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Northern District finalizes memorial service for Lozano

September 14, 2018

A memorial service is set for Monday, Sept. 24, in the Hammond courtroom where the late Northern District of Indiana Senior Judge Rodolfo “Rudy” Lozano presided for three decades, the court announced Friday.

Opinions Sept. 14, 2018

September 14, 2018

The following 7th Circuit Court opinion was posted after Indiana lawyer deadline Thursday.
Gregory Aregood, Jr. v. Givaudan Flavors Corporation
17-3390
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms and reverses in part, remands for proceedings. Affirms the District Court for the Southern District of Indiana’s grant of summary judgment to Givaudan Flavors Corp. on its employees’ claims, except for failure to warn. Reverses the grant of summary judgment on the employees’ duty to warn claim based on the sophisticated intermediary doctrine. Remands for proceedings on the duty to warn claim.

Oakland City man acquitted in motel manager’s death

September 14, 2018

A southwestern Indiana jury has acquitted of murder a 21-year-old man whose attorney argued self-defense in the shooting death of a motel co-manager.

Death penalty dropped for man’s third triple-murder trial

September 14, 2018

A northern Indiana man who’s facing his third trial in a triple-murder case won’t face the death penalty if he’s convicted again in the killings. Wayne Kubsch is expected to stand trial again next year for the 1998 Mishawaka slaying of his wife, her ex-husband and their son.

Manafort pleads guilty, will cooperate with special counsel

September 14, 2018

Former Trump campaign chairman Paul Manafort agreed Friday to cooperate with the special counsel’s Russia investigation as he pleaded guilty to federal charges and avoided a second trial that could have exposed him to even greater punishment.

COA: South Bend med-mal appeal lacks issues of fact

September 14, 2018

The Indiana Court of Appeals affirmed a grant of summary judgment to a South Bend hospital after it upheld that res ipsa loquitur did not apply to facts in a hip-replacement related negligence claim.

Ineffective counsel arguments in OWI appeal lack cogent reasoning

September 14, 2018

A man’s arguments on appeal from his drunken-driving conviction that he had ineffective assistance of counsel were rejected in substance and form by the Indiana Court of Appeals on Friday.

Juvenile waived to adult court in Indy doctor’s slaying

September 14, 2018

A juvenile has been waived to adult court to face charges in the fatal shooting of an Indiana University doctor and educator last year.

Inmate who confessed sentenced to 63 years in 2008 slaying

September 14, 2018

A prison inmate who confessed in 2017 to a slaying years earlier in eastern Indiana has been sentenced to 63 years in prison.

Opinions Sept. 13, 2018

September 13, 2018

Indiana Supreme Court
Jennifer Cox v. Evansville Police Department and The City of Evansville; Babi Beyer v. The City of Fort Wayne
18S-CT-447
Civil tort. Affirms denial of summary judgment to Evansville and Fort Wayne on a claim of respondeat superior. Finds that when a police officer’s tortious acts — in this case sexual assault — fall within the scope of employment, the city is liable. Also affirms the trial courts’ grants of summary judgment to the cities on common-carrier theory. Finds the relationships between the cities and the women in these cases do not fall within the common-carrier exception.

Justices: Evansville, Fort Wayne partly liable for police sex assaults

September 13, 2018

The Indiana Supreme Court affirmed two cities were entitled to summary judgment on the common-carrier theory, but not on the issue of liability under respondeat superior’s scope-of-employment rule in a consolidated civil lawsuit involving two women who were sexually assaulted by on-duty police in Evansville and Fort Wayne.

Absent juvenile did not waive rights, split Supreme Court rules

September 13, 2018

The Indiana Supreme Court split over whether a juvenile waived his right to be present when he skipped his hearing, but the justices came together in calling for a legislative remedy. Justices in a 3-2 decision reversed the teen’s juvenile delinquency adjudication.

Prominent Anderson attorney faces OWI, habitual offender counts

September 13, 2018

An Anderson attorney who is the son of the city’s mayor and served as a deputy city attorney faces drunken-driving charges after he was allegedly involved in a property damage crash. The Madison County Prosecutor’s Office also is seeking habitual offender status against the lawyer.

COA affirms ruling for lawyer on legal malpractice claim

September 13, 2018

The Indiana Court of Appeals affirmed summary judgment for a Bloomington lawyer accused of legal malpractice, finding the evidence negated the proximate cause element of the claim.

Ruling: DOC violating rights of inmates with hepatitis

September 13, 2018

The Indiana Department of Correction’s failure to provide inmates with recommended hepatitis C treatment violates their constitutional protections against cruel and unusual punishment, a federal judge ruled Thursday in a groundbreaking order.

Indiana teen charged in suffocation deaths of his 2 siblings

September 13, 2018

A 14-year-old southeastern Indiana boy charged in the suffocation deaths of his two young siblings told investigators that he killed them so that they wouldn’t “have to live in the hell that he did,” prosecutors allege.

Grand jury indicts 3 ex-sheriff’s employees in payroll case

September 13, 2018

A grand jury has indicted three former civilian employees of a northern Indiana sheriff’s office who allegedly were compensated for work they didn’t perform.

House speaker: Top GOP lawmaker in critical condition

September 13, 2018

Indiana’s House speaker said Thursday a top-ranking Republican lawmaker is in critical condition after a motorcycle accident in Michigan. Rep. Tim Brown had been placed in a medically induced coma after the crash.

House Ways and Means chairman in coma after motorcycle crash

September 12, 2018

A top Indiana lawmaker was in a medically induced coma Wednesday after being involved in a motorcycle accident in northern Michigan, his traveling companion told Indianapolis Business Journal.

Daleville woman formally charged in son’s hot car death

September 12, 2018

Prosecutors have filed formal charges against a central Indiana woman who had been drinking and was taking a nap while her 2-year-old son crawled into a hot car and later died.

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In This Issue

  • What’s next for companies after tariff ruling?

  • Attorneys across Indianapolis go toe-to-toe on basketball court

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

Most Read
  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

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

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

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

  • Indy woman to pay $1M in restitution after using boss’ accounts to pay personal expenses

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