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Opinions July 12, 2018

July 12, 2018

The following 7th Circuit Court opinion was posted after IL deadline on Wednesday.
Nicholas Knopick v. Jayco, Inc.

17-2285
Appeal from the United Stated District Court for the Northern District of Indiana, South Bend Division.
Judge Jon DeGuilio
Civil. Affirms summary judgment for recreational vehicle manufacturer Jayco. Finds the language in the warranty protects the company from having to cover work on vehicles that are purchased by a business, as Nicholas Knopick did when he bought the Jayco on behalf of the company he controlled. Rules the repairs to the Knopicks’ RV were “good will” repairs and did not waive the warranty’s terms.

Republican legislative aide is third accuser of AG Hill

July 12, 2018

A Republican staffer has come forward to publicly accuse Indiana Attorney General Curtis Hill of touching her inappropriately at a party, the third woman to do so. Her accusations were outlined in a statement released Thursday.

‘Let us begin:’ Ground broken for Indy Criminal Justice Center

July 12, 2018

The ceremonial groundbreaking of the new Marion County Criminal Justice Center was more than the symbolic start of construction, Indianapolis City-County Council President Vop Osili said — it was the start of the city taking a groundbreaking step toward criminal justice reform.

Man could avoid prison in hit-and-run death of girl, 5

July 12, 2018

A northwestern Indiana man who pleaded guilty in the hit-and-run death of a 5-year-old girl could avoid prison, according to his sentence handed down Wednesday.

2 more men charged with murder in deputy’s killing

July 12, 2018

Two more men have been charged with murder in the fatal shooting of a Boone County sheriff’s deputy.

Northern District Senior Judge Rudy Lozano dies

July 12, 2018

Senior Judge Rodolfo (Rudy) Lozano of the U.S. District Court for the Northern District of Indiana has died, the office of Northern District Clerk Robert N. Trgovich confirmed Thursday morning.

Excessive force claim to proceed against IMPD SWAT officer

July 11, 2018

A Fourth Amendment excessive force claim against an Indianapolis police officer will continue after a federal judge denied the officer’s motion for summary judgment on Tuesday. The SWAT officer is accused of assaulting a suspected drug dealer in his home after executing a no-knock warrant.

Juvenile detention center gets anti-rape accreditation

July 11, 2018

Marion County courts announced Wednesday that the Juvenile Detention Center in Indianapolis has achieved accreditation under the Prison Rape Elimination Act. PREA auditors spent two days in March at the center examining the facility, staff and records, and the center passed all 43 required standards.

Ex-Louisville players sue NCAA over vacated national title

July 11, 2018

A group of former University of Louisville men’s basketball players have sued the NCAA over the organization’s vacation of the Cardinals’ 2013 national championship and 2012 Final Four.

Judge accused of bringing gun into Chicago courthouse

July 11, 2018

A judge is charged with carrying a concealed weapon in a prohibited area after he was caught on video dropping a gun in a Chicago courthouse.

Judge awards $219K in housing discrimination lawsuit

July 11, 2018

The estate of a woman who was confined to a hospital bed and harassed by her landlord won a major victory last week in federal court that provided some rare Indiana case law on housing discrimination and, according to a fair housing advocate, will impact Hoosiers for years to come.

Indiana program to provide schools with free metal detectors

July 11, 2018

A new state program will equip Indiana schools with free handheld metal detectors next month, when most of the state’s school districts start the new academic year.

New Haven man charged in fiery June crash that killed woman

July 11, 2018

A northeastern Indiana man has been charged in a fiery June car crash that killed a passenger.

Former Mainscape CEO sentenced in nursing home kickback scheme

July 11, 2018

A fifth person who played a role in a $19 million kickback scheme involving Indiana nursing homes has been sentenced to probation. David Mazanowski, founder and former CEO of the Fishers-based landscaping firm Mainscape Inc., pleaded guilty in U.S. District Court to one felony count of conspiracy to commit mail, wire and health care fraud. […]

Judge grants Curry’s request for special prosecutor in Hill groping investigation

July 10, 2018

A Marion Superior judge has approved Marion County Prosecutor Terry Curry’s request to appoint a special prosecutor to assist the Indiana Inspector General with an ongoing investigation into groping allegations made against Indiana Attorney General Curtis Hill.

Nursing home fraud scheme’s ‘CFO’ gets 5 years in prison; lesser player gets 4 months

July 10, 2018

A federal judge on Monday sentenced Steven Ganote, a key player in the massive American Senior Communities overbilling and and kickback scheme, to five years in prison and ordered him to pay $7 million in restitution. Judge Tanya Walton Pratt also doled out punishment to Joshua Burkhart, sentencing him to four months in prison and ordering him to pay $420,000 in restitution for his role in the scheme.

Opinions July 10, 2018

July 10, 2018

Indiana Court of Appeals 
Diane Seiwert and 19942 Longview Drive, LLC v. Ty Brown and Brown Roofing Co. (mem. dec.) 

15A01-1707-PL-1616
Civil plenary. Affirms the Dearborn Superior Court’s judgment in favor of Ty Brown and Brown Roofing Company in the amount of $5,531.83. Finds the trial court did not err in finding that Diane Seiwert breached the parties’ contract when she instructed Brown to stop installing gutters on her home before completion and failed to pay for the work. 

7th Circuit splits over plain reading of Indiana law

July 10, 2018

In a case involving an Indianapolis Metropolitan police officer trying to recoup attorney fees, a split 7th Circuit Court of Appeals illustrated that taking a plain reading of statute does not always make things clear.

ALJ erred by ‘playing doctor’ in head trauma case, 7th Circuit rules

July 10, 2018

Judges must rely on expert opinions instead of determining the significance of particular medical findings themselves, the 7th Circuit Court of Appeals ruled in a case where it found a judge “played doctor” to review limitations caused by a traumatic brain injury.

Westrick: Summer study committees to focus on health-related topics

July 10, 2018

While the list of health-related bills that took effect this year is lengthy, there is still more health-related work to be done. The Interim Study Committee on Public Health, Behavioral Health, and Human Services will meet later this summer and fall.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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