Indiana councilman seeks federal probe in man’s jail death
A Lake County councilman in is calling for a federal investigation into the death of a man at the county jail who had been arrested for speeding.
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7th Circuit tosses legal fees suit arising from bankruptcy case
An unsecured creditor’s lawsuit against two law firms over legal fees collected for services provided to a bankrupt Fort Wayne company’s estate should not have proceeded, the 7th Circuit Court of Appeals ruled Friday.
Opinions July 8, 2016
Indiana Court of Appeals
Brad L. Sullivan v. State of Indiana
16A01-1512-CR-2175
Criminal. Reverses revocation of Sullivan’s community corrections placement. Based on the totality of the circumstances, including the nature of the violation – Sullivan’s commitment for mental health issues, and the sanction, an order he serve the sentence in the DOC – the trial court abused its discretion in finding his violation warranted revoking his community corrections placement. Remands for placement in community corrections.
401(k) fees are attracting more attention—from lawyers
Recent mega-settlements involving 401(k) lawsuits, along with a U.S. Supreme Court ruling last year that put plan fiduciaries on high alert about the need to continuously monitor plan investments, has encouraged more law firms to develop and expand their fiduciary litigation practices.
Astra faces off with FDA on copies of $7 million-a-day drug
AstraZeneca Plc is making a final push to protect a drug that makes $7 million a day in the U.S. against cheaper copies as pressure mounts on the U.K. drugmaker to meet its own projections of almost doubling revenue.
Plea agreement provision ‘constitutionally suspect,’ COA finds
A man who had taken steps to prepare for home detention but was committed for mental health reasons when he was to report to community corrections should not have been ordered to serve his sentence in the Department of Correction, the Indiana Court of Appeals ruled Friday.
Lack of evidence divides judges on false claims suit
Based on the evidence presented before it on a False Claims Act lawsuit brought by a labor union, the 7th Circuit Court of Appeals decided to affirm summary judgment in favor of the union member’s company. But the dissenting judge believed the record required remand for a trial.
Continuous crime doctrine requires reversal of 2 domestic battery convictions
Because the evidence showed a man’s acts of domestic violence against his now ex-wife constituted a single transaction for purposes of the continuing crime doctrine, the Indiana Court of Appeals reversed two of the man’s three convictions.
Supreme Court creates Tax Court Advisory Committee
The Indiana Supreme Court has established a committee to work with the Tax Court to implement reforms and recommendations from a task force created to examine the Tax Court.
Justices: Houseguest couldn’t consent to home search
The Indiana Supreme Court held Thursday that a houseguest at a home in which police discovered drugs did not have the apparent authority to consent to a search of the house.
Opinions July 7, 2016
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of: K.B., Minor Child, and L.B., Father v. The Ind. Dept. of Child Services (mem. dec.)
54A05-1601-JT-55
Juvenile. Affirms involuntary termination of father’s parental rights.
Anderson man indicted on fraud charges
A former Indiana Department of Correction officer has been indicted by a federal jury for committing wire fraud and making false declarations in a federal lawsuit.
No double standard in Clinton probe, FBI director says
Summoned before Congress and aggressively questioned by Republicans, FBI Director James Comey on Thursday strongly defended the government's decision to not prosecute Hillary Clinton over her private email setup. He said there was no evidence that she knew that anything she was doing was against the law or had lied to federal investigators.
Former mayor’s stepdaughter gets home detention for theft
A federal judge has sentenced the stepdaughter of a former northwestern Indiana mayor to six months of home detention followed by two years on probation for embezzling funds from a city court.
Pete Rose sues former baseball investigator over rape claims
Former baseball star Pete Rose on Wednesday sued the lawyer whose investigative report got him kicked out of baseball for gambling, alleging the lawyer defamed him last year by saying on the radio that Rose raped young teen girls during spring training.
Conour defender asks off case, cites ‘near adversarial relationship’
A federal public defender representing former attorney William Conour has asked the 7th Circuit Court of Appeals to remove her “due to the near adversarial relationship now existing between attorney and client.”
Recount starting in Indiana Democratic congressional primary
Work is starting on a recount to confirm the winner of the Democratic primary for southwestern Indiana's congressional seat.
Planned Parenthood challenges new pre-abortion ultrasound law
A new Indiana law requiring women to have an ultrasound 18 hours before an abortion is being challenged in court by Planned Parenthood of Indiana and Kentucky.
Charleston church shooting suspect wants federal case dismissed
Dylann Roof's defense team is challenging the constitutionality of the federal hate crimes law, a legal longshot they say they'll drop if prosecutors agree not to pursue the death penalty in the killings of nine people inside a South Carolina church.
Hearing for wannabe Islamic State fighter moved again
An 18-year-old Indiana man accused of trying to travel overseas to join the Islamic State militant group has had his detention hearing moved for a second time.