Government will propose banning flavors used in e-cigarettes
President Donald Trump said Wednesday his administration will propose banning thousands of flavors used in e-cigarettes to combat a recent surge in underage vaping.
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Opinions Sept. 11, 2019
The following 7th Circuit was posted after IL deadline Tuesday.
David Camm v. Stanley Faith
18-1440
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Civil. Affirms in part, reverses in part the Southern District Court’s entry of summary judgment on behalf of Robert Stites, Rodney Englert, Stanley Faith, and Sean Clemons in a damages suit brought by former state trooper David Camm. Finds Camm presented enough evidence to proceed to trial on the Fourth Amendment claim as it relates to the first probable-cause affidavit. Remands for trial accordingly. Also finds trial is warranted on the Brady claim against the same four defendants for suppression of Stites’ lack of qualifications and against Faith and Clemons for suppression of the facts surrounding their handling of the DNA profile on Charles Boney’s sweatshirt.
COA rules for buyers in Zionsville real estate dispute
The Indiana Court of Appeals has affirmed that a settlement agreement between the buyers and sellers of Zionsville real estate was valid and enforceable, rejecting the seller’s arguments that a trial court erred by excluding emails between the parties’ attorneys.
Judicial commission investigating shooting involving judges
The Indiana Commission on Judicial Qualifications is investigating the May 1 shooting that left two Clark County judges wounded and one convicted of misdemeanor battery, the Indiana Supreme Court confirmed Wednesday.
Automatic annual sewer connection fee increases struck down
Towns and cities in Indiana may not adopt a sewer connection fee structure that contains annual increases for new construction, the Indiana Court of Appeals ruled Wednesday in a development case closely watched by homebuilders and local governments.
Ex-trooper Camm’s civil suit linked to wife’s slaying trials revived
Ex-Indiana State Police trooper David Camm, who was convicted then cleared of murdering his wife and young children in multiple trials, partially won an appeal for a new civil trial after the 7th Circuit Court of Appeals ruled in his favor on some of his claims for damages.
NCAA urges California governor not to sign ‘fair pay’ bill
The Indianapolis-based NCAA’s Board of Governors is urging Gov. Gavin Newsom not to sign a California bill that would allow college athletes to receive money for their names, likenesses or images.
Ex-Brinks driver pleads guilty to Hammond armored truck robbery
A Chicago man has pleaded guilty of an armored truck robbery in northwestern Indiana that netted several suspects more than $600,000 in cash.
Fort Wayne man gets 200 years in drug-related triple-slaying
A man who pleaded guilty in the drug-related killings of three people in northeastern Indiana has been sentenced to 200 years in prison.
Indiana boy, 15, to be tried as adult in 2 siblings’ deaths
An Indiana boy who was 13 when he allegedly killed his two young siblings will be tried as an adult in their suffocation deaths.
DCS seeks to keep records sealed in class-action care suit
| Associated Press and IL Staff
Lawyers for Indiana’s Department of Child Services are pushing to seal records in a federal class action lawsuit accusing the child welfare agency of inadequately protecting thousands of children in its care.
Opinions Sept. 10, 2019
Indiana Supreme Court
In the Matter of Brent Welke
49S00-1707-DI-472
Discipline. Suspends attorney Brent Welke from the practice of law in Indiana for three years without automatic reinstatement. Finds Welke committed attorney misconduct by incompetently representing a client, improperly using a nonlawyer assistant and knowingly making false statements of material fact to the Indiana Supreme Court Disciplinary Commission. Justice Steven David dissents regarding the sanction without separate opinion, believing disbarment is warranted.
Lawyer suspended for hiring killer in ‘woefully inadequate’ defense
An Indianapolis attorney who hired a convicted killer to persuade a defendant accused of murder to ditch a public defender and retain him has been suspended for three years for incompetent client representation and lying to the disciplinary commission. A dissenting justice, however, would have disbarred the attorney.
Molester’s 500-plus-year sentence largely upheld
A Rushville man’s sentence of more than 500 years in prison for sexually assaulting his two daughters over the course of their infancy, childhood and teen years was affirmed in large part Tuesday by the Indiana Court of Appeals.
COA affirms dismissal of legal malpractice claim
A convicted child molester who was previously admonished for attempting to circumvent appellate procedures has again lost a case at the Indiana Court of Appeals, this time for legal malpractice allegations against his trial counsel.
Charter schools, state face off in tuition dispute before appellate panel
A panel of the Indiana Court of Appeals heard arguments Monday between numerous Indiana charter schools and the state regarding several million dollars in unpaid tuition the schools say was not provided to cover costs for students.
Judge tosses shareholder suit in Vectren merger
A federal judge has turned away a shareholder lawsuit over a major Indiana utility’s 2018 merger with a Texas-based public utility holding company, using a back-to-school analogy to reason his dismissal of the litigation.
Google, Big Tech face a new set of foes: Nearly all 50 states
Big tech companies have long rebuffed attempts by the federal government to scrutinize or scale back their market power. Now they face a scrappy new coalition as well: prosecutors from nearly all 50 states, including Indiana.
Cass County Council member picked for Indiana Senate seat
A county council member has been picked as the new state senator for a northern Indiana district, replacing departing Sen. Randy Head.
Woman charged with strangling stepdaughter waives counsel
A Marion woman charged in the strangulation death of her 10-year-old stepdaughter has waived her right to an attorney and says she will represent herself in court.