Indy attorney ordered to pay $500 for practicing while suspended
An Indianapolis attorney who has been suspended from the practice of law since 2009 has been ordered to pay a $500 fine for continuing to offer legal services despite her suspension.
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Supreme Court nominee Kavanaugh clears crucial Senate hurdle
A deeply divided Senate pushed Brett Kavanaugh’s Supreme Court nomination past a key procedural hurdle Friday, setting up a likely final showdown this weekend in a battle that’s seen claims of long-ago sexual assault by the nominee threaten President Donald Trump’s effort to tip the court rightward for decades. The Senate voted 51-49 to limit debate, effectively defeating Democratic efforts to scuttle the nomination with endless delays.
Mueller shedding more attorneys in Russia investigation
Special counsel Robert Mueller is trimming more attorneys from his office, another sign his team of prosecutors is winding down parts of their investigation into potential ties between Russia and President Donald Trump’s campaign.
Kavanaugh says he ‘might have been too emotional’ at hearing
Supreme Court nominee Brett Kavanaugh acknowledged Thursday he “might have been too emotional” when testifying about sexual misconduct allegations as he made a final bid to win over wavering GOP senators on the eve of a crucial vote to advance his confirmation. Three GOP senators and one Democrat remain undecided about elevating Kavanaugh to the high court.
Ohio River agency holds off vote on dropping pollution rules
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
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
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
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
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
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
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
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
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’
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
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
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
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
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
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
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.