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Reversal: Appeals court strips charter schools of $8.5M tuition judgment

September 24, 2019 | Katie Stancombe

Several Indiana charter schools couldn’t convince an Indiana Court of Appeals panel that they are entitled to a semester’s worth of tuition support funding, as a trial court had ruled.

11/7 – When Should State Courts “Let it Be”? Current Lessons on Stare Decisis from SCOTUS (Indianapolis)

Speaker: Judge Martha Wentworth, Indiana Tax Court Date: Thursday, November 7, 2019 Time (local time): 11:00 am – 12:00 pm Credit hours: 1.0 CLE Cost: $25 (includes printed materials) There is no charge for members or employees of the Indiana General Assembly, employees of the Indiana Board of Tax Review, employees of the Indiana Dept. […]

Appellate court affirms TPR case involving drug abuse

September 24, 2019 | Katie Stancombe

A mother struggling with drug abuse did not convince the Indiana Court of Appeals on Tuesday that her parental rights for her two sons should not be terminated.

11/7 – Indiana Disciplinary Cases Update: An Ethics CLE (Indianapolis)

Speaker: Michael Witte, Executive Secretary, Indiana Supreme Court Disciplinary Commission Date: Thursday, November 7, 2019 Time (local time): 9:45 – 10:45 am Credit hours: 1.0 CLE / Ethics Cost: $25 (includes printed materials) There is no charge for members or employees of the Indiana General Assembly. Click here to register. Location: Indiana Statehouse Third Floor, […]

11/7 – Ethics and State Contracting: Legal and Ethical Considerations When Current or Former Employees Seek to Contract with the State (Indianapolis)

Speaker: Lori Torres, Indiana Inspector General Date: Thursday, November 7, 2019 Time (local time): 8:30 – 9:30 am Credit hours: 1.0 CLE / Ethics Cost: $25 (includes printed materials) There is no charge for members or employees of the Indiana General Assembly, employees of the Inspector General’s Office, employees of the Auditor of State’s Office, […]

Bar passage rate improves slightly post-appeal

September 24, 2019 | Marilyn Odendahl

Following the appeals process, the overall pass rate for the July 2019 Indiana bar exam has risen to 3 percentage points to 65%, a repeat of the pre- and post-appeal pass rates for the July 2018 exam.

ILS joins effort to block Indiana’s Medicaid work requirements

September 24, 2019 | Marilyn Odendahl

A lawsuit challenging Indiana’s work requirements for Medicaid recipients, which according to the state’s own estimates would result in roughly 24,000 people losing health care coverage each year, was filed in federal court Monday.

Reversal: Homeowner cannot withhold HOA fees in protest

September 24, 2019 | Katie Stancombe

An Indianapolis resident who refused to pay his homeowner association fees due to the deteriorating conditions of the neighborhood couldn’t convince the Indiana Court of Appeals that he shouldn’t have to pay.

Law enforcement dog attacks woman being helped by deputy

September 24, 2019 | Associated Press

Authorities say a law enforcement dog attacked a woman who was being helped by a sheriff’s deputy after she fell off a motorcycle in Alexandria.

Man’s family sues police over his suicide at Indiana jail

September 24, 2019 | Associated Press

The family of a man who took his own life in the Howard County Jail in Kokomo is suing local police, alleging his death was avoidable.

Suspended lawyer facing theft counts in 4 counties wanted again

September 24, 2019 | Dave Stafford

The suspended Greenwood lawyer accused of stealing hundreds of thousands of dollars from disabled and special-needs clients is again facing a warrant for his arrest, this time for failing to appear as ordered at a hearing in one of the multiple felony theft cases he faces.

Trump ordered aid frozen; more Democrats want impeachment

September 24, 2019

President Donald Trump ordered his staff to freeze nearly $400 million in aid to Ukraine a few days before a phone call in which he pressured the eastern European nation’s leader to investigate the family of political rival Joe Biden, a revelation that comes as more Democrats move toward impeachment proceedings.

Opinions Sept. 23, 2019

September 23, 2019

The following opinions were posted after IL deadline Friday.
7th Circuit Court of Appeals
Donald Wayne Bush v. USA
16-3244
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Vacates the Southern District Court’s decision due to its basis on an “erroneous jurisdictional view.” Finds that although the bankruptcy judge was right to hold that he had authority to resolve the tax dispute between Donald and Kimberly Bush and the United States while the Bushes’ bankruptcy was ongoing, the exercise of that authority was no longer appropriate. Remands with instructions to remand to the bankruptcy judge for the entry of an order under §1334(c)(1), marking the final step in the Bushes’ bankruptcy proceedings.

Proper forum for dispute is tax court, not bankruptcy

September 23, 2019 | Katie Stancombe

A federal appellate panel has answered questions as to whether a bankruptcy court can determine the amount of a debtor’s tax obligations when the debtor is unlikely to pay them. Although a U.S. Bankruptcy Court for the Southern District of Indiana answered yes to that question, a district judge disagreed.

Attorney discipline hearing stemming from Park Tudor scandal begins

September 23, 2019 | Olivia Covington

The disciplinary hearing against a prominent Ice Miller employment attorney who represented the Park Tudor School during a sex scandal involving the boys basketball coach began Monday, when the Indiana Supreme Court Disciplinary Commission began the administrative prosecution.

COA dismisses ex-bank employee’s appeal in noncompete case

September 23, 2019 | Katie Stancombe

The Indiana Court of Appeals has dismissed a man’s appeal of a preliminary injunction against him in a noncompete dispute with the bank that formerly employed him.

Police arrest Gary council leader over firing shots at teens

September 23, 2019 | Associated Press

Police in northwestern Indiana have arrested the Gary City Council president on allegations he fired a gun at two teenagers he suspected of stealing his car and taking one of them back to Gary.

Indiana Lawyer’s Covington collects Judges Association Media Award

September 23, 2019 | IL Staff

Indiana Lawyer managing editor Olivia Covington was awarded the Indiana Judges Association’s Media Award for her coverage of Indiana’s problem-solving courts.

Curry to resign as Marion County prosecutor

September 23, 2019 | Marilyn Odendahl

Marion County Prosecutor Terry Curry will resign from office due to health concerns, his office announced in a statement today.

Ex-Portage mayor fighting federal convictions

September 23, 2019 | Associated Press

A former northwestern Indiana mayor is continuing to fight the bribery and tax obstruction convictions that forced him from office earlier this year.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

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