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Opinions Feb. 8, 2019
Indiana Court of Appeals
Bryan Alexander, Karl Cameron, William Love, Charlie Lovins, Kevin McMurray and Matt Oelker, on behalf of themselves and all others similarly situated v. Linkmeyer Development II, LLC, et al.
18A-PL-311
Civil plenary. Affirms the denial of a motion for summary judgment brought by a class of laborers formerly employed by Linkmeyer Development II, LLC and its members Steve Linkmeyer and Brian Bischoff and the partial grant of summary judgment to Linkmeyer Development, Linkmeyer and Bischoff on an unjust enrichment claim. Also affirms the partial denial of Linkmeyer Development, Linkmeyer and Bischoff’s summary judgment motion on claims brought under Indiana wage laws. Finds the Dearborn Circuit Court did not err. Judge John Baker concurs in part and dissents in part with separate opinion
Acting AG overseeing Mueller probe says he’s not interfered
Acting Attorney General Matthew Whitaker said on Friday he has “not interfered in any way” in the special counsel’s Russia investigation as he faced a contentious and partisan congressional hearing in his waning days on the job.
Indiana man gets life for sexually exploiting 3 children
Federal prosecutors in Indiana say a man has received a life sentence for sexually exploiting three children, including a young girl in Ireland. U.S. prosecutors said Thursday that 37-year-old Ricky Dean Clark was sentenced to a life term without a chance for parole for offenses involving sexual exploitation, coercion and enticement of a child and child pornography.
Election panel won’t probe Bosma’s use of campaign funds
A state election panel won’t investigate Indiana House Speaker Brian Bosma’s use of campaign funds to collect information on a woman who says she performed oral sex on the married Republican lawmaker when she was a legislative intern in 1992.
Divided COA upholds summary judgment denial in contract dispute between developer, laborers
A divided panel of the Indiana Court of Appeals has upheld the denial of cross-motions for summary judgment in a Lawrenceburg contract dispute, finding genuine issues of material fact as to whether a land developer breached its contract with the city and whether a class of laborers was entitled to prevailing wages under Indiana’s wage laws.
Taco food truck explosion not foreseeable, divided COA says
A man injured while waiting for his taco lunch lost his appeal that he was owed a duty of care from a salvage yard, with a majority of an Indiana Court of Appeals panel finding a food truck explosion at the salvage yard was not reasonably foreseeable.
COA: Juror with family drunk driving history not biased in OWI case
The Indiana Court of Appeals affirmed a woman’s drunken driving conviction after finding that she failed to provide sufficient evidence that one of the jurors hearing her case withheld potentially prejudicial information.
Five more senior judges certified, re-certified for 2019
The Indiana Supreme Court has certified and re-certified an additional five judicial officers as senior judges for 2019.
Medicaid thief loses appeal of ‘vulnerable victim’ convictions
A woman who defrauded a technology illiterate physician out of more than $80,000 lost her appeal Thursday when the 7th Circuit Court of Appeals found the woman took advantage of the doctor’s "remarkable" computer illiteracy for personal financial gain.
Whitaker: There’s been no change in Russia probe management
Acting Attorney General Matthew Whitaker will tell lawmakers on Friday that there has been no change since his arrival on the job in the “overall management” of the special counsel’s Russia investigation. He also will say that he has run the Justice Department to the best of his ability, with “fidelity to the law and to the Constitution.”
Wave of concussion lawsuits to test NCAA’s liability
The Indianapolis-based NCAA is facing more than 300 lawsuits from former college football players who claim their concussions were mistreated, leading to medical problems spanning from headaches to depression and, in some cases, early onset Parkinson’s or Alzheimer’s disease.
Man arrested for breaking into Mellencamp’s Indiana home
An Indianapolis man has been arrested after ramming his SUV through a security gate at the home of rocker John Mellencamp and kicking in a door. The Monroe County Sheriff’s Department said 48-year-old Robert P. Carter was arrested about 6 a.m. Thursday by officers responding to an alarm at Mellencamp’s home outside Bloomington.
Northern District nominees sent to Senate floor after judiciary committee votes
Holly Brady and Damon Leichty, nominees to the Northern Indiana District Court, are a step closer to confirmation after the US. Senate Committee on the Judiciary voted in favor of their nominations Thursday and sent their names to the Senate floor.
Opinions Feb. 7, 2019
Indiana Court of Appeals
Rickey D. Haines v. State of Indiana (mem. dec.)
18A-CR-2113
Criminal. Affirms Rickey Haines’ 14-year sentence for Level 3 felony criminal confinement. Finds the Brown Circuit Court did not abuse its discretion in resentencing Haines by considering convictions he obtained after his original sentencing. Also finds that because Haines invited any alleged error by arguing the court could consider his testimony about his behavior while incarcerated between his first and second sentencing hearings, he cannot raise the alleged error on appeal.
Senate panel approves Trump’s attorney general nominee
The Senate Judiciary Committee approved William Barr’s nomination for attorney general along party lines Thursday, with Republicans praising his credentials and Democrats questioning how transparent he’ll be once special counsel Robert Mueller’s Russia investigation concludes. The vote now heads to the full Senate, where Barr is expected to be confirmed in a vote as soon as next week.
Indiana, Ohio leading 6th Circuit appeal supporting law regulating Kentucky abortion clinics
The Hoosier state has filed its second abortion-related appeal this week, this time urging a federal appeals court to uphold states’ authority to regulate abortion clinics. Indiana Attorney General Curtis Hill joined forces with Ohio Attorney General Dave Yost to lead a 16-state coalition in favor of a Kentucky law requiring abortion clinics to maintain transfer-and-transportation agreements with local hospitals and ambulance services.
7th Circuit dismisses ex-bank worker’s appeal of district court remand to state court
A former bank employee lost his appeal of a remand order that moved his lawsuit from federal to state court and imposed sanctions for wrongful removal, with the 7th Circuit Court of Appeals finding there was no abuse of discretion and that the untimeliness of the initial removal to federal court was not made in ignorance.
Retired driver Derek Daly seeks at least $25M from WISH-TV in defamation suit
Retired race car driver and former motorsports broadcaster Derek Daly on Thursday filed a defamation lawsuit in Hamilton County seeking at least $25 million from his former employer, WISH-TV Channel 8, and its parent company, Irving, Texas-based Nexstar Media Group Inc.
Judicial clerkship pilot to expose Maurer 1Ls to rural practice
The Indiana University Maurer School of Law and the Indiana Supreme Court have announced a pilot program in which up to five 1L students committed to public service will work with judges throughout the state.