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With new Justice official, fate of Russia probe in question

November 8, 2018

Attorney General Jeff Sessions was pushed out after enduring more than a year of blistering and personal attacks from President Donald Trump, who inserted in his place a Republican Party loyalist with authority to oversee the remainder of the special counsel’s Russia investigation. The move Wednesday has potentially ominous implications for special counsel Robert Mueller’s Russia probe.

Ginsburg, 85, hospitalized after fracturing 3 ribs in fall

November 8, 2018

The Supreme Court says 85-year-old Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital. The court said the justice went to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight after a  Wednesday evening fall.

Porter County begins counting votes after delay

November 8, 2018

The commissioners in a northwestern Indiana county plagued by a mix of Election Day problems asked the FBI on Wednesday to investigate what they called “scores of alleged violations of Indiana Election Law” reported following Tuesday’s election. Porter County officials did not begin counting votes until Wednesday morning, more than 15 hours after the first polling places closed.

Jeff Sessions pushed out as AG after a year of attacks from Trump

November 7, 2018

Attorney General Jeff Sessions was pushed out Wednesday as the country’s chief law enforcement officer after enduring more than a year of blistering and personal attacks from President Donald Trump over his recusal from the Russia investigation.

Divided justices deny child murderer death penalty relief

November 7, 2018

The Indiana Supreme Court has upheld the denial of post-conviction relief for a convicted child murderer and arsonist sentenced to death, finding that while the man’s counsel did make mistakes, those mistakes did not rise to the Strickland level of deficient performance. However, Chief Justice Loretta Rush dissented and would have allowed the case to proceed to a new penalty phase.

Opinions Nov. 7, 2018

November 7, 2018

Indiana Court of Appeals
Indiana University Health Southern Indiana Physicians, Inc., et al. v. Charlene Noel

18A-CT-1299
Civil tort. Affirms the denial of Indiana University Health Southern Indiana Physicians, Inc., Sarah Whiteman, NP, and Dr. Carlito Sabandal’s motion to transfer venue in Charlene Noel’s medical malpractice complaint from Marion County to Lawrence County. Finds Indiana Code section 23-0.5-4-12 conflicts with Trial Rule 75(A)(4) as interpreted by the Indiana Supreme Court, making the statute a nullity.

Appellate court says preferred venue statute is void

November 7, 2018

The Indiana Court of Appeals has held that a statute concerning preferred venue in corporate lawsuits is void because it conflicts with an Indiana Supreme Court-adopted trial rule. The appellate court’s ruling upheld the denial of a change of venue motion in a medical malpractice case based on the statute being a nullity.

Ice Miller attorney faces discipline in Park Tudor sex abuse case

November 7, 2018

A prominent Indianapolis employment attorney is facing a disciplinary complaint for his involvement in the botched investigation of a former Park Tudor basketball coach who later was convicted of coercing a student into exchanging sexually explicit images and texts. Ice Miller LLP partner Michael Blickman, 65, is accused of possessing and copying child pornography, failing to immediately report child abuse and other ethical rule violations.

COA rules in Circle Centre escalator injury discovery dispute

November 7, 2018

The Indiana Court of Appeals affirmed in part, reversed in part and remanded a discovery case after it found that all but one document in dispute were either protected or non-discoverable under the work-product doctrine and attorney client privileges.

Indiana joins 21-state coalition supporting Trump energy plan

November 7, 2018

Indiana joined a 21-state coalition in support of President Donald Trump’s proposed replacement of the Clean Power Plan, an Obama-era effort to limit carbon emissions from coal-fired power plants.

Voters oust trial court judge; Carmichael beats party-switching ex-jurist

November 7, 2018

Southern Indiana voters rejected one trial court judge and narrowly re-elected another who was challenged by a former colleague who changed parties to run against her. Jefferson Circuit Court Judge Darrell Maurice Auxier, a Democrat, was the lone sitting Indiana trial court judge to lose his bid for re-election, while Clark Circuit Judge Vicki Carmichael retained her bench seat in one of Indiana’s closest countywide trial court races Tuesday. 

Glitches keep Porter County from counting votes

November 7, 2018

Officials northwestern Indiana’s Porter County, which hasn’t reported any general election votes, are sorting through a mix of problems to get ballots counted a day after the election.

COA upholds unequal division of assets after 24-day marriage

November 7, 2018

A dispute over the division of assets from a marriage that lasted less than one month has ended with the Indiana Court of Appeals upholding a trial court’s decision to rule against the presumption of the equal division of the marital estate.

Election recap: Braun win, Delph loss among top Indiana stories

November 7, 2018

On an election night in which Democrats took control of the U.S. House of Representatives and Republicans appeared to tighten their hold on the Senate, Indiana stayed reliably red, with Republicans winning seven of nine House seats and challenger Mike Braun defeating incumbent Democratic Sen. Joe Donnelly. But in one of the biggest Election Day upsets, longtime Republican state Sen. Mike Delph lost the Statehouse seat he has held since 2005.

Opinions Nov. 6, 2018

November 6, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
Mycal L. Ashby v. Warrick County School Corp
18-1371
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil plenary. Affirms the U.S. District Court for the Southern District of Indiana’s grant of summary judgment in favor of Warrick County School Corporation against Mycal Ashby’s claim of discrimination under the Americans with Disabilities Act and Rehabilitation Act. Finds Asby’s son’s Christmas concert was not a service, program, or activity provided or made available by the Warrick County School Corporation.

Administration asks high court to fast-track DACA cases

November 6, 2018

The Trump administration is asking the Supreme Court to fast-track cases on the president’s decision to end a program that shields young immigrants from deportation.

Federal judge disqualifies lawyer who sued ex-client

November 6, 2018

A federal judge last week disqualified an attorney from representing a plaintiff in a lawsuit alleging abusive debt collection practices in a case filed against a client of the attorney’s former law firm.

Justices rule for firefighters claiming age discrimination

November 6, 2018

The Supreme Court has decided unanimously that local governments with small workforces must comply with a federal law against age discrimination.

Mom in wheelchair loses ADA access appeal against school district

November 6, 2018

A Warrick County woman who uses a wheelchair and was unable to attend her son’s school Christmas concert two years in a row lost her argument of discrimination under the Americans with Disabilities Act after it was determined the concert was not provided by the school corporation.

19 to be interviewed for Lake Superior judgeship

November 6, 2018

The Lake County Judicial Nominating Commission will begin conducting interviews to fill an upcoming vacancy in the Lake Superior Court left by Judge Jesse M. Villalpando, following his decision to not seek retention earlier this year.

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In This Issue

  • What’s next for companies after tariff ruling?

  • Attorneys across Indianapolis go toe-to-toe on basketball court

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

Most Read
  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Indy woman to pay $1M in restitution after using boss’ accounts to pay personal expenses

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