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Opinions March 27, 2019

March 27, 2019

Indiana Court of Appeals
Rosemary Quillen, as Personal Representative of Patricia Cook, Deceased v. Anonymous Hospital and Anonymous Physicians A, B, and C

18A-CT-2743
Civil tort. Affirms the Porter Superior Court’s dismissal of Rosemary Quillen’s proposed medical malpractice complaints. Finds Quillen is not entitled to relief and that the trial court did not commit error in finding dismissal was the appropriate sanction for her failure to comply with the medical review panel chair’s schedule for submission of evidence.

Lake County deputy faces bribery, perjury counts in auto salvage scheme

March 27, 2019

A Lake County sheriff deputy is facing bribery and perjury charges after a three-month investigation revealed he illegally accepted cash for completing salvage vehicle inspection forms in order to make “fast and easy money,” according to authorities.  

COA: Med-mal dismissal affirmed for counsel’s untimely filings

March 27, 2019

A woman who partially blamed her attorney’s personal problems for her failure to timely file pleadings in her proposed medical malpractice complaints could not convince the Indiana Court of Appeals that her case should not be dismissed. Among other things, the appellate panel simply found she failed to spend her time wisely.

Lawmakers pass bills adding new courts, judicial officers

March 27, 2019

Several bills seeking extra judicial assistance for Indiana counties struggling under overburdened caseloads have successfully made their cases to both legislative chambers. With that approval secured, the next stop is the governor’s desk. 

Justice deny transfer to 13 cases

March 27, 2019

The Indiana Supreme Court denied granting transfer in any of the 13 cases brought before its bench last week, including a case involving a gun robbery consisting of more than a dozen firearms and a debt suit lacking malicious intent.

Indiana man cleared after child fires gun he dropped at Ikea

March 27, 2019

A suburban Indianapolis man who dropped a loaded handgun in an Ikea store that was found and fired by a child has been acquitted of criminal recklessness.

Fifty women say Salesforce helped traffickers exploit them

March 27, 2019

Fifty women who describe themselves as survivors of sex trafficking on the now-defunct Backpage.com web portal accuse Salesforce.com Inc. of profiting off each advertisement.

High court questions judiciary’s role in partisan redistricting

March 27, 2019

The Supreme Court’s conservative majority sounded wary Tuesday of allowing federal judges to determine when electoral maps are too partisan, despite strong evidence that the political parties drew districts to guarantee congressional election outcomes.

SCOTUS: Alaska moose-hunter can ‘rev up’ hovercraft

March 27, 2019

The National Park Service improperly banned an Alaska moose hunter from using a hovercraft on a river through a national preserve, the U.S. Supreme Court ruled Tuesday in a unanimous decision.

Supreme Court tosses $315M award in USS Cole lawsuit

March 27, 2019

The Supreme Court on Tuesday threw out a nearly $315 million judgment against Sudan stemming from the USS Cole bombing, saying Sudan hadn’t properly been notified of the lawsuit.

Indiana House advances hate crimes bill that has mixed support

March 27, 2019

The Indiana House on Tuesday approved a hate crimes bill that is receiving mixed support from the business community, with nine Republicans joining all of the Democrats who voted against the measure.

Bill in response to Noblesville school shooting stalls amid concerns

March 26, 2019

A bill that would lower to 12 the age a juvenile charged with attempted murder could be tried as an adult has stalled in a House committee and does not have strong support from the chair, who is also a sponsor of the measure.

Opinions March 26, 2019

March 26, 2019

Indiana Court of Appeals
B.D. v. Indiana University Health Bloomington Hospital

18A-MH-2672
Mental health. Affirms the Monroe Circuit Court’s order temporarily committing B.D. to Indiana University Health Bloomington Hospital for no more than 90 days. Finds the trial court’s order finding B.D. was a danger to herself and authorizing IU Health to medicate her was supported by clear and convincing evidence.

House Republicans endorse hate crimes language that pleases governor, but not biz groups

March 26, 2019

Indiana House Republicans approved hate crimes language Monday that references a list of victims against whom crimes could qualify for harsher penalties — a move lauded by Gov. Eric Holcomb but criticized by two coalitions of businesses and not-for-profits seeking a broader list.

Revenge porn civil remedy bill advances in Senate

March 26, 2019

Although a measure that would offer civil remedies to revenge porn victims easily passed a Senate Judiciary committee Monday, questions were raised as to whether parents of teen victims could take action against the perpetrator’s parents to gain relief.  

COA affirms commitment for woman with suicidal ideations

March 26, 2019

An Indiana appellate panel affirmed the commitment and forced-medication order of a woman found to be a danger to herself, finding there was clear and convincing evidence to support both orders despite her contentions otherwise.

Suspended attorney to serve 6 months for bankruptcy fraud, embezzlement

March 26, 2019

A suspended Fort Wayne attorney will serve six months in jail and has been ordered to pay nearly $240,000 in restitution after he pleaded guilty to embezzlement and tax fraud charges stemming from personal and client bankruptcy proceedings.

Founders, employees of Westfield financial firm accused of $10M fraud

March 26, 2019

The founders and three other former officers and employees of Westfield-based Banc-serv Partners LLP have been indicted in connection with what federal prosecutors describe as a 13-year-long conspiracy to defraud the Small Business Administration.

Gun rights groups ask Supreme Court to halt bump stock ban

March 26, 2019

Gun rights groups are asking the United States Supreme Court to stop the Trump administration from beginning to enforce its ban on bump stock devices, which allow semi-automatic weapons to fire like machine guns.

Trump says investigation abused him, led to ‘evil things’

March 26, 2019

House Democrats pressed the Justice Department to provide the full report from special counsel Robert Mueller even as Republicans gleefully called for them to move on from the Russia investigation. President Donald Trump accused those responsible for launching Mueller’s probe of “treasonous things against our country” and said they “certainly will be looked into.”

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

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

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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