complied with its requirements under the Emergency Medical Treatment and Labor Act.
Court of Appeals of Indiana
701 Niles, LLC v. AEP Indiana Michigan Transmission Company, Inc., et al.
21A-PL-2123
Civil plenary. Reverses the St. Joseph Circuit Court’s denial of 701 Niles’ motion to enjoin. Finds AEP Indiana Michigan Transmission Company may constitutionally proceed with its project to build an underground electric transmission line on part of 701 Niles’ property. Also finds the University of Notre Dame’s attempt to use AEP’s easements for its hydropower project is an unconstitutional taking. Remands with instructions that the trial court enter an order enjoining AEP from installing the university’s line to the duct bank without 701 Niles’ express consent.
A would-be adoptive grandfather who died before the trial court could rule on his adoption petitions was not entitled to have his petitions granted posthumously, the Court of Appeals of Indiana has ruled.
The Court of Appeals of Indiana has stopped an attempt by the University of Notre Dame to install a private transmission line on land that an electric utility took by eminent domain, finding the private school could not “piggyback” on the acquired easements for its own use and benefit.
In considering the arguments made by an Indiana woman who claimed her former employer discriminated against her on the basis of her age and disability, the 7th Circuit Court of Appeals found she could not overcome the pretext hurdle because she essentially offered only a hunch without any supporting evidence.
A mother with a history of mental illness and trouble with the law will regain custody of her children after a split panel of the Court of Appeals of Indiana determined there was insufficient evidence to prove her kids were CHINS. But a dissenting judge expressed concern about the children incurring their mother’s “wrath” if left in her care.
A man who told Indiana State Police that he had smoked methamphetamine hours before he was pulled over has had his operating while intoxicated conviction reversed.
Read Indiana appellate court decisions from the most recent reporting period.
The decision to overturn the nearly 50-year precedent upholding a constitutional right to abortion came at a time when the public’s approval rating of the U.S. Supreme Court was already at historic low.
The weeks between now and the start of the Indiana Legislature’s special session might be the calm before the storm. With the U.S. Supreme Court sending abortion decisions back to the states, Indiana Republican leadership expanded the agenda for the special session from tax relief to also include the crafting of a new abortion law.
Indiana lawmakers plan to convene for a special session on July 25 to address abortion. Meanwhile, Hoosier health care providers and attorneys are scrambling to answer questions about where they fit into the mix and what it will mean to be compliant in a landscape without Roe v. Wade.
Court of Appeals of Indiana
In the Matter of the Contempt of Christopher C. Myers; Adam Williams and Debbie Williams v. Shafer Pick A Part, LLC, and Paul Shafer
22A-CT-142
Civil tort. Affirms the Allen Superior Court’s imposition of sanctions on attorney Christopher C. Myers. Finds the trial court did not abuse its discretion by imposing Trial Rule 37(D) sanctions against Myers, as he was aware of the deposition date and aware that his motion to quash had been denied, but still failed to appear. Declines to recommend or remand for the imposition of appellate penalties.
An Indiana attorney who didn’t show up for a rescheduled deposition because he was “fully booked” has failed to convince the Court of Appeals of Indiana that the sanctions imposed against him were improper.