Supreme Court upholds cross on public land in Maryland
A World War I memorial in the shape of a 40-foot-tall cross can continue to stand on public land in Maryland, the Supreme Court ruled Thursday.
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Disputed South Bend abortion clinic set to open
A group says it plans to begin accepting patients at an abortion clinic in the northern Indiana city of South Bend next week.
Opinions June 19, 2019
Indiana Court of Appeals
Golden Corral Corporation v. Kristina M. Lenart
18A-CT-704
Civil tort. Affirms the Clark Circuit Court’s award of $240,000 in damages on Kristina Lenart’s claim for negligence against Golden Corral Corporation for her claim of food poisoning. Finds the trial court did not abuse its discretion in allowing Dr. Julie Hutchinson to testify as an expert witness on Lenart’s behalf; in denying Golden Corral’s motion for judgment on the evidence; or by instructing the jury on spoliation and res ipsa loquitur. Also finds the trial court did not err in concluding Lenart’s claim was not governed by the Indiana Products Liability Act.
Justices grant emergency suspension against Lake County attorney
The Indiana Supreme Court Disciplinary Commission has been granted its request to immediately suspend a Lake County medical malpractice attorney for alleged misconduct. The court order did not specify the nature of the complaint against the Schererville lawyer.
Lawsuit: School’s transgender policy violated teacher’s religious beliefs
A Brownsburg music teacher who claims he lost his job because he refused to address transgender students by the first names of their choice has filed a federal lawsuit against the Brownsburg Community School Corporation for violating his First Amendment religious freedom and free speech rights.
BMV’s ‘Barney Fife’ argument wins in hurricane-damaged car title suit
Mayberry justice prevailed on appeal in a Morgan County case over whether vehicles damaged by Hurricane Harvey in 2017 and declared junk by the state of Texas ought to be issued titles in Indiana.
$240K in damages upheld in Golden Corral food poisoning
An award of damages has been upheld for a woman who alleged negligence against a Golden Corral restaurant after she consumed undercooked chicken wings from its buffet that resulted in food poisoning and injuries requiring multiple surgeries.
Reversal: Insurance company has no duty to indemnify homeowner after child’s accident
An insurance company will not have to defend a man being sued for negligence after a toddler was injured on his property because the toddler was exempt from coverage under the man’s insurance policy, the Indiana Court of Appeals has ruled.
COA upholds attempted murder conviction based on video evidence
A man convicted of attempted murder after shooting at another man also holding a gun has failed to convince the Indiana Court of Appeals that his conviction should be thrown out on self-defense grounds.
COA calls out court that ‘respectfully disagrees’ in CHINS case
The Indiana Court of Appeals has dismissed as moot a CHINS appeal while also calling out a trial court magistrate and judge for disregarding the appellate court’s decisions regarding the Interstate Compact on the Placement of Children.
Burglary conviction stands against cross-examination appeal
The burglary conviction of a South Bend man who broke into his brother-in-law’s bar where he once had worked and wrote out a check to a third party was affirmed Wednesday. The burglar argued on appeal that he had wrongly been denied an opportunity to cross-examine the third party about his criminal past.
Newtown parents win defamation suit in growing fight against hoaxers
The father of a victim of the Sandy Hook Elementary School massacre in Newton, Connecticut has won a defamation lawsuit against the authors of a book that claimed the shooting never happened — the latest victory for victims’ relatives who have been taking a more aggressive stance against conspiracy theorists.
After shooting, Buttigieg says South Bend police must activate cameras
Back home from the Democratic presidential campaign trail, South Bend Mayor Pete Buttigieg is telling officers after a fatal police shooting that they must activate their body cameras during any interaction with civilians.
Witness against Gary teen in mom’s slaying gets time served
A young man who was a key witness in the case against a Gary teenager accused of stabbing her mother more than 60 times has been sentenced to time served.
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Applicants sought for Lake County judicial vacancy
Applicants are being sought for an upcoming judicial vacancy in Lake Superior Court next month as a longtime judge prepares to retire.
Opinions June 18, 2019
7th Circuit Court of Appeals
Catherine Wanko v. Board of Trustees of Indiana University
18-2767
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the Southern District’s grant of summary judgment to Indiana University on Catherine Wanko’s Title VI racial discrimination claim. Finds Wanko was unable to show a sufficient comparator for her discrimination claim and that the district court did not abuse its discretion in resolving the case’s discovery disputes.
COA affirms CHINS adjudication in timeliness argument
The Indiana Court of Appeals has affirmed a child in need of services adjudication after concluding the dismissal sanction for failure to timely conduct a CHINS factfinding hearing is not a mechanism to collaterally attack a CHINS adjudication.