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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.

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.

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.

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.

Report: Indiana opioid prescriptions fell by 35% since 2013

A national report says opioid prescriptions in Indiana have decreased by 35.1 percent over five years. The American Medical Association Opioid Task Force 2019 Progress Report shows Indiana’s reduction in opioid prescriptions from 2013 to 2018 is two percentage points higher than the national average of 33 percent.

Opinions June 14, 2019

Indiana Court of Appeals
Flatrock River Lodge v. Morris Stout and Tonia Sue Stout
18A-CC-1919
Civil Collection. Reverses the Rush Circuit Court’s order denying Flatrock’s motion to execute its judgment lien on Morris Stout’s interest in 46 acres of real estate previously owned by second-generation owner Stout and third-generation owner Tonia, as joint tenants with right of survivorship. Finds that the appeal is not mooted by Morris’ death and that the real estate is not exempt from execution on the judgment lien.

New DCS laws bringing changes to agency, foster parent system

| Marilyn Odendahl

Holding her infant foster daughter, attorney Kiamesha Colom explained in simple terms a 13-page bill that revamps parts of Indiana’s foster care system. Come July 1, she and her husband, like other long-term foster parents around the state, will be able to have more of a say in the care and protection of their baby.

Reversal: Wife was wrongly denied protective order hearing

A woman alleging domestic violence at the hands of her husband will have another chance to make her case for a protective order against him after the Indiana Court of Appeals ordered a trial court to conduct a new hearing.

First Merchants Bank settles federal lawsuit alleging redlining

Muncie-based First Merchants Bank has settled a federal lawsuit, following U.S. Department of Justice allegations that the bank engaged in lending discrimination by redlining predominantly African-American neighborhoods in Indianapolis.