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Opinions Nov. 14, 2018

7th Circuit Court 
Richard N. Bell v. Vacuforce, LLC, Appeals of: Paul B. Overhauser
18-1368, 18-1159
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence. 
Civil. Affirms the Southern District Court’s imposition of sanctions on Paul Overhauser for filing a motion found to be frivolous and misleading. Finds the district court did not abuse its discretion in imposing sanctions for filing a motion for fees that was baseless and rested on “an infirm factual foundation.” Also rejects Overhauser’s notion that a party can “prevail” for purposes of a fee-shifting statute by paying a settlement and obtaining a dismissal with prejudice.  

7th Circuit affirms sanctions in Indy photo copyright dispute

The 7th Circuit Court of Appeals has affirmed the imposition of sanctions against an attorney for filing a frivolous and misleading motion against another attorney who claims his copyrighted photo of the Indianapolis skyline was used without permission by the defendant’s client.

COA upholds grant of treble damages, denial of liability

The Indiana Court of Appeals has affirmed the award of more than $56,000 in treble damages to a senior woman deprived of a written contract by a remodeling company while also finding the men who owned the company conducting the work were not personally liable to her. 

‘No remorse’: Judge sends Noblesville teen shooter to juvenile detention

A 13-year-old boy has shown “no remorse” for shooting his teacher and a classmate at his Indianapolis-area school, and he will remain the responsibility of the state juvenile detention system until he is 18, an Indiana judge ruled Wednesday. Hamilton Circuit Judge Paul Felix rejected a request that the boy be sent to a private treatment facility after a May 25 shooting at Noblesville West Middle School.

Indiana sues Purdue Pharma for alleged role in opioid crisis

Claiming Purdue Pharma “bears significant responsibility” for the opioid crisis in the state, Indiana Attorney General Curtis Hill announced Wednesday his office has filed a lawsuit against the pharmaceutical giant who manufactures the opioid-based pain medication Oxycontin.

Vigo Co. man receives suspended sentence in daughter’s neglect death

A western Indiana man has avoided more jail time in the 2016 death of his disabled 5-year-old daughter. Brian Moseman pleaded guilty Tuesday to two counts of neglect of a dependent in the death of Adilynn Moseman and received  2½ years in prison for each count, all suspended. 

13-year-old Indiana boy to learn fate in May school shooting

A 13-year-old boy who opened fire inside his Noblesville middle school in May, wounding a classmate and a teacher before being tackled by the teacher, is expected to learn his punishment on Wednesday. Prosecutors have recommended the boy be sent to the Indiana Department of Correction for placement in a state juvenile detention facility for rehabilitation, but the boy’s defense attorneys want him sent to a private residential treatment center.

Opinions Nov. 13, 2018

Indiana Court of Appeals 
Yusuf Hotep-El v. State of Indiana
18A-CR-477
Criminal. Affirms the Marion Superior Court’s termination of Yusuf Hotep-El’s self-representation. Finds the trial court did not err when it terminated Hotep-El’s self-representation in order to determine his competency to stand trial. Also finds the trial court was correct in not reinstating Hotep-El’s pro se status based on the conclusion that he sought to use the courtroom for deliberate disruption of the proceedings.

Hoosier Environmental Council attorney discusses CAFOs, industrial farming at McKinney

Murmurs of disgust were sprinkled throughout a packed lecture hall at Indiana University Robert H. McKinney School of Law as law students looked at pictures of waste pits overflowing with animal poop last week. Their lecturer, Kim Ferraro of the Hoosier Environmental Council, spared no sensitive stomachs as she explained the process of industrial farming and the disposal of the billions of pounds of animal waste that ensue.

Daleville woman charged in son’s hot car death won’t get lower bond

A central Indiana woman who authorities say had been drinking and was taking a nap when her 2-year-old son crawled into a hot car and later died isn’t getting her bond reduced ahead of trial. A judge denied a request by Britni Nicole Wihebrink of Daleville to approve a lower bond after her 2-year-old son Jaxon Stults was found “very hot and stiff” in her car Sept. 5 and died in an ambulance.

COA upholds denial of pro se rights to ‘sovereign citizen’

The Indiana Court of Appeals has affirmed the termination of a man’s self-representation after determining he engaged in deliberately obstructive behavior that threatened to undermine the proceedings of his case by claiming to be a "sovereign citizen."

DTCI: Revisiting Medical Monitoring Class Actions

In recent years, federal and state courts have issued numerous decisions involving medical monitoring. The results of these decisions make a couple of things clear. The first is that the viability of medical monitoring claims continues to decrease, and the second is that both federal and state courts overwhelmingly deny certification in medical monitoring class actions.

IndyBar: Thank You, Day of Giving Donors!

The legal community came together on October 24, 2018, to support the Indianapolis Bar Foundation’s first Day of Giving, raising more than $18,000. Donations during the Day of Giving were crucial in the foundation’s efforts to fulfill its mission.