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COA: No double jeopardy violations in fatal flight from police

January 24, 2019

A South Bend motorist who fled police, ran a red light and hit another vehicle, killing the driver, was unable to convince the Indiana Court of Appeals that his convictions violate double jeopardy.

Indiana federal courts work as funds dwindle amid shutdown

January 24, 2019

In the Southern and Northern Indiana district courts, no workers have been furloughed and no pay periods have been skipped, but with the federal judiciary estimating it has funding only to sustain current levels of operations through the end of January, Hoosier jurisdictions are preparing for potential changes.

COA affirms order of extra payments to ex for unsold homes

January 24, 2019

A man must pay his ex-wife an extra $115,200 in monthly payments after he decided not to sell marital property as had been contemplated in their divorce settlement agreement, the Indiana Court of Appeals ruled Thursday, affirming a trial court order.

Ambiguous weight limit statute leads to infraction reversal

January 24, 2019

The ambiguity of a state statute means a man performing farm drainage work in Henry County did not commit an infraction by driving his heavy equipment on a state highway, the Indiana Court of Appeals has ruled. However, the court noted its ruling was limited specifically to the facts of the instant case and was not an opinion on how the ambiguity might affect other circumstances.

Split COA relieves defendant from default despite inexcusable neglect

January 24, 2019

The defendant in a workplace injury lawsuit was properly relieved from a default judgment against it despite the defense’s inexcusable neglect, a panel of the Indiana Court of Appeals ruled. A dissenting judge, however, warned the majority’s decision could result in litigants performing “end runs” around excusable neglect rules.

Elwood schools chief used own insurance for sick student

January 24, 2019

A Madison County school superintendent is free on bail after surrendering to police to face charges alleging she used her insurance to help a sick student receive treatment.

State prisoner charged with 4 Indianapolis murders in 2015

January 24, 2019

Prosecutors have charged a state prisoner with four counts of murder in connection with the shooting deaths of four people inside an Indianapolis home nearly four years ago.

Opinions Jan. 23, 2019

January 23, 2019

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Charlotte Robinson and Bobby Don Bowersock as co-personal representatives of the Estate of Georgia J. Bowersock, deceased, and Mark Bowersock, individually v. Davol Inc. and C.R. Bard, Inc.

17-2068
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the grant of summary judgment to Davol Inc. and C.R. Bard, Inc. on a claim brought by the estate of Georgia Bowersock, who died after a Bard-manufactured surgical mesh patch was implanted in her body. Finds the novel theory of causation presented by the estate’s expert was not peer-reviewed, professionally presented, consistent with Bowersock’s medical records or autopsy or substantiated by other cases. Also finds the judge did not abuse his discretion in excluding the expert testimony.

Divided 7th Circuit: Business owner may seek discharge of back pay debt

January 23, 2019

A divided panel of the 7th Circuit Court of Appeals has allowed an Indiana business owner to seek to discharge back pay debt in bankruptcy proceedings, rejecting the National Labor Relations Board’s argument that the debt was not dischargeable because the employees to whom the back pay was owed were “maliciously” fired.

COA reinstates Hammond zoning suit against landlord

January 23, 2019

The city of Hammond may proceed with an ordinance violation act against a local landlord after the Indiana Court of Appeals rejected a trial court’s finding that it lacked subject matter jurisdiction to hear the case in a trial de novo.

Brady, Leichty renominated to Northern Indiana District Court

January 23, 2019

The two nominees for the Northern Indiana District Court are among 51 judicial candidates the White House has renominated for the federal bench.

COA: Expungement petitioners can’t cross-examine victims

January 23, 2019

Expungement petitioners do not have the right to cross-examine the victims of their crimes who submit victim impact statements, the Indiana Court of Appeals ruled in a Tuesday decision upholding the denial of a Marion County expungement petition.

Judgment for mesh implant makers upheld after woman’s death

January 23, 2019

The estate of a woman who died after a surgical mesh patch was implanted in her body will not be able to proceed with a lawsuit against the patch’s manufacturer and patent holder after the 7th Circuit Court of Appels upheld summary judgment for the defendants Tuesday.

Leadership in Law Awards nomination deadline looms

January 23, 2019

Time is running out to submit nominations for Indiana Lawyer’s Leadership in Law Awards. Entries for the 2019 Up and Coming Lawyer and Distinguished Barrister awards will be accepted until noon Friday, Jan. 25.

Applications open for Kosciusko, Posey judgeships

January 23, 2019

Lawyers interested in trial court judgeships in two Indiana counties have three weeks left to apply for vacancies to be filled by appointment by Gov. Eric Holcomb. The vacancies will exist in Kosciusko and Posey Counties, and applications are being accepted until 5 p.m. Feb. 13.

Walgreens agrees to pay government $269M in fraud settlement

January 23, 2019

Walgreens Boots Alliance Inc. agreed to pay $269.2 million to settle U.S. claims that the drugstore chain defrauded a federally funded health care program over insulin drugs and a consumer-discount initiative.

Legislative panel deletes making fertility fraud criminal

January 23, 2019

Some men and women whose mothers were unkowningly impregnated by their fertility doctor’s own sperm are upset that an Indiana legislative panel isn’t endorsing a proposed state law specifically against such actions.

Woman gets 2 years in prison for death of boy hit by SUV

January 23, 2019

A northern Indiana woman has been sentenced to two years in prison in the death of a 7-year-old boy who was run over with her sport utility vehicle.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

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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