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Opinions Nov. 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

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

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

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.

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

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

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

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

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

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.

Federal judge disqualifies lawyer who sued ex-client

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.

Mom in wheelchair loses ADA access appeal against school district

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

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.

Voters head to the polls to decide Senate, congressional races

Voters in Indiana and across the country head to the polls today to determine which party will control Congress and hold dozens of state and local elected offices — although thousands more voters than usual have already cast a ballot.

Drug court judge discusses successes, challenges

Marion County’s problem-solving courts are helping people break their addictions, but the presiding drug court judge said only a fraction of those who could benefit from treatment are receiving it.