High court declines to overrule cases on federal regulatory powers
The U.S. Supreme Court is declining to overrule two past cases that had been criticized by conservatives as giving unelected officials vast lawmaking power.
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Court: Stealing official’s husband can’t gain from fraudulent land transfer
The husband of the former Owen County auditor, who was found to have purchased about $346,000 worth of personal items with county-issued credit cards, must repay the full amount of money he received from the sale of land that his wife fraudulently transferred to him.
Mueller to testify publicly before 2 House committees
Former special counsel Robert Mueller has agreed to testify publicly before Congress on July 17 after Democrats issued subpoenas to compel him to appear, the chairmen of two House committees announced.
Harassment charges over man’s calls to lawmakers, state agency upheld
A man accused of repeatedly making harassing phone calls to Indiana lawmakers’ aides and staff members at the Secretary of State’s Office must face multiple misdemeanor charges, the Indiana Court of Appeals ruled Wednesday.
Opinions June 25, 2019
7th Circuit Court of Appeals
SelectSun GmbH v. Porter, Inc., d/b/a Thunderbird Products
18-3149
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the Northern District Court’s judgement against SelectSun GmbH in its contract and warranty dispute over whether the exhaust system on a $1 million yacht manufactured by Porter, Inc. complied with particular regulatory requirements imposed by the European Union. Finds SunSelect did not meet its burden of proving damages to a reasonable certainty on either its breach of contract or warranty claims. Also finds SelectSun failed to carry its burden in demanding a return of the yacht’s entire purchase price.
Web Exclusive: Taft employees volunteer time, funds for IPS 58 students
Taft Stettinius & Hollister joined forces with United Way of Central Indiana in 2011 with the sole focus of creating and funding a robust afterschool program at IPS 58. Since both partners have joined hands with the school, Taft has donated more $1 million to help fund the afterschool program and other like academic initiatives.
7th Circuit: German company lacks evidence to support yacht-related damages
A German company has failed to convince the 7th Circuit Court of Appeals that it should be awarded more than $1 million in damages for a yacht it purchased from an Indiana boat manufacturer.
Indianapolis attorney Hickey to serve on ABA Board of Governors
An Indianapolis attorney with a long resume of bar association leadership is now representing a three-state contingent on the American Bar Association’s Board of Governors.
Landlord can’t obtain attorney fees from security deposit, COA rules
A South Bend landlord is not entitled to double recovery or attorney’s fees from a former tenant’s security deposit, an appellate panel ruled Tuesday. The landlord had taken hundreds from the woman’s deposit to cover its legal fees in a suit it filed against her.
Bose attorney to challenge Hill for Republican AG nomination
An Indianapolis attorney with Bose McKinney & Evans LLP will challenge Indiana Attorney General Curtis Hill for the Republican nomination to become Indiana’s top lawyer. Formal announcements at four stops around the state are scheduled for Thursday.
Indiana Court Decisions — June 5-19, 2019
Read Indiana appellate court decisions from the most recent reporting period.
DTCI: Young lawyers have active summer
DTCI Young Lawyers gathered for Happy Hour in the private pub room of The Tap in downtown Indianapolis on June 5. The event, hosted by Exponent, an engineering consultant firm, was a hit!
DTCI Letter to the Editor: Scope of discovery standard revisited
The Sedona Conference was delighted to be cited in David Beach and Ryan Cook’s timely article “DTCI: The Scope of Discovery Standard — Is It Time for an Update?” (May 29, 2019). Indeed we agree that the explosion of information and information sources and the rapid technological advancements have markedly changed the complexity of discovery.
DTCI: Revisiting Supplemental Awards under the Indiana Worker’s Compensation Act
Attorneys engaged in defending workers’ compensation claims in Indiana may occasionally encounter a situation in which a claimant chooses to maintain claims in multiple states arising out of the same incident or injury. Potential issues in practice may arise where injured workers pursue claims in multiple states, implicating res judicata and collateral estoppel concerns.
Internet of things in manufacturing creates new data, cybersecurity questions
These are the days of manufacturing 4.0, the name of the fourth industrial revolution marked by connectivity among the devices that keep a factory running. In an “internet of things” world, the industrial internet of things allows plant machinery and products to talk to each other and provide real-time data and updates on how the equipment is operating and how the products are functioning out in the market, creating new challenges for lawyers.
Subpoena showdown: Congressional fights highlight differences from court processes
The back-and-forth between Congress and the Trump administration over subpoenas might seem like a telltale sign of the political tension dividing Washington, but it’s historically not that uncommon. Subpoena fights, however, are much less common in state and federal courts.
AG Hill accusers file harassment, retaliation lawsuit against him, state
Another chapter has been opened in the ongoing saga surrounding allegations that Attorney General Curtis Hill drunkenly groped four women at a bar more than a year ago. The four women, who up to this point have pursued action within the Equal Employment Opportunity Commission, have now taken their complaint to the Southern Indiana District Court.
DCS lawsuit details harm to children
An 81-page lawsuit filed Tuesday against the Indiana Department of Child Services claims the agency is failing to protect children and further inflicting trauma by placing foster children in inappropriate, unstable or overly restrictive facilities and not providing the necessary medical and mental health care.
IndyBar: What Do You Do When the Custodial Parent Passes?
It’s a phone call or email that no family law attorney wants to hear in a divorce case — that the custodial parent has passed away in a case where the noncustodial parent had supervised parenting time. Apart from your own personal reaction, there are questions whirling through your mind — does custody automatically transfer to the other parent? Even if their parenting time was restricted? What action do I need to take regarding the custody of the child?
IndyBar: An Impact Fund Grant Truly Making an Impact
In 2018, the Indianapolis Bar Foundation (IBF) awarded its $50,000 Impact Fund Grant to Indiana Legal Services (ILS), an outstanding organization that provides legal services to the poor and indigent. Recently, ILS attorney Michael Hurst reported the group’s progress and use of that grant to create a new program to help people avoid eviction.
