High court: Congress erred in patent dispute board setup
The Supreme Court on Monday ruled that Congress erred when it set up a board to oversee patent disputes by failing to make the judges properly accountable to the president.
Court opinions
Articles
Judge tosses most claims over clearing protesters in DC park
A federal judge dismissed most claims filed by activists and civil liberties groups who accused the Trump administration of violating the civil rights of protesters who were forcefully removed by police before then-President Donald Trump walked to a church near the White House for a photo op.
Opinions June 21, 2021
Indiana Court of Appeals
David K. and Jane A. Burton, et al. v. Board of Zoning Appeals of Madison County, and Lone Oak Solar, LLC
20A-MI-2186
Miscellaneous. Affirms the denial of neighbors David and Jane Burton, Bob and Jean Mills, Curtis and Rebecca Harrison, Kara and Richard Brown, Ross and Katrina Hunter, Joshua Hiday, John Doe and Jane Doe’s petition for judicial review in favor of the Board of Zoning Appeals of Madison County and Lone Oak Solar Energy LLC. Finds the votes of BZA members Mary Jane Baker and Beth VanSickle in favor of Lone Oak were valid and that there was substantial evidence to support Lone Oak’s special use applications and setback variances.
Opinions June 18, 2021
Opinions June 18, 2021 Indiana Court of Appeals A.C. James, Jr. v. State of Indiana (mem. dec.) 19A-PC-2311 Post-conviction. Affirms the denial of A.C. James Jr.’s petition for post-conviction relief. Finds the errors he alleged do not amount to ineffective assistance of counsel. Marq Hall v. State of Indiana (mem. dec.) 19A-PC-2919 Post-conviction. Affirms the […]
Opinions June 17, 2021
Indiana Supreme Court
City of Marion v. London Witte Group, LLC, Chad Seybold, Estate of Michael Y. An, Global Investment Consulting, Inc., and World Enterprise Group, Inc.
20S-MI-00567
Miscellaneous. Affirms and reverses in part the grant of summary judgment to London Witte Group in a dispute with the city of Marion. After applying the adverse domination doctrine, finds summary judgment was inappropriate for all of the city of Marion’s claims because there are genuine issues of material fact as to whether former Mayor Wayne Seybold adversely dominated the city, and whether London Witte Group helped him do so. Remands for further proceedings.
Supreme Court dismisses challenge to Obama era health law
The Supreme Court has dismissed a challenge to the Obama era health care law, preserving insurance coverage for millions of Americans.
Corruption dispute between Marion, financial adviser headed to trial
A dispute between a city administration and a financial advising group that allegedly contributed to corruption in the city is headed to trial after the Indiana Supreme Court reversed the award of summary judgment for the adviser.
High court sides with Catholic agency in foster care dispute
The Supreme Court on Thursday unanimously sided with a Catholic foster care agency that says its religious views prevent it from working with same-sex couples as foster parents. The justices said the city of Philadelphia wrongly limited its relationship with the group as a result of the agency’s policy.
Opinions June 16, 2021
7th Circuit Court of Appeals
Design Basics, LLC, et al. v. Kerstiens Homes & Designs, Inc, et al.
18-3202, 19-3118 & 20-1515
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Civil. Affirms the Indiana Southern District Court’s award of $518,457.80 in attorney fees to Kerstiens Homes & Designs Inc. and the dismissal of Design Basics LLC’s copyright infringement suit against Kerstiens. Finds the allegedly infringing floor plans consist largely of standard features found in homes across America.
$518K attorney fee award affirmed for Jasper homebuilder, against copyright ‘troll’
A Jasper homebuilder awarded more than $518,000 in attorney fees in a dispute with an “intellectual property troll” over the use of certain floor plans gets to keep that money, the 7th Circuit Court of Appeals affirmed in a Wednesday decision.
Opinions June 15, 2021
Indiana Court of Appeals
Michael Bousum v. Amber Bousum
20A-DR-1834
Domestic relations. Affirms the Clinton Superior Court’s order awarding appellate attorney fees to Amber Bousum from the father of her child, Michael Bousum. Finds Amber’s request for appellate attorney fees is not barred by res judicata or by the law of the case doctrine.
Indiana Lawyer, IBJ Media earn top honors at 2020 Best of Indiana Journalism awards
Indiana Lawyer reporters and designers brought home 12 awards from the Indiana Chapter of the Society of Professional Journalists’ annual Best of Indiana Journalism Contest, including four top honors. The awards were announced Monday in a virtual ceremony.
COA affirms $15K attorney fee award in parents’ custody dispute
An order awarding $15,000 in attorney fees to a mother after her ex-husband sought to modify custody and child support will stand, the Indiana Court of Appeals has ruled. It found the fees weren’t barred by res judicata or the law of the case doctrine.
I-469 worker struck in traffic loses appeal against insurance company
A construction worker struck by a driver while placing barriers on Interstate 469 could not convince the Indiana Court of Appeals on Monday that his bad faith claim against his employer’s insurer was wrongly ruled upon.
Opinions June 14, 2021
Indiana Court of Appeals
Pradeep Kumar Toppo v. State of Indiana
20A-CR-2099
Criminal. Affirms Pradeep Toppo’s conviction for Level 6 felony operating a vehicle while intoxicated and Class C infraction driving left of center. Holds that the traffic stop was lawful based on Toppo’s traffic violation and that the trial court did not err when it admitted evidence that law enforcement had obtained following a traffic stop.
COA: Greenwood man who ‘disparaged’ trial judge must pay for settlement negotiations
The Indiana Court of Appeals has affirmed an order requiring a Johnson County man to pay his public adjuster for negotiating a settlement on his damaged home. The court found appellate review of his issues were waived, also noting with distaste his words about the trial judge in his case.
COVID restrictions didn’t lead to violation of public trial in robbery case, COA rules
A man who stole a Jeep after threatening the vehicle’s owner with a hatchet did not have his right to a public trial violated due to restrictions imposed as a result of the COVID-19 pandemic, the Indiana Court of Appeals ruled Monday.
COA upholds admission of drunken driving evidence after motorist stopped for crossing center line
A request to suppress evidence in a Tippecanoe County man’s drunken driving case did not succeed at the Indiana Court of Appeals, which upheld the denial of the suppression motion and found that the stop of the man’s vehicle was lawful.
Opinions June 11, 2021
7th Circuit Court of Appeals
United States of America v. Jeffrey Esposito
20-1124
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane E. Magnus-Stinson.
Criminal. Affirms Jeffrey Esposito’s sentence to 200 years in prison, a de facto life sentence, for his convictions of multiple counts of sexually exploiting a child as well as possession of child pornography. Finds the district court did not err when sentencing Esposito.
COA reaffirms trial court lacked jurisdiction in Florida suit between IU professor, Russian bank
The Indiana Court of Appeals has reaffirmed its prior holding that a Monroe County trial court lacked subject matter jurisdiction in a Florida case between a Bloomington professor and a Russian bank centered on an alleged 2016 political hacking scandal.