Judge denies inmate request for release over COVID-19 risk
An inmate facing drug and weapons charges who claims he is at a higher risk of contracting the novel coronavirus has been denied his request to be released to home detention for his health.
District Courts
Articles
Public, press can be included in electronic federal court proceedings
Federal courts that have been forced to close courthouses to the public because of the novel coronavirus pandemic have been authorized to use technology to provide the public and press with continued access to court proceedings.
Federal judge throws out jury verdict against Marion County deputy
A jury verdict against a Marion County sheriff’s deputy in a jail inmate’s excessive force case has been vacated after a federal magistrate judge found insufficient evidence to support an excessive-force conviction.
Federal courts search for medical supplies to donate in COVID-19 fight
Federal courts in Indiana and nationwide joined a search for surplus medical supplies that could aid local hospitals in response to the novel coronavirus pandemic after two Florida district courts discovered and donated stockpiles of urgently needed protective gear.
Judge certifies class action against rent-to-buy company Rainbow Realty
A federal lawsuit filed against Rainbow Realty, a rent-to-buy real estate company in Indianapolis, will proceed as a class action after the Southern Indiana District Court certified several plaintiffs’ claims including discrimination, failure to disclose and violating state habitability requirements.
Justice Department suit alleges Anthem overbilled in its popular Medicare Advantage plans
A new lawsuit alleges that Indianapolis-based Anthem Inc., one of the nation’s largest providers of Medicare Advantage plans for seniors, defrauded the U.S. government of millions of dollars over four years by falsely certifying the accuracy of incorrect diagnosis data from doctors and other health providers.
Ball State joins list of schools facing students’ Title IX suits
As the U.S. Department of Education prepares to implement new regulations regarding sexual misconduct on college campuses, lawsuits filed by accused students claiming their rights were violated continue to boil over in the federal courts. Ball State University recently prevailed in the first such case brought by one of its students.
Federal courts get approval for remote access
The Judicial Conference of the United States is temporarily allowing federal courts to use video and teleconferencing for certain criminal proceedings as well as teleconferencing for civil proceedings during the COVID-19 national emergency.
Dismissal of fired Dollar General manager’s ADA claim upheld
A Dollar General district manager who was fired after he returned from medical leave for cancer treatment could not prevail on his claim that his termination violated his rights under the Americans with Disabilities Act, the 7th Circuit Court of Appeals affirmed Wednesday.
Federal prisoner wins habeas relief for miscalculated sentence
A prisoner challenging the calculation of his federal sentence was granted habeas corpus relief Wednesday after a district court judge found his sentences were miscalculated.
US courts make online civics education resources available
With the coronavirus outbreak forcing the closure of schools and preventing many from leaving their houses, the US Courts are offering a series of online civics education resources so homebound students have opportunities to continue learning.
7th Circuit affirms stay of DePuy medical device distribution litigation
A dispute over a medical device maker’s distribution contracts in Southern California was properly stayed in an Indiana federal court after parallel claims were brought here, the 7th Circuit Court of Appeals ruled Wednesday.
Officer responsible for fatal crash didn’t violate victim’s rights, judge rules
A former South Bend police officer who killed a motorist while driving in excess of 90 mph did not violate the motorist’s constitutional rights, a federal judge has ruled in dismissing a civil case against the officer. The judge did, however, authorize the filing of some claims in state court.
US Courts report drop in appellate filings, increase in immigration defendants
Prosecutions against immigrant defendants and cases involving diversity of citizenship saw higher numbers last year, according to the United States Courts’ Annual Report and Court Statistics for 2019. Meanwhile, appellate filings dropped nationwide.
Federal Bar Update: By the (hand)book: Jurisdiction, jurisdiction, jurisdiction
Federal courts are limited jurisdiction tribunals. As such, the federal judiciary carefully guards subject-matter jurisdiction, ensuring at multiple stages of a case, and in the trial court and on appeal, that the case is properly in federal court. Examples of jurisdictional issues abound in federal district courts and are scrutinized in the 7th Circuit, as well.
Indiana must recognize both spouses in female same-sex marriages as parents
A federal court issued an order Tuesday requiring Indiana to include non-birth mothers’ names on their children’s birth certificates, marking a milestone in a long legal battle.
$1.8M restitution order vacated in car dealership fraud
The 7th Circuit Court of Appeals has reversed and remanded for the recalculation of restitution to be paid by a man involved in fraudulent activities at an Indianapolis car dealership.
Trucker awarded nearly $900K after Lawrenceburg post office fall
The United States government has been ordered to pay nearly $900,000 to a disabled truck driver who suffered brain and spinal injuries after a fall at an Indiana post office.
Coronavirus impacting Indiana courts, law firms, schools
The Indiana legal community is taking precautions and ramping up efforts to stay healthy as the coronavirus spreads. Meanwhile, Faegre Drinker announced Wednesday that it had reopened most of its offices Wednesday, including its Indianapolis location. The firm had closed all 22 of its global offices Tuesday after a person who attend a firm event in Washington, D.C., tested positive for COVID-19.
Strong showing of intellectual disability prompts stay of federal execution
A federal judge in Indiana has granted a Louisiana man’s motion to stay his execution pending resolution of his habeas action, finding the man made a strong showing that he is intellectually disabled and as a result, the Federal Death Penalty Act forbids his execution.