Courts

60 teachers to get Supreme Court education

August 26, 2016
IL Staff
Sixty teachers from schools in 35 Indiana counties will take part next week in a court education and history program sponsored by the Indiana Supreme Court and the Indiana Historical Society. Judges and lawyers nominated the educators earlier this year.
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Woman’s outburst politically ambiguous; disorderly conduct conviction stands

August 26, 2016
Jennifer Nelson
The Indiana Court of Appeals upheld a Michigan City woman’s disorderly conduct conviction after finding the focus of her speech was politically ambiguous and the state acted rationally in impairing her speech while trying to serve an arrest warrant.
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Alere sues Abbott to force completion of $5.8B deal

August 26, 2016
 Bloomberg News
Alere Inc. sued Abbott Laboratories claiming the medical-device maker failed to get U.S. antitrust clearance for their $5.8 billion merger agreement, potentially scuttling the controversial deal.
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GM wins ignition-switch trial, but legal woes aren’t over

August 26, 2016
 Bloomberg News
General Motors Co.’s victory in a Houston courtroom Thursday makes the carmaker three for three in trials related to an ignition-switch defect, but its legal entanglements may stretch on for years.
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Burkini ban in French beach town reversed by Supreme Court

August 26, 2016
 Bloomberg News
France’s top court struck down a push by local governments to ban the “burkini” from the nation’s beaches, saying the Muslim-style full-body swimming outfits don’t create a public threat that justifies impinging on freedom of religion.
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Monarch affiliate gets big win in effort to sell liquor

August 26, 2016
Hayleigh Colombo, IBJ Staff
A Marion County Superior Court judge has ruled in favor of a Monarch Beverage Co. affiliate called Spirited Sales LLC in its quest to gain a permit to wholesale liquor, a win in Monarch’s years-long effort to enter the spirits business.
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7th Circuit tackles ‘moral turpitude’ in immigration case

August 25, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals is concerned about the classification of every crime involving deception involving “moral turpitude,” which would prevent some unauthorized immigrants from seeking discretionary cancelation of removal under the law.
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Regulators OK final settlement over controversial Edwardsport plant

August 25, 2016
John Russell, IBJ Staff
A bitter, costly fight over who will pay for Duke Energy’s $3.5 billion coal-gasification plant, one of the most expensive projects in Indiana history, is finally over.
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Summit focuses on coordinating efforts to fight drug abuse

August 24, 2016
 Associated Press
State Supreme Court justices and other high-ranking officials huddled Wednesday to discuss ways to coordinate efforts to battle the drug abuse epidemic in a judicial summit involving some of the hardest-hit states.
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Willis takes first administrative lead role in state’s judiciary

August 24, 2016
Dave Stafford
Mary Willis is known in the Indiana judiciary for going beyond the day-to-day duties of a trial court judge — a mover and shaker who seemed a natural choice for the newly created position of chief administrative officer for the Indiana Supreme Court.
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Swearing in Slaughter

August 24, 2016
A photo from the Aug. 11 investiture ceremony of Justice Geoffrey Slaughter.
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Workplace harassment endures, evolves

August 24, 2016
Dave Stafford
Despite decades of on-the-job training for workers and numerous high-profile lawsuits, harassment by managers and co-workers persists. Though the number of sexual harassment claims has declined in recent years, companies still get hit with thousands of lawsuits alleging harassment of some kind each year.
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7th Circuit opinion highlights confusion over LGBT discrimination protection

August 24, 2016
Marilyn Odendahl
Within the first nine pages of its opinion, the 7th Circuit Court of Appeals affirmed a district court’s ruling that sexual orientation is not protected by Title VII of the 1964 Civil Rights Act. And there, the panel could have ended its discussion. But the court spotlighted the growing confusion in the courts of when, exactly, sexual orientation crosses the line into gender nonconformity.
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Judge rules in favor of scorned e-liquid manufacturer in vaping case

August 23, 2016
Hayleigh Colombo, IBJ Staff
Opponents of Indiana’s controversial vaping law scored a victory Friday when a federal judge ruled in favor of a Florida e-liquid manufacturer that argued the law was unconstitutional.
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No appeal in Indiana woman's overturned feticide conviction

August 23, 2016
 Associated Press
The attorney for an Indiana woman whose feticide conviction for a self-induced abortion was overturned said Tuesday he's pleased the state's attorney general decided not to appeal that ruling and hopes she's freed soon from prison.
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Justices: Refusal to submit to chemical test depends on circumstances of each case

August 23, 2016
Jennifer Nelson
The Indiana Supreme Court declined to go as far as one Court of Appeals judge did in declaring that “anything short of an unqualified, unequivocal assent to a properly offered chemical test constitutes a refusal.” In affirming the administrative suspension of a woman’s driver’s license, the justices concluded that whether someone refuses to submit to a chemical test depends on the circumstances of each case.
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Promise to pay for broken nose breathes life into estoppel claim

August 23, 2016
Marilyn Odendahl
A young woman who suffered a broken nose trying to help law enforcement can have her estoppel claim move forward even though she did not file a timely notice under the Indiana Tort Claims Act.
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Prisoner’s 2241 petition again fails in 7th Circuit

August 23, 2016
Marilyn Odendahl
A federal prisoner trying to challenge his sentence has again tripped over procedure and lost his second appeal before the 7th Circuit Court of Appeals.
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COA advice: Leave affirmation out of jury instructions

August 23, 2016
Dave Stafford
A man’s convictions of battery and disorderly conduct will stand, but the Indiana Court of Appeals cautioned trial courts that including law enforcement affirmations in jury instructions should not, calling the practice “undesirable and completely avoidable.”
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Feds: Charleston church shooting suspect 'self-radicalized'

August 23, 2016
 Associated Press
A white man charged with the shooting deaths of nine black churchgoers in Charleston "self-radicalized" in the months before the attack and grew more entrenched in his beliefs in white supremacy, according to court papers prosecutors filed this week in federal court.
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Ex-Fox News host sues Roger Ailes, others

August 23, 2016
 Associated Press
Former Fox News host Andrea Tantaros has charged in a lawsuit she was sexually harassed by former network chief Roger Ailes and other top executives.
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Was painting by famed living artist? US judge to decide

August 23, 2016
 Associated Press
A federal judge in Chicago is set to issue a verdict in a peculiar civil trial over a celebrated Scottish-born artist's insistence that he did not paint a landscape work that was once valued at more than $10 million.
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Split COA reverses sex conviction on ‘Romeo and Juliet’ grounds

August 22, 2016
The majority of a Court of Appeals panel reversed the conviction of a young man who claimed he was wrongly denied an opportunity to present Indiana’s “Romeo and Juliet” law as an affirmative defense to a charge of sexual misconduct with a minor.
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City owes man legal fees for ‘meritless, possibly frivolous’ case

August 22, 2016
Dave Stafford
The Indianapolis Metropolitan Police Department and the city’s Office of Corporation Counsel pursued a ‘wholly meritless, possibly frivolous argument’ in a public-records case, the Court of Appeals ruled Monday. The city will pay the legal fees of a man who sued to obtain records after he was denied.
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Angie's List agrees to settle class-action suit for $1.4 million

August 22, 2016
Jared Council, IBJ Staff
Angie's List Inc. has agreed to pay $1.4 million to settle a class-action lawsuit claiming it manipulated search results and ratings to favor advertisers—claims that the home-services company denies.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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