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Home » Appeal

Appeal

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Disgraced nursing-home CEO wants felony convictions tossed

January 10, 2019

The ringleader in one of the largest corporate-fraud cases in Indiana in recent years says his legal team at Barnes & Thornburg failed to disclose a “profound conflict of interest.

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Republic Airways revives legal fight with Indianapolis over tax-break clawback

April 29, 2026 | Taylor Wooten

The Indiana Court of Appeals is siding with Republic Airways in the latest battle of an ongoing feud between the airline and the city of Indianapolis over $247,522.17 in tax incentives.

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Appeals court sides with property owners, denies Noblesville excavation biz a zoning variance

September 30, 2025 | Cameron Shaw, The Indiana Lawyer

The opinion upheld a lower court ruling that a Noblesville board erred when it passed a zoning variance for Beaver Gravel Corp. to establish an excavation mine on 68 acres of farmland.

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Supreme Court rules for Biden administration in social media dispute with conservative states

June 26, 2024 | Associated Press

By a 6-3 vote, the justices threw out lower-court rulings that favored Louisiana, Missouri and other parties in their claims that administration officials leaned on social media platforms to squelch conservative points of view.

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JetBlue, Spirit to appeal court’s decision to block planned merger

January 22, 2024 | The Washington Post

The carriers filed a one-page notice of appeal on Friday, just days after Judge William Young blocked what would have been the first airline merger since Alaska Airlines combined with Virgin America in 2016.

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Court preserves access to abortion pill but tightens rules

April 13, 2023 | Associated Press

The ruling late Wednesday temporarily narrowed a decision by a lower court judge in Texas that had completely blocked the Food and Drug Administration’s approval of the nation’s most commonly used method of abortion.

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Court blocks COVID-19 vaccine mandate for federal workers

March 23, 2023 | Associated Press

The 5th U.S. Circuit Court of Appeals in New Orleans rejected arguments that Biden, as the nation’s chief executive, has the same authority as the CEO of a private corporation to require that employees be vaccinated.

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No bones about it: COA rules children don’t have authority to take mother’s dog to father’s home

March 15, 2023 | Tyler Fenwick, The Indiana Lawyer

The children of divorced parents can’t take their mother’s dog to their father’s home during his parenting time, the Court of Appeals of Indiana has ruled in reversing a trial court’s order.

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Ex-Roncalli counselor appeals ruling in favor of Indianapolis Archdiocese

November 1, 2022 | Marilyn Odendahl

Michelle “Shelly” Fitzgerald, the former guidance counselor at Roncalli High School who was fired for being in a same-sex marriage, is turning to the 7th Circuit Court of Appeals.

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Court denies Rokita request to fast-track appeal over abortion ban injunction

September 28, 2022 | Casey Smith, Indiana Capital Chronicle

A three-judge panel unanimously denied the request without further explanation.

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Indiana appeals judge’s order blocking state’s abortion ban

September 23, 2022 | Associated Press

The appeal was filed Thursday night after Owen County Judge Kelsey Hanlon issued a preliminary injunction against the abortion ban, putting the new law on hold.

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Court says city not liable in bar brawl involving off-duty officers

August 23, 2022 | Katie Stancombe, The Indiana Lawyer

A man knocked out by two off-duty Indianapolis police officers during a bar fight and initially awarded more than $1 million in damages could not convince Court of Appeals that the municipality should be held vicariously liable for its employees’ actions.

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Both sides ask Indiana high court to decide on emergency law

November 2, 2021 | Associated Press

Indiana’s attorney general continues to criticize Republican Gov. Eric Holcomb for trying to block a new law that gives state legislators more power to intervene during public health emergencies, even while agreeing that the state Supreme Court should take up the dispute.

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Indiana files appeal in federal pandemic unemployment case

July 20, 2021 | Associated Press and Marilyn Odendahl / The Indiana Lawyer

State officials argued in their court filings Monday that a Marion County judge “abused” his discretion last month by ordering Indiana to resume participation in the benefit programs.

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Ex-nursing home CEO taking fight against Barnes & Thornburg to 7th Circuit

May 17, 2021 | Indiana Lawyer Staff

James Burkhart, who led American Senior Communities, had argued Barnes & Thornburg failed to disclose a “profound conflict of interest” that compromised its representation of him.

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NCAA, broadcaster in contract dispute over COVID cancellation of 2020 March Madness

April 14, 2021 | Olivia Covington, Indiana Lawyer

That case gets to the heart of much litigation that began in 2020: When COVID-19 leads to a contract being broken, what can be recovered and what must be forgiven?

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Court denies appeal by groups challenging limits to Indiana religious freedom law

September 10, 2020 | Associated Press

The state appeals court ruling upheld a suburban Indianapolis county judge’s decision last year that the three groups failed to prove they had faced any harm because of the Religious Freedom Restoration Act.

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Maxim party host that sued IMS, then lost $75K in countersuit, loses appeal

September 18, 2019 | Dave Stafford / The Indiana Lawyer

The 7th Circuit Court of Appeals on Wednesday ruled against Karma International LLC, which in 2016 hosted a Maxim men’s magazine-themed party for the 2016 IndyCar race that lost more than $420,000, according to the court.

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Oaktree Apartments demolition order affirmed by appeals court

August 15, 2019 | Dave Stafford / The Indiana Lawyer

Oaktree Apartments, a blighted 19-acre property at the southeast corner of 42nd Street and Post Road with 336 apartment units, has been vacant since 2014.

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Federal court says Amazon can be sued over defective product

July 10, 2019

A federal appeals court has ruled that Amazon can be sued over a defective product sold by one of its third-party vendors, in a decision the dissenting judge called "a relatively uncharted area of law."

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Court: Purdue may have discriminated in sexual assault case

July 8, 2019

The 7th U.S. Circuit Court of Appeals said Purdue too hastily sided with the man's female accuser and ignored his attempts to provide evidence in his defense.

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