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Opinions July 2, 2019

July 2, 2019

Indiana Court of Appeals
Sabrina Graham v. Thomas S. Wininger (mem. dec.)

18A-PL-2262
Civil plenary. Affirms the Martin Circuit Court’s judgment regarding Sabrina Graham’s claim against her brother, Thomas Wininger. Finds the trial court’s judgment against Graham regarding the lack of existence of an oral agreement with Wininger was not contrary to law. Graham’s procedural arguments also fail. Judge Terry Crone concurs in result without opinion.

Opinions July 2, 2019

July 2, 2019

Indiana Court of Appeals
Sabrina Graham v. Thomas S. Wininger (mem. dec.)

18A-PL-2262
Civil plenary. Affirms the Martin Circuit Court’s judgment regarding Sabrina Graham’s claim against her brother, Thomas Wininger. Finds the trial court’s judgment against Graham regarding the lack of existence of an oral agreement with Wininger was not contrary to law. Graham’s procedural arguments also fail. Judge Terry Crone concurs in result without opinion.

Murder appeal among 18 rejected by Indiana justices

July 2, 2019

The Indiana Supreme Court declined to hear almost all of the appeals before it last week, but did accept two medical malpractice cases it consolidated for the clarification of preferred venue.

Attorneys open new firm after Carmel’s Hollingsworth, Zivitz settle suit

July 2, 2019

Three attorneys have left Carmel-based Hollingsworth & Zivitz law firm to start their own partnership, the lawyers announced. The migration of counsel from the family-law focused firm comes after a lawsuit between its founding partners was settled with one partner’s buyout.

House committee files lawsuit over Trump tax returns

July 2, 2019

A House committee has filed a lawsuit in federal court seeking President Donald Trump’s tax returns.

Big business to Supreme Court: Defend LGBTQ people from bias

July 2, 2019

More than 200 corporations, including many of America’s best-known companies, are urging the U.S. Supreme Court to rule that federal civil rights law bans job discrimination on the basis of sexual orientation and gender identity.

Friends, family remember South Bend man fatally shot by police

July 2, 2019

Friends and family of a man fatally shot by police in South Bend are recalling him as caring and thoughtful.

Northern Indiana couple charged with animal cruelty

July 2, 2019

A northern Indiana couple is facing animal cruelty charges after authorities say three dozen dogs were found living in deplorable conditions at their rural property.

Lawyer: Judge charged after shot in fight ready for legal process

July 2, 2019

A southern Indiana judge who faces felony battery charges stemming from a May 1 fight outside a fast-food restaurant in which he and another judge were shot and wounded is “prepared to proceed through the legal process.”

Lawyer: Judge charged after shot in fight ready for legal process

July 2, 2019

A southern Indiana judge who faces felony battery charges stemming from a May 1 fight outside a fast-food restaurant in which he and another judge were shot and wounded is “prepared to proceed through the legal process.”

Opinions July 1, 2019

July 1, 2019

The following opinions were posted after IL deadline Friday.  
7th Circuit Court of Appeals
John Doe v. Purdue University et al., 17-3565

Appeal from the U.S. District Court for the Northern District Court of Indiana, Hammond Division
Magistrate Judge Paul Cherry.
Civil tort. Reverses dismissal of John Doe’s lawsuit against Purdue University. Doe sued Purdue after he was suspended for one year and was forced to resign from the Navy ROTC program following the university’s investigation into allegations that he sexually assaulted a female student. The 7th Circuit found Doe pleaded facts sufficient to state a claim under both the 14th Amendment and Title IX of the Education Amendments Act of 1972. Remands for proceedings.   

Justices suspend 2 Indianapolis attorneys, Tennessee lawyer

July 1, 2019

Three attorneys licensed to practice law in the Hoosier state were suspended late Friday by the Indiana Supreme Court, including one who was convicted of felony drunken driving.

Kokomo, Vincennes attorneys disciplined for mismanaging trusts

July 1, 2019

Two Indiana attorneys have been suspended from the practice of law for mismanaging and overdrafting their trust accounts, Indiana Supreme Court justices announced in separate orders.

House boosts LSC funding without key Hoosier’s vote

July 1, 2019

The appropriations bill that included a significant boost in funding to the Legal Service Corp. passed through the U.S. House of Representatives without the vote of a key advocate of civil legal aid who said the measure contained too many “poison pills” and was impossible to support.

DCS director claims lawsuit is ‘misleading and harmful’

July 1, 2019

Claiming outside advocates were relying on “an inflammatory and outdated account,” Indiana Department of Child Services director Terry Stigdon released a video statement Monday in response to the lawsuit filed last week charging the state agency with inflicting further harm on children entering the foster care system.

7th Circuit reinstates student case against Purdue in sexual assault case

July 1, 2019

Finding dismissal was premature, the 7th Circuit Court of Appeals has reinstated a lawsuit against Purdue University brought by a male student accused of sexual assault.

Tax Court reverses denial of Goshen library budget for $60 overage

July 1, 2019

The Indiana Tax court has reversed a decision that cut a Northern Indiana public library’s funding after it was found to be $60 over budget for the 2018 tax year. The tax court ruled the Department of Local Government Finance abused its discretion in its decision.

Indianapolis attorney Bennett ends tenure as Election Commission chair

July 1, 2019

Indianapolis attorney Bryce Bennett, a founding partner with Riley Bennett & Egloff, has resigned as chair of the Indiana Election Commission effective Monday, according to a statement from the firm. Bennett has served two four-year terms under his appointments from Govs. Mitch Daniels, Mike Pence and Eric Holcomb.

Civil forfeiture case back before Indiana justices on SCOTUS remand

July 1, 2019

For the third time in three years, Marion resident Tyson Timbs took his case before a Supreme Court. The man whose name became noted civil forfeiture caselaw said after arguments Friday, “I feel like I stand for something now.”

Decades in prison for man who killed Indianapolis clerk

July 1, 2019

A man who pleaded guilty to killing an Indianapolis store clerk during a robbery in 2014 has been sentenced to 52 years in prison.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

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