Indiana Court Decisions — Feb. 14-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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Charlestown residents challenging sale of water utility
A group of residents from Charlestown is challenging the sale of the local water utility to Indiana-American Water, a transaction that comes with a $13.4 million price tag. Charlestown officials say the sale will improve the local water quality in the long run while mitigating rate increases, but the challenging residents claim the opposite.
Legal aid initiative enables those with disabilities
Tangram, a nonprofit in Indianapolis that provides support for individuals with disabilities, joined forces in 2016 with Indiana Legal Services to launch the Providing Legal Assistance to Individuals with Disabilities initiative. PLAID assistance has since improved the lives of hundreds of clients statewide.
Judiciary faces ‘political’ task in border wall emergency declaration
The question for courts hearing challenges to President Donald Trump’s national emergency declaration is not as simple as deciding whetherthe action is legal; they also must determine the extent of congressional and presidential powers, the meaning of relevant statutes and how much deference to give a president asserting executive authority.
SCOTUS to determine when permits are necessary to pollute navigable waters
The US Supreme Court is reviewing a lower court ruling that seemingly expands the Clean Water Act. Under the 9th Circuit’s decision, any pollutant found in navigable water that is “fairly traceable” to a permittable discharge source is subject to permitting requirements, even if the source of the pollutant does not discharge directly into a navigable water.
SCOTUS decision in Timbs civil forfeiture case just a start
The US Supreme Court decision in a landmark Indiana civil forfeiture case ruled that the Eighth Amendment Excessive Fines Clause is incorporated to the states, but Justice Ruth Bader Ginsburg’s opinion declined to answer one key question: When does the Eighth Amendment prohibit civil forfeiture?
Ruling in smart meter case highlights privacy concerns
A ruling from the 7th Circuit Court of Appeals about smart meters inspired contradictory reactions as the appellate panel held that data collected through the devices by a public utility is protected by the Fourth Amendment, but then, in the next breath, found the search by the Naperville, Illinois, power company was reasonable.
Legislation aims to tame ‘Wild West’ nature of land contracts
A bill that passed through the Indiana House 82-14 and is now in the Senate would protect families from predatory land contracts. Provisions would require buyers be told the value of the property and how much they will ultimately pay for it if they complete the terms of the agreement, among other protections.
Opinions March 4, 2019
Indiana Court of Appeals
FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC v. Meritain Health, Inc., et al.
18A-PL-1349
Civil plenary. Affirms the St. Joseph Superior Court’s award of summary judgement in favor of Meritain Health, Inc., Beacon Health System, Inc., Beacon Health System Group Benefit Plan, Beacon Health System Group Benefit Plan – Union Plan, University of Notre Dame Du Lac, University of Notre Dame CHA HMO Plan (Medical), University of Notre Dame Select HMO Plan (Medical), and University of Notre Dame PPO Plan (Medical). Finds breach of contract and promissory estoppel claims presented by FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC, are pre-empted under the Employee Retirement Income Security Act. Concludes summary judgment was properly awarded to the Beacon Health and Notre Dame plans.
Divided COA: Amendment bars sex offender from son’s school activities
A registered sex offender previously able to attend his son’s school activities per a trial court-granted request was denied that exception Monday when the Indiana Court of Appeals determined an amended statute barred him from entering school property.
$50M HHGregg suit attacks insiders for accepting customer deposits to very end
A lawsuit quietly wending its way through a Marion County court zings former HHGregg CEO Bob Riesbeck and three other insiders of the failed chain, alleging they allowed it to continue accepting customers’ deposits on merchandise long after its tailspin cast doubt on whether it had the financial wherewithal or inventory to fulfill the orders.
Volunteer judges sought for Indiana mock trial finals
Indiana’s High School Mock Trial program is sending out a call for volunteer judges during its state finals competition this weekend.
Dialysis facility’s breach of contract claims pre-empted
A medical facility that provided regular, life-sustaining dialysis treatments lost its appeal seeking to recover more than $1.5 million from its patients’ benefit plans when the Indiana Court of Appeals found the facility’s claims were pre-empted by the Employee Retirement Income Security Act.
NDLS scholar Thomas Shaffer leaves ‘wonderful legacy’
Notre Dame Law School professor emeritus Thomas Shaffer, who served as dean from 1971 to 1975 and was one of the country’s most prolific legal authors, died Feb. 26 after a long illness. He was 84.
COA traveling to North Manchester, Valparaiso for oral arguments
The Indiana Court of Appeals will travel north this week to hear oral arguments in two cases involving narcotics and murder.
E-filing now available in Wayne County
Wayne circuit and superior courts have instituted electronic filing, joining most Indiana’s 92 counties who have already implemented the change.
Jennings County escape suspect gets away at courthouse
Authorities are searching for a southern Indiana jail inmate who has escaped from custody. Law enforcement officials say Jennings County Jail inmate Kimlynn Patton escaped Friday in the area of the Jennings County Courthouse in Vernon.
Critics say Indiana redistricting bill doesn’t do enough
An Indiana bill that would change the state’s redistricting rules doesn’t do enough to end gerrymandering, critics say. The bill sponsored by Republican Sen. Greg Walker of Columbus would allow lawmakers to continue drawing the state’s legislative and congressional district maps for the foreseeable future.
Boy, 17, to face murder charges in case of 2 missing teens
A prosecutor says a teenage boy will be charged with murder in connection with the disappearance of two northwestern Indiana teenagers. Porter County Prosecutor Gary Germann said Sunday the 17-year-old boy is expected to be charged Monday with two counts of murder related to the disappearance of eighteen-year-old Thomas M. Grill, Jr. and 19-year-old Molley R. Lanham.
Howard County sending texts to defendants about hearings
A central Indiana county has started sending text messages to criminal defendants to remind them about their upcoming court hearings. Howard County authorities hope the texting service that began in February can hold down the county jail’s population and reduce the resources law enforcement must devote to tracking down people who miss court appearances.