District Courts - The Indiana Lawyer

7th Circuit: Ineffective attorneys argument in fraud case deserves a hearing

June 25, 2020 | Marilyn Odendahl

After the 7th Circuit Court of Appeals vacated the district court’s denial of his motion to vacate his sentence, an Indiana man will have the chance to present his argument that if he had not followed the advice of his “constitutionally ineffective” lawyers and turned down a plea offer, his sentence would have been significantly less than the 92 months he received. One of the lawyers he accuses is now a magistrate judge.

Divided appeals court orders dismissal of Michael Flynn prosecution

June 25, 2020 | Associated Press

A divided federal appeals court on Wednesday ordered the dismissal of the criminal case against President Donald Trump’s former national security adviser Michael Flynn, turning back efforts by a judge to scrutinize the Justice Department’s extraordinary decision to drop the prosecution.

White House wins ruling on health care price disclosure

June 24, 2020 | Associated Press

The Trump administration won a court ruling Tuesday upholding its plan to require insurers and hospitals to disclose prices for common tests and procedures in a bid to promote competition and push down costs.

Prosecutor: Trump ally Roger Stone was ‘treated differently’

June 24, 2020 | Associated Press

A federal prosecutor is prepared to tell Congress on Wednesday that Roger Stone, a close ally of President Donald Trump, was given special treatment ahead of his sentencing because of his relationship with the president.

7th Circuit rejects sentence appeal as ‘way short of due diligence’

June 23, 2020 | Katie Stancombe

The 7th Circuit Court of Appeals has affirmed the denial of a man’s claim that he is entitled to resentencing, concluding that his request was much too late.

Under Trump, ‘You’re fired!’ even greets federal prosecutors

June 22, 2020 | Associated Press

Former Manhattan U.S. Attorney Preet Bharara had a snickering response to news that his successor as top federal prosecutor was “stepping down” from the job. “Doesn’t sound like ‘stepping down,’” Bharara tweeted soon after the announcement was made Friday night that Geoffrey S. Berman was out.

7th Circuit removes East Chicago lead pollution case to federal court

June 19, 2020 | Dave Stafford

Companies sued by residents who claim their former housing complex in East Chicago was polluted by toxins including lead and arsenic prevailed in their bid to have the case heard in federal rather than state court. In doing so, the 7th Circuit Court of Appeals also eased the standard for when a defendant may assert a defense of acting under federal authority.

Roncalli, archdiocese lose bid to limit discovery in fired counselor’s discrimination suit

June 18, 2020 | Olivia Covington

The Indianapolis Archdiocese and an affiliated high school have once again lost a bid to limit discovery in a fired employee’s same-sex discrimination lawsuit to the question of whether the plaintiff’s claims fall under the First Amendment’s “ministerial exception.”

Lawsuit challenges IMPD actions against protesters

June 18, 2020 | Marilyn Odendahl

Indy 10 Black Lives Matter and the American Civil Liberties Union of Indiana have sued the city of Indianapolis, seeking to end the Indianapolis Metropolitan Police Department’s use of chemical weapons and projectiles against protesters.

DCS files multiple responses after motion to dismiss child-welfare suit denied

June 17, 2020 | Marilyn Odendahl

Less than a month after a federal court denied a motion to dismiss, the Indiana Department of Child Services is asking the judge to reconsider the original motion as well as review a second motion to dismiss in an attempt to derail a lawsuit alleging the state violated the constitutional rights of children in its care.

Suit filed over black man’s killing by Indianapolis officer

June 17, 2020 | Associated Press

The mother of a black man who was killed by an Indianapolis police officer filed a federal wrongful death lawsuit Tuesday against the city, its police department and four officers, including the one who fired the fatal shots.

AG Hill accusers vow to pursue ‘all available civil claims’ in state court

June 16, 2020 | Olivia Covington

After a federal court ruling that terminated Indiana Attorney General Curtis Hill as a defendant in their lawsuit, the four women who accuse Hill of sexual misconduct say they will “continue their pursuit of all available civil claims” against the AG.

7th Circuit upholds life sentence for man in Kentucky, Indiana drug conspiracy

June 12, 2020 | Katie Stancombe

A man sentenced to life in prison for his involvement in a large narcotics conspiracy stemming from Louisville, Kentucky did not persuade the 7th Circuit Court of Appeals to reverse his conviction and sentence.

Valpo fighting donor suit over law school contribution valued at $1.4M

June 12, 2020 | Marilyn Odendahl

After recently shuttering its 140-year-old law school, Valparaiso University is going on the offensive to keep a donor from reclaiming a gift worth more than a million dollars that was made to support the legal education program.

7th Circuit halts COVID-19 release for man convicted in IU student’s murder

June 11, 2020 | Olivia Covington

The man convicted in the 2000 murder of Indiana University student Jill Behrman must stay in prison while his habeas case is on appeal, the 7th Circuit Court of Appeals has ruled in a decision vacating a release order issued less than two weeks ago.

7th Circuit affirms judgment for collection agency in class-action suit

June 10, 2020 | Dave Stafford

A district court properly ruled for a debt collector in a class-action suit that sought damages for allegedly misleading letters sent to consumers, the 7th Circuit Court of Appeals ruled Wednesday.

7th Circuit’s Purdue ruling impacting other Title IX lawsuits

June 9, 2020 | Marilyn Odendahl

The case against Purdue University brought by a male student who was expelled and lost his Navy ROTC scholarship after the school determined he had sexually assaulted a female student has survived a second motion to dismiss.

Southern District to resume limited in-person criminal proceedings next week

June 8, 2020 | IL Staff

Limited in-person criminal proceedings can resume in all divisions of the U.S. District Court for the Southern District of Indiana beginning next week, the district court announced Friday.

7th Circuit affirms rejected costs award in debt collector suit

June 8, 2020 | Katie Stancombe

The 7^th Circuit Court of Appeals has affirmed judgment for a man who claimed he was wrongly accused of owing money to a debt collector but declined to award him the more than $25,000 he had requested.

Suit against Allen Co. sheriff transferred to federal court

June 8, 2020 | Associated Press

A lawsuit alleging a northeastern Indiana sheriff violated a teenage boy’s constitutional rights during an altercation last year at a festival has been transferred to federal court.

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