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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.

Justices won’t hear beagle death case against DNR

Indiana Supreme Court justices declined to hear a case in which a woman sued the Department of Natural Resources after her pet beagle was killed by a concealed raccoon trap at Versailles State Park.

AG’s office secures $5.1 million dental clinic settlement

The Indiana Attorney General’s Office has helped secure a $5.1 million settlement with two dental firms accused of improperly billing Indiana Medicaid for unperformed or unnecessary dental services. The settlement, reached in conjunction with U.S. Attorney Russell M. Coleman in the Western District of Kentucky, resolves claims that ImmediaDent of Indiana LLC improperly billed Indiana Medicaid for dental services in its nine dental practices in Indiana.

SCOTUS rejects net neutrality appeal

The Supreme Court has ended the court fight over repealed Obama-era “net neutrality” rules that required internet providers to treat all online traffic equally. The court on Monday rejected appeals from the telecommunications industry seeking to throw out a lower court ruling in favor of the “net neutrality” rules. 

2 Elkhart police officers face battery charges

Two Elkhart police officers were placed on administrative leave and will be charged with battery for repeatedly punching a handcuffed man in the face. The Elkhart police department on Friday announced the charges against officers Cory Newland and Joshua Titus.

Indiana boy, 13, expected to admit to May school shooting

A 13-year-old boy accused of shooting and wounding a classmate and a teacher at their suburban Indianapolis school was expected to admit during a Monday court hearing to carrying out last May’s attack. The teen was set to appear in juvenile court for an admission/uncontested fact-finding hearing and a disposition hearing in Hamilton Circuit Court.

Opinions Nov. 2, 2018

Indiana Supreme Court
In the Matter of Larry W. Rogers
64S00-1704-DI-251
Attorney discipline. Suspends Larry Rogers for 90 days, with the manner of his reinstatement conditional upon full restitution being made to a client who paid an unearned retainer of $8,000. Finds Rogers committed attorney misconduct by neglecting an appeal and then failing to refund the unearned fee.