RE/MAX claims franchisee steered brokers to competitor
RE/MAX is suing one of its local franchisees for allegedly instructing his employees to join a national competitor so that he could later follow them and collect a recruitment bonus.
U.S. District Court for the Southern District of Indiana
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7th Circuit: Collection agency entitled to fees after woman defaulted on small hospital debt
A collection agency didn’t violate the Fair Debt Collection Practices Act when it attempted to collect attorney fees and “fees-on-fees” from an Indianapolis woman who defaulted on a small debt to an Indiana hospital system, the 7th Circuit Court of Appeals has ruled.
Maley: Third-party subpoenas: Advance service compliance
Federal practitioners regularly issue and respond to third-party subpoenas for documents. Expansive revisions to Rule 45 of the Federal Rules of Civil Procedure were made in 2013, but many subpoenas are still issued that do not comply. One of the most common issues is failing to serve parties with the third-party subpoena prior to (or even after) service on the third party.
7th Circuit denies appeal for habeas corpus relief
In a case presenting a “rare circumstance” that “few if any other federal prisoners face,” the 7th Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Indiana did not err in denying habeas corpus relief to an Indiana man on Friday. The 7th Circuit did acknowledge, however, the appellant’s argument that his counsel was ineffective by not challenging whether his drug convictions were predicates would succeed today.
Adult store granted temporary restraining order against Town of Clarksville
An adult store seeking to set up shop in Clarksville was granted its motion Tuesday for a temporary restraining against the town, which it contends is in the process of amending zoning ordinances to permanently prevent the store’s operation before it can even begin.
Trailblazing judge featured as part of Hispanic Heritage Month in Southern Indiana District
Chief Judge Juan R. Sánchez of the U.S. District Court for the Eastern District of Pennsylvania will be the keynote speaker at the fifth annual Hispanic Heritage Month Celebration hosted by the U.S. District Court for the Southern District of Indiana and the Indiana State Bar Association Latino Affairs Committee.
Indy environmental cleanup case partially remanded on liability questions
The 7th Circuit Court of Appeals has vacated an Indiana Southern District Court ruling in an environmental cleanup dispute in Indianapolis, finding its determinations on apportionment and allocation of liability required remand.
Lawsuit: Evansville police caused Pennsylvania man’s death
The family of a Pennsylvania man who died in Evansville police custody in 2019 after struggling with officers is suing the city and three officers, alleging they caused his death by using excessive force.
Court rules IU’s access of data on ID cards did not violate Constitution
Four Indiana University students failed to persuade a federal court that their privacy rights were violated when the school tracked their movements through the data gathered from their university identification cards as part of an investigation into a suspected fraternity hazing incident.
Lawsuit accuses Lilly of favoring millennials over older job applicants
Eli Lilly and Co. refuses to interview and hire older workers, systematically favoring recent college graduates and other younger applicants, a new lawsuit alleges.
Training offered for attorney volunteers in Indiana Southern District Court
Indiana attorneys interested in joining the pool of volunteers at the Southern Indiana District Court are invited to attend a one-hour training session in October to learn more about representing indigent litigants as part of the court’s recruited counsel program.
Title IX case against IU Medical School officials continues to summary judgment
A Title IX lawsuit filed by a former student against the Indiana University School of Medicine and its top officials will be able to partially continue after a federal court allowed certain due process allegations arising from the expulsion to proceed.
Federal courts impose new COVID-19 restrictions amid surge
Just as in-person hearings and trials resumed at courthouses around the country, a surge of coronavirus cases sparked by the delta variant has prompted some federal courts to impose new restrictions and requirements for mask-wearing and vaccinations.
Federal judge denies state’s stay pending appeal of expansive abortion ruling
Following an expansive decision that both struck down and upheld numerous provisions of Indiana’s abortion regulation code, a federal judge has declined the state’s request to stay enforcement of that decision pending appeal.
Fired Roncalli counselor Starkey appeal brings ‘ministerial exception’ back to 7th Circuit
Lynn Starkey, the long-time educator fired from Roncalli High School for being married to a woman, is appealing a decision from the Southern Indiana District Court that is potentially the first to extend the “ministerial exception” to cover school guidance counselors.
Siblings secure settlement against Evansville, Kentucky police in false confession case
A wrongful imprisonment lawsuit filed by an Evansville family against local police has been put to rest years after three teens were allegedly coerced into confessing to murdering their homeless uncle — something the accused claim never happened.
Court issues wide-ranging abortion ruling; Indiana to appeal after state, abortion providers take home wins, losses
The state of Indiana has filed its notice of appeal following an expansive decision striking down portions of the state’s abortion regulation code and upholding other portions.
Former Roncalli counselor to appeal ruling for Archdiocese to 7th Circuit
Lynn Starkey, the Roncalli High School counselor who was fired for being in a same-sex marriage, is planning to appeal Wednesday’s ruling in federal court that found the ministerial exception barred her discrimination claims.
Indiana officials appealing decision against abortion laws
The Indiana attorney general’s office has started an appeal of a federal judge’s ruling that several state laws restricting abortion are unconstitutional, including the state’s ban on telemedicine consultations between doctors and women seeking abortions.
Court rules for Roncalli in lawsuit brought by fired counselor in same-sex marriage
Roncalli High School has won a victory in its legal battle with a former guidance counselor who raised discrimination claims after she was fired for being in a same-sex marriage. A federal judge ruled Wednesday that the counselor’s claims against the Indianapolis Catholic high school are barred by the First Amendment’s ministerial exception.