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Deadline nears for Leadership in Law Awards nominations

January 18, 2019

Only one week remains 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.

Opinions Jan. 18, 2019

January 18, 2019

Indiana Court of Appeals 
Buddy & Pals III, Inc., Buddy & Pals II, Inc., Buddy & Pals Inc., Timothy Heidbreder, and William Frank Bailey, Jr. v. Christopher Falaschetti

18A-CT-1811
Civil tort. Affirms the denial of summary judgment to Buddy & Pals III, Inc. on Christopher Falaschetti’s negligence claim after he was punched by William Bailey upon Bailey’s ejection from the bar. Finds the bar had a duty to take precautions to protect its other patrons because Bailey’s violence was foreseeable. 

Recovery home founder gets early prison release in drug case after SCOTIN review

January 18, 2019

The founder of a drug recovery home for women in southern Indiana has been released from prison just weeks after the state’s high court revised her original 30-year drug-related sentence. Lisa Livingston was released Wednesday from Rockville Correctional Facility after serving nine months.

Parents surrender on charges in 4-month-old’s heroin death

January 18, 2019

The parents of a 4-month-old boy who are facing neglect charges after the child died last February of heroin intoxication in Madison County have turned themselves in to authorities. The Madison County Prosecutor’s Office this month charged 28-year-old Daniel E. Jones and 29-year-old Tiffany McNutt of Alexandria with felony neglect of a dependent.

COA: Sports bar owed duty to man punched by drunk patron

January 18, 2019

A Lake County sports bar lost its appeal against a patron suing for personal injury when the Indiana Court of Appeals found it was foreseeable to the bar that one of its drunk patron’s was looking for a fight.

IU McKinney deans take on new roles at law school, IUPUI

January 18, 2019

Two Indiana University Robert H. McKinney School of Law deans have taken on new roles at the law school and at Indiana University-Purdue University Indianapolis. Assistant dean of student affairs Johnny Pryor and assistant dean of professional development Chasity Thompson both stepped into new positions this week.

ABA offering free CLEs to attorneys impacted by government shutdown

January 18, 2019

With the federal government shutdown coming to the end of its fourth week, the American Bar Association is offering free continuing legal education programs to attorneys and others impacted as a result. Titled “ABA Cares 2019,” the national association is offering five free CLE programs to all lawyers and other professionals affected by the shutdown.

Plainfield attorney suspended with JLAP probation

January 18, 2019

A Plainfield attorney has been suspended for at least 180 days with two years of probation monitored by the Judges and Lawyers Assistance Program after he accepted retainers from several clients but failed to adequately communicate with or appropriately advance their cases.

Justices appear ready to void Tennessee alcohol sales law

January 18, 2019

The Supreme Court appeared ready Wednesday to strike down a Tennessee provision that requires people to live in the state for two years before obtaining a license to sell alcohol. But 35 states, including Indiana, and the District of Columbia, are urging the court to uphold the two-year residency requirement.

Nonprofit reapplies to open South Bend abortion clinic

January 18, 2019

A nonprofit group that had been denied a state license to open a South Bend abortion clinic reapplied for one Thursday instead of challenging the decision in court. Texas-based Whole Woman’s Health Alliance reapplied for the license Thursday, avoiding what it feared would be a lengthy legal battle.

Excluded witnesses, admitted photos affirmed in murder trial

January 17, 2019

A man who murdered a woman in order to rob her of prescription drugs lost an appeal of his convictions when the Indiana Court of Appeals found there was sufficient evidence and that a trial court did not deprive him of a defense.

Opinions Jan. 17, 2019

January 17, 2019

Indiana Court of Appeals
Danny L. Saintignon v. State of Indiana

18A-CR-279
Criminal. Affirms Danny Saintignon’s convictions of Class A felony conspiracy to commit burglary resulting in bodily injury, murder and Class B felony robbery resulting in bodily injury. Finds the Delaware Circuit Court did not abuse its discretion when it excluded Saintignon’s proposed witnesses, nor did it deprive him of his right to present a defense. Also finds the trial court did not abuse its discretion when it admitted a photograph that depicted Saintignon’s tattoos. Finally, finds there is sufficient evidence to support his convictions beyond a reasonable doubt. 

Daughter’s estate appeal backfires; COA awards fees

January 17, 2019

The Indiana Court of Appeals found a trial court’s decision to approve an estate administrator’s final account was not clearly erroneous. Instead, it noted that a woman appealing the order acted in procedural bad faith, and thus ordered her to pay appellate attorney fees.

Child support garnishment included in man’s Medicaid liability, COA says

January 17, 2019

A man who previously won his argument that the money garnished for his child support should not be included in determining his Medicaid liability was reversed Wednesday, when an appellate panel determined the Indiana Family and Social Services Administration’s interpretation of Medicaid statutes and regulations were reasonable.

Scott Circuit judge to resume his duties

January 17, 2019

The Scott Circuit judge will return to the bench after his monthlong stretch of temporarily being unable to perform his duties.

New ‘general counsel’ position created in AG’s office

January 17, 2019

A newly created general counsel position has been announced in the office of Indiana Attorney General Curtis Hill. The shift in leadership positions also includes the reassignment of former Department of Child Services Director Mary Beth Bonaventura as Hill’s chief of staff.

Panel backs moving up appointment of Indiana schools chief

January 17, 2019

Indiana voters wouldn’t decide anymore who serves as the state schools superintendent under a proposal being pushed by legislative Republicans.

Lake County commissioners shoot down broader gunfire limits

January 17, 2019

The Lake County commissioners in northwestern Indiana have defeated a new ordinance that would have enlarged areas where guns cannot be fired.

Ex-Gary city employee convicted in scheme to resell electronics

January 17, 2019

A former government employee in northwestern Indiana has been convicted in a scheme to use funds from the City of Gary to buy more than 1,000 pieces of computer equipment that she then resold.

South Bend attorney wanted for mail fraud arrested in Florida

January 17, 2019

An Indiana attorney wanted on several charges of mail fraud against elderly victims he allegedly exploited as part of an investment scheme has been arrested after federal authorities found him in Florida, according to the FBI.

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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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