Broken bumper leads to charges in Indiana hit-and-run death
A southwestern Indiana woman has been charged in a hit-and-run death after police matched a section of bumper found at the accident scene to her car.
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Indiana Guard chief resigns days after retaliation suit’s filing
The leader of the Indiana National Guard is resigning days after a former contract worker accused him of retaliating against her for reporting his alleged affair with a subordinate.
Random drug screen requirement reversed for mom in CHINS case
A mother found driving intoxicated with her three minor children in the car lost her appeal of a determination that they are children in need of services, but won a reversal of a requirement that she submit to random drug screens as part of her parental participation order.
Opinions Aug. 12, 2019
Indiana Court of Appeals
Neurological Institute and Specialty Centers, P.C. v. Subhasree Misra, M.D. (mem. dec.)
18A-PL-3039
Civil plenary. Affirms the denial of Neurological Institute and Specialty Centers, P.C.’s motion for preliminary injunction to enforce a restrictive covenant preventing Dr. Subhasree Misra from practicing medicine independently or as an employee for an organization within five Indiana counties for two years after the expiration or termination of her employment agreement with NISC. Finds the Lake Circuit Court did not abuse its discretion in denying NISC’s motion for preliminary injunction.
Justices deny transfer to murderer, parents’ appeals
| IL Staff
Indiana Supreme Court justices unanimously denied transfer to more than 20 cases last week, including appeals from a man who is serving 70 years behind bars for murdering his girlfriend and from parents who claim medical care providers failed to properly treat their infant daughter.
Marijuana, immigration, new president on ABA House of Delegates schedule this week
| IL Staff
Dozens of policy issues will be addressed over the next two days during the American Bar Association’s 2019 annual meeting, where a new president will be installed.
Last Indiana county open for voluntary e-filing
| IL Staff
Electronic filing is available in each of Indiana’s 92 counties now that Sullivan County rolled out voluntary e-filing this month. Sullivan Circuit and Superior Courts were the last to make the e-filing transition across Indiana’s 92 counties, implementing voluntary e-filing Friday and concluding the statewide rollout in county courts.
House Judiciary sues to force McGahn to testify
The House Judiciary Committee took another step toward possible impeachment proceedings, filing a lawsuit in federal court on Wednesday aimed at forcing former White House counsel Donald McGahn to testify about his interactions with President Donald Trump.
Virginia transgender bathroom case: Judge favors ex-student
A federal judge in Virginia ruled Friday that a school board’s transgender bathroom ban discriminated against a former student, Gavin Grimm, the latest in a string of decisions nationwide that favor transgender students who faced similar policies.
Attendant removed from South Bend flight charged with intoxication
A flight attendant on a Chicago-to-South Bend flight has been charged with public intoxication. Forty-nine-year-old Julianne March of Waukesha, Wisconsin, faces an Aug. 29 initial hearing after being charged Thursday.
Indiana man pleads guilty in triple slaying, faces 200 years
A Fort Wayne man is facing a 200-year prison sentence after pleading guilty in the fatal shootings of three people. Kameron Joyner pleaded guilty Thursday in Allen County to three murder counts and two counts of attempted murder.
Police: Pregnant Anderson woman shot dies days after her unborn twins
A 29-year-old Indiana woman who was pregnant with twins has died after authorities say she was shot by her boyfriend. Anderson Police Chief Tony Watters says Alexis M. Wasson died Saturday.
Indiana National Guard leader sued over retaliation claim
A former contract worker has filed a lawsuit claiming she was retaliated against by the leader of the Indiana National Guard after she reported concerns about his affair with a subordinate. Shari McLaughlin filed the lawsuit this month in Marion Superior Court against Major General Courtney Carr, Adjutant General of the Indiana National Guard.
Inmate fatally stabbed by fellow inmate at Indiana jail
Police say an inmate at the Pendleton Correctional Facility has been fatally stabbed by another inmate. Indiana State Police say a preliminary investigation shows 28-year-old Clifford S. Baggett of Florida was stabbed by 44-year-old Tommy P. Holland of Indianapolis.
Opinions Aug. 9, 2019
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Thursday.
Rita Boucher v. United States Department of Agriculture, et al.
16-1654
Appeal from the United States District Court for the Southern District of Indiana. Judge Tanya Walton Pratt.
Civil. Reverses the district court’s affirmance of the USDA’s final determination that the removal of nine trees in the 1990s by the late David Boucher converted several acres of wetlands into farmlands, rendering the Bouchers’ entire farm ineligible for certain USDA benefits. Finds the final determination was arbitrary and capricious. Remands to the district court to enter judgment and grant appropriate relief to Rita Boucher.
Justices affirm parental rights for homeless mother of six
A mother who fought to be reunited with her six minor children secured the Indiana Supreme Court’s favor after justices unanimously affirmed a finding that the termination of her parental rights due to her homelessness was not in the children’s best interests.
In contamination case, 7th Circuit cleans up messy preclusion fight
Even though none of the businesses disagreed over who contaminated a manufacturing site, the question of who should pay for the cleanup became a fight over claim preclusion that ended with the 7th Circuit Court of Appeals offering instructions on how the lawsuit should have been defended.
Ruling for insurer in $78K hacking case reversed in part
The Indiana Court of Appeals partially affirmed an insurance company’s first award of judgment in a computer hacking theft but reversed on the second after finding no conflict between the appellant’s deposition testimony and a statement in his affidavit.
Reversal: USDA farm wetlands ruling arbitrary and capricious
A Hancock County farm family denied U.S. Department of Agriculture benefits since the removal of nine trees from their farm in the 1990s prevailed in litigation against the agency. The 7th Circuit Court of Appeals entered judgment for the family, finding USDA’s rulings in the case arbitrary and capricious.
Order enabling grandparents to determine father’s visitation reversed
A father who feared his hostile relationship with his children’s grandparent guardians would prevent him from having visitation with his kids won a reversal of an order stating parenting time would be “agreed upon by the parties.”