Six apply for impending Allen County judicial vacancy
| IL Staff
Three magistrate judges and three attorneys have applied for an upcoming vacancy on the Allen Superior Court bench.
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Opinions August 30, 2024
Indiana Supreme Court
In the Matter of Robert T. Miller
24S-DI-236
Attorney discipline. Orders Robert Miller to be suspended for 120 days from the practice of law in Indiana, beginning Oct. 11, with automatic reinstatement. Finds Miller, as a staff attorney with the Indiana Department of Child Services, engaged in attorney misconduct by signing family case managers’ names to child in need of services petitions without their knowledge or consent. Also finds Miller’s misconduct had the potential for significant injury due to the fundamental interests at stake in CHINS proceedings.
Committee working to identify defunct government boards, commissions and councils
In less than 45 minutes, a dozen committee members swiftly moved through a Wednesday agenda analyzing nine Indiana government commissions to determine whether the boards still existed functionally or only on paper.
McCormick emphasizes curriculum, accountability and teachers in Indiana education plan
School accountability, teacher salary boosts and “academic freedom” are priorities on Jennifer McCormick’s education plan, the Democratic gubernatorial candidate announced on Thursday.
National conservative group alleges systemic election fraud in survey sent to Indiana voters
A survey sent to Noblesville area voters from a national conservative think tank contends election fraud is on the rise as part of illegal attempts to steal elections.
Defense Department civilian to remain jailed awaiting trial on mishandling classified documents
A federal judge has overruled a magistrate and ordered a Defense Department civilian and U.S.-Turkish dual citizen to remain jailed while he awaits trial on accusations he mishandled classified documents.
Opinions August 29, 2024
Indiana Supreme Court
Cave Quarries, Inc. v. Warex LLC
24S‐CT‐39
Civil tort. Affirms the Orange Circuit Court’s denial of Cave Quarries’ motion for summary judgment. Finds Indiana law has long treated blasting as an abnormally dangerous activity subject to strict liability for damage to neighbors and bystanders. Also finds the court does not extend strict liability for blasting damage to a customer who participated in the blasting by hiring the defendant to conduct the explosion. Remands for the trial court to enter judgment for Warex and against Cave Quarries on count one of Cave Quarries’ complaint for damages alleging a strict liability claim, and to proceed on Cave Quarries’ negligence claim in count two.
IU expressive activity policy violates First Amendment, ACLU of Indiana lawsuit alleges
The American Civil Liberties Union of Indiana filed a federal lawsuit Thursday against Indiana University in a challenge to the university’s newly-implemented expressive activity policy.
Indianapolis felon sentenced to federal prison for possession of machine gun
| IL Staff
An Indianapolis man previously convicted of a felony was sentenced to more than three years in federal prison after pleading guilty to possession of a machine gun, according to the U.S. Attorney’s Office for the Southern District of Indiana.
Whitley Co. Judge deployed for military service, judge pro tempore appointed to bench
| IL Staff
The Indiana Supreme Court appointed attorney Antony Garza as Judge Pro Tempore in Whitley Superior Court Tuesday.
FSSA exploring narrow relief options for Hoosiers on Medicaid waitlists
Responding to pressure, state officials are considering whether or not they can tap into a pool of federal dollars to provide relief for a narrow subset of Hoosiers on Medicaid waiver waitlists. Indiana Medicaid Director Cora Steinmetz described the process during a two-hour Medicaid Oversight Committee Tuesday alongside updates on various Medicaid initiatives.
Hogsett says he asked Cook to lead last campaign without knowing every allegation
Indianapolis Mayor Joe Hogsett on Wednesday said he was unaware of more recent sexual harassment allegations against his former chief of staff when he brought him on to lead the mayor’s 2023 reelection campaign.
Ballot measures in 41 states give voters a say on abortion and other tough questions
More than 140 measures are going before voters in 41 states during the general election alongside choices for president and other top offices. The ballot questions will give voters a chance to directly decide some consequential issues, instead of deferring to their elected representatives.
Supreme Court rebuffs Biden administration plea to restore multibillion-dollar student debt plan
The Supreme Court on Wednesday kept on hold the latest multibillion-dollar plan from the Biden administration that would have lowered payments for millions of borrowers, while lawsuits make their way through lower courts.
Key topics from ABA Delegates meeting
The ABA House of Delegates met in August in Chicago for its annual meeting. Here are 15 key reports of the 41 that were approved by delegates.
Indiana man charged with multiple felonies for alleged role in Jan. 6 Capitol riot
| IL Staff
An Indiana man was arrested Wednesday for allegedly assaulting law enforcement and other charges related to his conduct during the Jan. 6, 2021 riot at the U.S. Capitol.
Opinions August 28, 2024
Indiana Court of Appeals
Nina Cahill and Kenneth S. Davis v. Charity Davis, Baptist Healthcare System, Inc., and Baptist Health Medical Group, Inc.
23A-PL-1682
Civil plenary. Affirms the Floyd Circuit Court’s grant of summary judgment to Baptist Healthcare Systems and Baptist Health Medical Group, Inc. Finds Nina Cahill and Kenneth Davis had the burden to demonstrate they could avoid the statute of limitations for a claim sounding in “ordinary negligence,’ failed to cite the tolling statute in the trial court and failed to provide cogent argument regarding why a tolling provision from the Medical Malpractice Act should toll the statute of limitations for a lawsuit that asserts only claims of ordinary negligence. Also finds Baptist made a prima facie showing that it was entitled to summary judgment because the plaintiffs failed to file their ordinary negligence actions against Baptist within the two-year statute of limitations period for negligence actions.
Northeast Regional Mental Health Summit returns, set for October
| IL Staff
Northeast Indiana Regional Mental Health Summit returns for its second year on Oct. 11 for treatment providers, public safety agencies and mental health advocates to discuss prevention and more.
Taft partner Lacy Johnson leads 2024 class of Diversity in Law honorees
| IL Staff
Lacy Johnson, a partner at Taft Stettinius & Hollister LLP , leads the 2024 group as the Diversity Trailblazer, the highest Diversity in Law honor that recognizes an attorney who has excelled in their commitment to diversity and who has inspired others to do the same.
Web Exclusive: New law permits students to leave class for religious instruction
A new law enacted on July 1 across the state requires principals to allow students to be dismissed from class during the week to attend religious instruction.
