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Ohio River agency holds off vote on dropping pollution rules

October 5, 2018

A commission that watches over the Ohio River’s health has put off a vote on whether to move away from its role of setting pollution standards for the river. The Ohio River Valley Water Sanitation Commission decided against holding a vote Thursday on a change that would leave the responsibility of setting water quality standards up to the six individual states along the river.

Opinions Oct. 4, 2018

October 4, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Jane Doe v. Vigo County, et al.
17-3155
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil tort. Affirms summary judgment in favor of Vigo County on a civil liability suit filed after Jane Doe was sexually assaulted by a county parks department maintenance worker. Finds Doe has not proven that Vigo County had reason to believe the assault was foreseeable, and there was not enough evidence to support a Monell claim.

 

Justices: No rights advisement needed before drug exam

October 4, 2018

The Indiana Supreme Court reinstated a woman’s conviction that the Indiana Court of Appeals had vacated because she did not receive an advisement of her rights before police administered a drug recognition exam after a traffic stop.

GOP, Dems battle over secret FBI report on Kavanaugh

October 4, 2018

A high-stakes partisan row quickly broke out Thursday over a confidential FBI report about allegations that Brett Kavanaugh sexually abused women three decades ago, with Republicans claiming investigators found “no hint of misconduct” and Democrats accusing the White House of slapping crippling constraints on the probe.

COA: Fired deputy marshal wrongly denied hearing

October 4, 2018

The Indiana Court of Appeals reversed a decision that found a deputy town marshal was not entitled to a hearing following his employment termination. The deputy had been fired after taking leave for a medical condition.

Indiana gets more anti-violent crime funding

October 4, 2018

Nearly $657,000 has been allocated to the Northern and Southern Districts of Indiana this year to continue efforts to reduce violent crime in the state and nationwide.

ISBA poll results favor retention of Slaughter, Altice

October 4, 2018 | Katie Stancombe

A new poll of Indiana State Bar Association members strongly supports keeping two state appellate judges on the bench, but Hoosiers will have the final say on their retention this November.

7th Circuit: Woman can’t sue county over worker’s sex assault

October 4, 2018

A woman serving court-ordered community service who claimed she was sexually assaulted by a Vigo County park maintenance worker lost her appeal of a judgment in favor of the county in her civil liability lawsuit Wednesday, despite what judges noted was a “horrific incident”.

Cemetery case puts property rights issue before high court

October 4, 2018

Rose Mary Knick makes no bones about it. She doesn’t buy that there are bodies buried on her eastern Pennsylvania farmland, and she doesn’t want people strolling onto her property to visit what her town says is a small cemetery.

Judge blocks US immigration order, says Trump ‘harbors animus’

October 4, 2018

A judge on Wednesday blocked the Trump administration from ending protections that allowed immigrants from four countries to live and work legally in the United States, saying the move would cause “irreparable harm and great hardship.”

Man sentenced in 1980 killing of off-duty Hammond officer

October 4, 2018

A Gary man convicted in the 1980 shooting death of off-duty Hammond police officer Lawrence Pucalik has been sentenced to 47 years in prison.

Marion County jury to hear capital case in Fort Wayne

October 3, 2018

Jurors from Marion County will hear the case of a Fort Wayne man facing death penalty charges stemming from the deaths of four people.

Opinions Oct. 3, 2018

October 3, 2018

Indiana Court of Appeals
Bobby J. Johnson, Jr. v. Hix Wrecker Service, Inc.

18A-PL-10
Civil plenary. Affirms the Marion Superior Court’s award of post-judgment attorney’s fees to Bobby J. Johnson, Jr. and his counsel. Finds the trial court did not abuse its discretion by vacating its prior provisional order for sanctions against Hix Wrecker Service, Inc. Also finds no abuse of discretion in the trial court’s calculation and award of roughly $35,000 in post-judgement attorney fees to Johnson’s counsel without using the lodestar method. 

COA allows environmental cleanup claims filed after 10 years

October 3, 2018

In a decision about the cleanup and redevelopment of an old industrial site, the Indiana Court of Appeals has provided a definitive answer to a long-simmering debate among Indiana environmental lawyers.

Indiana law professors sign letters opposing Kavanaugh confirmation

October 3, 2018

Law professors from all four of Indiana’s law schools have signed letters asking the United States Senate to oppose the confirmation of Brett Kavanaugh to the U.S. Supreme Court. One letter argues Kavanaugh lacks the temperament to be seated on the nation’s highest court, while the other asserts he was not fully vetted and that his judgments would erode civil and individual rights.

COA: No error in calculating $35K in attorney’s fees

October 3, 2018

The Indiana Court of Appeals affirmed the award of more than $35,000 in attorney’s fees, despite a lawyer’s argument that the amount awarded to a plaintiff in an employment suit was miscalculated.

Key GOP senators hit Trump for mocking Kavanaugh accuser

October 3, 2018

Two wavering Republican senators lambasted President Donald Trump on Wednesday for mocking a woman who has claimed Brett Kavanaugh sexually assaulted her in the 1980s, underscoring the risks of assailing Kavanaugh’s three accusers as Senate support teeters for the Supreme Court nominee.

USA Diving wants dropped from lawsuit alleging sex abuse

October 3, 2018

Indianapolis-based USA Diving is seeking to be dismissed as a defendant in a federal lawsuit from several female divers who say they were sexually abused and exploited by a former coach who worked in Ohio and Indiana.

Indiana appealing abortion clinic opening recommendation

October 3, 2018

The Indiana State Department of Health is appealing an administrative law judge’s recommendation that a proposed abortion clinic be allowed to open in South Bend.

Man pleads guilty in fiery June crash that killed woman

October 3, 2018

A northeastern Indiana man charged in a fiery June car crash in Fort Wayne that killed his girlfriend has pleaded guilty in the case.

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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

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

  • New habeas corpus strategy is freeing some immigrant detainees

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