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Indiana Court Decisions — Sept. 27-Oct. 9, 2018

October 16, 2018

Read Indiana appellate decisions from the most recent reporting period.

Valpo transfer plans nixed by Tennessee Higher Ed Commission

October 16, 2018

In an 8-5 vote Monday, the Tennessee Higher Education Commission rejected the proposal to transfer Valparaiso Law School to Middle Tennessee State University. The commission’s denial ends the work the two schools started in November 2017 to move the northwest Indiana law school to Murfreesboro, Tennessee.

Opinions Oct. 15, 2018

October 15, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday:
Vicki Barbera v. Pearson Education, Inc.

18-1085
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the district court’s decision to overrule Vicki Barbera’s objection to a magistrate’s order that Pearson Education, Inc. could not dispute Barbera’s description of a missing email chain and the grant of summary judgment to Pearson on Barbera’s severance pay discrimination claim. Finds the magistrate judge did not act unreasonably in declining to impose additional sanctions on Pearson for the missing email chain. Also finds Barbera was not similarly situated to her proposed comparators. Finally, finds there is no evidence of pretext.

7th Circuit upholds judgment for Pearson on sex discrimination claim

October 15, 2018

A former employee of Pearson Education, Inc. has lost her sex discrimination appeal against the educational products supplier after the 7th Circuit Court of Appeals found the woman failed to show she was similarly situated to three male employees she claimed were treated better than her.

LSC opioid task force to look at Indiana in first field hearing

October 15, 2018

The Legal Services Corporation’s Opioid Task Force is coming to Indianapolis for its first field hearing, which will include an examination of Indiana’s statewide response to the opioid crisis.

Lawyer who saw golf course slip, fall can’t represent victim

October 15, 2018

A Chicago attorney was removed from a northern Indiana federal personal injury case last week because he had witnessed an alleged golf course accident that was the basis of his client’s lawsuit.

Oral argument: Bright-line speeding rule requested in OWI case

October 15, 2018

The Indiana Supreme Court heard oral argument Monday morning on a speeding-turned-OWI case following its grant of transfer to the state’s appeal, including concerns regarding reasonable suspicion.

7th Circuit seeking public comment on jury instructions

October 15, 2018

The 7th Circuit Court of Appeals is seeking public comment on proposed revisions to criminal pattern jury instructions. Comments on the proposed changes will be accepted until Nov. 20.

Venue transfer appeal heads to Ivy Tech Indianapolis

October 15, 2018

Questions raised regarding the meaning of the term “principal office” will be heard in an Appeals on Wheels oral argument Tuesday morning at Ivy Tech Community College.

U.S. Supreme Court asked to review abortion law signed by Pence

October 15, 2018

Indiana is asking the U.S. Supreme Court to hear arguments over a law that bars women from having an abortion based on gender, race or disability. The law was signed in 2016 when Vice President Mike Pence was Indiana governor, but federal courts have blocked it.

Imprisoned ex-Indiana pastor wants electronics returned

October 15, 2018

An imprisoned ex- pastor from Columbus who admitted to charges in what prosecutors say was a scheme faking a burglary of his home in order to pay an opioid drug debt is asking for the return of confiscated electronics.

AG files complaints against 3 nurses after drugs diverted

October 15, 2018

The Indiana attorney general’s office has accused three nurses of diverting prescription drugs or medication from their workplaces.

Southwestern Indiana county gets grant to expand drug court

October 15, 2018

Knox County in southwestern Indiana has landed a $500,000 federal grant that will allow officials to nearly double the county’s drug court.

Opinions Oct. 12, 2018

October 12, 2018

Indiana Court of Appeals
J.S. v. State of Indiana

18A-JV-1049
Juvenile. Affirms the placement of J.S. in the Indiana Department of Correction following his admission to delinquent acts that would have amounted to Level 6 felony receiving stolen auto parts, Class A misdemeanor dangerous possession of a firearm and Class A misdemeanor theft if committed by an adult. Finds the Marion Superior Court did not abuse its discretion. 

Justices to hear arguments in speeding-turned-OWI case

October 12, 2018

The Indiana Supreme Court will hear oral argument on Monday to decide whether a man’s motion to suppress evidence was wrongfully denied by a trial court, which found that a police officer’s belief that the man was speeding constituted reasonable suspicion to support the man’s eventual drunken driving arrest.

Attorney-photographer loses suit against IPAC director

October 12, 2018

A McCordsville attorney and hobbyist photographer who has sued dozens of people for the alleged infringement of his photo of the Indianapolis skyline has lost key rulings in the most recent order in his various cases.

Lake County JNC seeks applicants to succeed judge not seeking retention

October 12, 2018

The Lake County Judicial Nominating Commission is now accepting applications to fill an upcoming vacancy in the Lake Superior Court. Applications will be accepted till Nov. 5 to replace outgoing Judge Jesse M. Villalpando.

DOJ grants nearly $3 million to Southern District agencies to combat gun crime

October 12, 2018

Law enforcement agencies in the Southern District of Indiana have been granted nearly $3 million to be dedicated to stemming gun violence through the Department of Justice’s Project Safe Neighborhoods initiative, Southern District U.S. Attorney Josh Minkler announced this week.  

COA: DOC placement best for juvenile, community’s safety

October 12, 2018

The Indiana Court of Appeals affirmed the placement of a teen boy in the Indiana Department of Corrections when it found that placement would best promote community safety and his best interests.

Hanlon confirmed to Southern Indiana District Court

October 12, 2018

James Patrick “J.P.” Hanlon was confirmed to the U.S. District Court for the Southern District of Indiana by the U.S. Senate Thursday evening in a voice vote. The partner at Faegre Baker Daniels was nominated by President Donald Trump and will fill the vacancy created when Judge William Lawrence took senior status in July.

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In This Issue

  • NCAA uses full-court press to protect branded phrases like ‘March Madness’

  • Conversations signal rising awareness of secondary trauma in legal profession

  • Former Jefferson County doctor, Norton Health facing medical negligence suit

Most Read
  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Ripley Co. teen sentenced to 100 years for killing 2 siblings

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Anonymous donors give each 2026 IU Maurer grad $10K

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