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Applicants are being sought for an upcoming judicial vacancy in Lake Superior Court next month as a longtime judge prepares to retire.
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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.
Citing evidence error, COA remands family farm dispute
The Indiana Court of Appeals reversed and remanded the denial of two siblings’ motion for summary judgment against their brother in a family trust case, finding that the trial court erred by considering evidence that had not been designated.
Ruling for IU in black student’s discrimination suit upheld
A 7th Circuit Court of Appeals panel affirmed the denial of a black student’s discrimination suit against Indiana University, finding no abuse of discretion in resolving discovery disputes regarding her classmate’s demographics.
Ruling for car dealership upheld, but COA chides defense
Judgment will stand for an Indianapolis car dealership that serviced an airbag that later did not deploy in a crash that seriously injured a driver, but an appellate panel took a swipe at how the prevailing argument had been presented.
SCOTUS sides with Virginia in uranium mining ban case
The United States Supreme Court sided with the state of Virginia on Monday, finding nothing improper about its decades-old ban on mining radioactive uranium. The ruling leaves in place the commonwealth’s prohibition on mining the largest uranium deposit in the United States.
Community Corrections worker shot, wounded during training
Authorities say a pretrial services coordinator in northeastern Indiana has been accidentally shot and wounded during a training exercise.
2 face murder charges in 2018 death of Elwood boy
The mother and stepfather of an Elwood child who died three days before his second birthday now are facing murder charges.
Hill accusers describe ‘retaliatory hostile work environment’ in federal complaint
Indiana Attorney General Curtis Hill is being sued in federal court by four women who say he drunkenly groping them during a party last year. The women, including an Indiana lawmaker, say their aim is to ensure all individuals working in and around the Indiana Statehouse are able to perform their jobs and pursue their careers free from sexual harassment, gender discrimination and retaliation for reporting such situations.
Opinions June 17, 2019
Indiana Supreme Court
In the Matter of Hilary Bowe Ricks
18S-DI-574
Attorney discipline. Suspends Hilary Bowe Ricks for at least two years without automatic reinstatement, effectively immediately. Finds Ricks violated Indiana Rules of Professional Conduct 1.3, 1.4(a)(3), 1.4(a)(4), 1.4(b), 1.16(d), 8.1(b) and 8.4(d) by neglecting clients’ cases and failing to cooperate with the disciplinary process. Justices Steven David and Geoffrey Slaughter concur and dissent in part without separate opinion, believing Ricks should be disbarred.
Justices reverse, reinstate truck ‘glider kit’ wrongful death case
When does a component-part manufacturer owe no duty, as a matter of law, to install safety features that an injured party alleges are necessary? Indiana Supreme Court justices answered that question Monday, reversing judgment previously entered for a national motor company on a defective design claim after a man was crushed by a semi that had no rearview safety features.
Indianapolis attorney gets 2-year suspension for client neglect
An Indianapolis attorney with a lengthy disciplinary history has once again been suspended from the practice of law, this time for at least two years after repeatedly neglecting client cases and keeping unearned funds. The discipline divided the Indiana Supreme Court, with two justices believing the attorney’s conduct warranted disbarment.
COA: Military service not a mitigator in child molesting case
A man convicted and sentenced to 66 years behind bars for molesting his former fiancee’s daughter couldn’t convince the Indiana Court of Appeals that his extensive military service was a mitigating factor in his case.
Judgment affirmed for Anderson attorney in legal malpractice case
Judgment for an Anderson attorney who allegedly failed to act in his client’s post-conviction relief case for nearly seven years after collecting a nearly $25,000 retainer was upheld by the Indiana Court of Appeals. The panel affirmed a trial court ruling that the ex-client’s legal malpractice claim was time-barred.
Cameras permitted in courts to celebrate National Adoption Day
Hoosier families celebrating adoption later this year will have the chance to commemorate the experience with cameras in the courtroom.
Supreme Court upholds rule allowing state, federal charges
The Supreme Court is upholding a constitutional rule that allows state and federal governments to prosecute someone for the same crime. The court’s 7-2 decision Monday preserves a long-standing rule that provides an exception to the Constitution’s ban on trying someone twice for the same offense.
High court avoids new case over same-sex wedding cake
The Supreme Court is throwing out an Oregon court ruling against bakers who refused to make a wedding cake for a same-sex couple. The justices’ action Monday keeps the high-profile case off the court’s election-year calendar and orders state judges to take a new look at the dispute between the lesbian couple and the owners of a now-closed bakery in the Portland area.
Justice backs Mnuchin’s refusal to turn over Trump’s taxes
The Justice Department issued a legal opinion Friday finding Treasury Secretary Steve Mnuchin was right to withhold President Donald Trump’s tax returns from a House committee that subpoenaed them.
University of Evansville settles sexual harassment suit over former professor
The University of Evansville has reached a settlement in a federal lawsuit accusing a former theater professor of sexually harassing a student. Former university student Alexis Seay filed the lawsuit last year, accusing R. Scott Lank of racial and sexual harassment, including unwanted touching and comments.