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Judge rules Carmel noise ordinance unconstitutional, sides with two Lucas employees

September 3, 2019 | Indianapolis Business Journal Staff

In a ruling that declares Carmel’s noise ordinance unconstitutional, a city court judge has found in favor of two employees of the Lucas family estate who were sued by the city after it accused them of violating the ordinance.

General Assembly: Indiana isn’t ‘employer’ in groping suit against Hill

September 3, 2019 | Olivia Covington

The Indiana House and Senate are doubling down on their argument that Indiana Attorney General Curtis Hill cannot adequately represent their interests against discrimination and retaliation allegations brought by three legislative staffers against Hill and the state. In new court filings, the two legislative bodies say they are the entities that are legally considered the women’s employers, so they alone have the right to defend their sexual harassment prevention and response policies against the harassment allegations.

Tax Court affirms business center’s voluntary withdrawal of property tax appeal

September 3, 2019 | Katie Stancombe

An objection to an Indianapolis business center’s voluntary withdrawal of its property tax appeal was not improperly overruled, the Indiana Tax Court ruled Monday.

9/24 – Mediation of Probate/Estate Disputes (Indianapolis)

Speakers: -Ellen Deeter, Dale & Eke -Brian Hewitt, Hewitt Law and Mediation LLC Date: Tuesday, September 24, 2019 Time (local time): 4:00 – 5:00 pm Credit hours: 1.0 General CLE / 1.0 CME Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 […]

9/24 – Article 9 Issues for Commercial and Bankruptcy Bar Practitioners (Indianapolis)

Speakers: -Thomas Blackwell, Blackwell, Burke & Ramsey PC -Kayla Britton, Faegre Baker Daniels LLP -John Hauber, Chapter 13 Standing Trustee -Mark Zuckerberg, Law Office of Mark S. Zuckerberg PC Date: Tuesday, September 24, 2019 Time (local time): 9:00 am – 12:00 pm Credit hours: 3.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis […]

9/23 – Pro Bono Ethics: Knowing The Rules to Ensure a Positive Outcome (Indianapolis)

Speakers: -Michelle Allen, Indiana Department of Homeland Security -Jeff Heck, Indiana Legal Services Date: Monday, September 23, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE / 1.0 Ethics Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 […]

9/19 – Automation Contracts: A Live Negotiation of Key Provisions (Indianapolis)

Speakers: Mark Voigtmann and Brian Clifford, both of Faegre Baker Daniels LLP Date: Thursday, September 19, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  Indianapolis Bar Association […]

9/18 – Bad Faith Litigation: Beyond the Basics (Indianapolis)

Speakers: -Bryan Bradley, Kenneth J. Allen Law Group -James Strenski, Cantrell, Strenski & Mehringer LLP -John Trimble, Lewis Wagner LLP -William Winingham, Wilson Kehoe Winingham LLC Date: Wednesday, September 18, 2019 Time (local time): 2:00 – 5:00 pm Credit hours: 3.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar […]

Reversal: Trust’s residual beneficiary not reasonably certain

September 3, 2019 | Katie Stancombe

The denial of a motion to intervene was reversed Monday after the Indiana Court of Appeals agreed with the would-be intervenor’s argument that the language of a trust did not define a residual beneficiary with reasonable certainty.

Macey Swanson expanding after closure of Fillenwarth Dennerline

September 3, 2019 | Marilyn Odendahl

After more than half a century of representing labor unions, working Hoosiers and public interest organizations, the Indianapolis law firm of Fillenwarth Dennerline Groth & Towe closed Sept. 1. However, two attorneys from the firm will be joining and helping transform Macey Swanson into Macey Swanson Hicks Sauer & Vlink LLP.

Supreme Court hosting e-filing celebration Wednesday

September 3, 2019 | IL Staff

To celebrate the conclusion of a years-long rollout of electronic filing in all 92 Indiana counties, a statewide e-filing celebration will be hosted by the Indiana Supreme Court to mark the milestone. The celebration will take place at 12 p.m. Wednesday in the Sullivan County Courthouse.

Former Indianapolis payroll exec pleads guilty in $9.4M fraud scheme

September 3, 2019 | Indianapolis Business Journal Staff

An Indianapolis man who operated a downtown payroll services business pleaded guilty to federal charges Friday after admitting to conducting a fraud scheme that cost his clients and the Internal Revenue Service more than $9.4 million, the U.S. Attorney’s Office announced.

Flight attendant agrees to undergo alcohol abuse counseling

September 3, 2019 | Associated Press

A flight attendant charged with public intoxication after passengers on a Chicago-to-South Bend flight noticed her inebriation has agreed to undergo alcohol abuse counseling. Julianne March of Waukesha, Wisconsin, reached a pretrial diversion agreement that includes alcohol abuse evaluation and counseling during her Aug. 29 initial hearing.

New Castle prison guard charged with trafficking, misconduct

September 3, 2019 | Associated Press

A guard at the New Castle Correctional Facility faces official misconduct and trafficking charges after allegedly delivering cellphones and unknown substances to two inmates. Charges were lodged Aug. 29 against 56-year-old Max Catron of New Castle.

IMPD chief: Officer punching teen in face not ‘reasonable’

September 3, 2019 | Associated Press

Indianapolis Police Chief Bryan Roach says it was not “reasonable” for one of his officers to punch a teenager in the face during a confrontation outside a school captured in a video posted on social media. Roach said in a statement Saturday, “The video shows a clear image of a closed fist punch to the face, a technique which is not taught or reasonable given the facts known to us at this time.”

Sports betting on in Indiana, governor bets on home teams

September 3, 2019 | Associated Press

Sports betting is underway in Indiana, with Gov. Eric Holcomb placing a bet at the Indiana Grand Racing & Casino in Shelbyville.

Family of Carmel teen sues Juul, calling e-cigarettes addictive, dangerous

September 3, 2019 | Indianapolis Business Journal Staff and John Russell

A Carmel family is suing Juul Labs Inc., saying the company’s e-cigarettes contain excessively high amounts of nicotine and do not include warnings that the products can become addictive.

Opinions Aug. 30, 2019

August 30, 2019

The following 7th Circuit Court of Appeals was posted after IL deadline on Thursday.

Malcolm Cobb, Jr. v. Aramark Correctional Services
18-1909
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Reverses and remands the Southern District Court’s dismissal of Malcolm Cobb Jr.’s lawsuit, finding he was late in filing his state-court negligence action against Aramark Correctional Services, which then was removed to federal court. Finds the district court misinterpreted Indiana’s prison mailbox rule and that Cobb had submitted reasonable, legitimate, and verifiable documentation supporting his claim that his documents were timely submitted.

 

Lefstein leaves legacy in classroom and public defense  

August 30, 2019 | Marilyn Odendahl

In the middle of what likely was chaos on a spring day in 1971, Norman Lefstein sat down and calmly wrote a petition for habeas corpus.

7th Circuit reinstates Ford discriminatory hiring class-action

August 30, 2019 | Dave Stafford

Ford Motor Co. and other defendants must face a class-action lawsuit alleging discriminatory hiring practices at a Chicago-area assembly plant. Plaintiffs convinced a federal appeals court to let proceed their claims that hiring practices at the plant could negatively impact Hispanic workers in northwestern Indiana and elsewhere hoping to land a job there.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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