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COA: Nearly identical medical malpractice, wrongful death cases filed too late

July 18, 2018

The Indiana Court of Appeals has granted summary judgment to physicians and their hospitals in three nearly identical medical malpractice and wrongful death cases filed more than seven years after the deaths of three patients after finding the actions could have been filed years prior.

Slaughter replaces David as Coalition for Court Access chair

July 18, 2018

Indiana Supreme Court Justice Geoffrey Slaughter has taken over as chair of the Coalition for Court Access, while three additional members have been appointed to serve under him. He will take over for Justice Steven David, who had chaired the coalition since its 2016 inception.

Dems see Kavanaugh as Obamacare threat, but law likely safe

July 18, 2018

The heated debate over how Supreme Court nominee Brett Kavanaugh would vote on the Affordable Care Act might not matter. As long as five past defenders of the health care law remain on the nation’s highest court, the odds tilt in favor of it being allowed to stand. Some Democrats are warning that President Donald Trump’s designee could spell doom for the statute, even as some conservatives are portraying Kavanaugh as sympathetic to former President Barack Obama’s landmark legislation.

Mueller seeks immunity for 5 witnesses in Manafort case

July 18, 2018

The special counsel in the Russia investigation is seeking immunity for five potential witnesses in the upcoming trial of President Donald Trump’s former campaign chairman, Paul Manafort. The five individuals have indicated they won’t testify or provide other information “on the basis of their privilege against self-incrimination,” special counsel Robert Mueller’s office told a federal judge in Virginia in a court filing Tuesday.

Trump backs down, says he misspoke on Russia meddling

July 18, 2018

Blistered by bipartisan condemnation of his embrace of a longtime U.S. enemy, President Donald Trump on Tuesday backed away from his public undermining of American intelligence agencies, saying he simply misspoke when he said he saw no reason to believe Russia had interfered in the 2016 U.S. election.

Pierogi festivals settle over trademark dispute

July 17, 2018

A northwestern Indiana city that hosts an annual festival built around a popular Polish delicacy has reached a settlement in its trademark dispute with a rival festival in Pennsylvania. Since 2014 the Edwardsville Hometown Committee has run the Pennsylvania festival dedicated to the potato-filled dumplings, abundant in a region whose coal mines drew Polish immigrants more than a century ago, while Whiting, Indiana, has hosted Pierogi Fest since 1995.

Prosecutor in Fort Wayne girl’s 1988 killing hails genealogy databases

July 17, 2018

An Indiana prosecutor who’s preparing formal charges against a man in the 1988 abduction, rape and killing of an 8-year-old Fort Wayne girl says genealogy databases are powerful new tools for investigators. Allen County Prosecutor Karen Richards said in an affidavit that investigators consulted a company that was able to narrow DNA in the Tinsley case to Miller and his brother using publicly available genealogy database research. 

Opinions July 17, 2018

July 17, 2018

Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of: T.H. (Minor Child), and B.H. (Father) and D.A. (Mother) v. Indiana Department of Child Services (mem. dec.)

18A-JT-423
Juvenile termination of parental rights. Affirms the Tippecanoe Superior Court’s termination of B.H. and D.A.’s parental rights. Finds the Indiana Department of Child Services presented sufficient evidence to support the termination of parental rights. 

Anthem sued by doctors in dispute over emergency room coverage

July 17, 2018

The health insurer Anthem Inc. was sued by doctors in Georgia for declining to pay for some emergency room care, escalating a long-running battle over how far insurance plans can go to push patients to seek lower-cost treatment. It’s the latest legal challenge over a change in policy that Indianapolis-based Anthem says was designed to cut down on patients going to an emergency room in situations that don’t require it. 

ISBA opens legal ethics essay contest

July 17, 2018

Indiana law students, recent graduates and new attorneys, and paralegals are invited to further the discourse on legal ethics by participating in the Indiana State Bar Association’s legal ethics essay contest. The deadline for entry is Aug. 3.

Council OKs new fees, regulations for scooter-rental companies

July 17, 2018

The Indianapolis City-County Council on Monday night approved rules and the basics of a permitting structure that would regulate the dockless electric scooter-rental companies such as Bird and Lime that popped up in the city last month. The proposal, passed 19-6 by the council, requires companies to apply for and receive a permit from the city before operating their services.

Applications open for Allen County judicial vacancy

July 17, 2018

An Allen County superior court judge will retire at the end of this year, prompting the Allen Superior Court Judicial Nominating Commission to begin the process of selecting his replacement. The vacancy will occur in December when Judge John F. Surbeck, Jr. retires from his position in the Allen Superior Court Criminal Division.

Trump embraces longtime US foe Putin, doubting own intel

July 17, 2018

In an extraordinary embrace of a longtime U.S. enemy, President Donald Trump on Monday openly questioned his own intelligence agencies’ firm finding that Russia meddled in the 2016 U.S. election to his benefit, seeming to accept Russian President Vladimir Putin’s insistence that Moscow’s hands were clean.

Prosecutors: Russian hackers exploited US cyber vulnerability

July 17, 2018

To steal politically sensitive information, prosecutors say Russian hackers exploited some of the United States’ own computer infrastructure against it, using servers they leased in Arizona and Illinois. The details were included in an indictment released Friday by special counsel Robert Mueller, who accused the GRU, Russia’s military intelligence agency, of taking part in a wide-ranging conspiracy to interfere in the 2016 presidential election.

Supreme Court nominee’s paper trail might color confirmation

July 17, 2018

Supreme Court nominee Brett Kavanaugh’s opponents are digging through documents at President George W. Bush’s library in Texas and other repositories around the country looking for anything that could help derail his nomination. The trail of documents is extensive, as Kavanaugh spent five years in the Bush White House and 12 years as a federal judge.

Lawsuit alleges USA Diving ignored sex abuse of divers

July 17, 2018

Two former divers are suing USA Diving, accusing the national governing body of ignoring or obstructing inquiries into allegations that a coach sexually abused them when they were young athletes dreaming of Olympic glory. The federal lawsuit, filed last week, names Indianapolis-based USA Diving, Inc., the Ohio State University Diving Club and Will Bohonyi.

Suspect in 1988 killing of Fort Wayne girl, 8, appears in court

July 16, 2018

A judge has given prosecutors until Thursday to formally charge a man who is being held in the 1988 slaying of an 8-year-old Fort Wayne girl. John D. Miller, 59, of Grabill was arrested Sunday on preliminary murder, child molesting and criminal confinement charges in the abduction, rape and killing of April Marie Tinsley.

Judge temporarily halts deportation of reunified families

July 16, 2018

A federal judge on Monday ordered a temporary halt to any deportations of immigrant families who were reunited after being separated by the Trump administration at the border. U.S. District Judge Dana Sabraw imposed a delay of at least a week after a request from the American Civil Liberties Union, which cited “persistent and increasing rumors … that mass deportations may be carried out imminently and immediately upon reunification.”

Opinions July 16, 2018

July 16, 2018

Indiana Court of Appeals
Jermaine Jackson v. State of Indiana 

49A02-1712-CR-2899
Criminal. Affirms Jermaine Jackson’s conviction for Level 1 felony attempted murder, three counts of Level 6 felony criminal recklessness and Class A misdemeanor carrying a handgun without a license. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence of his prior bad acts. Also finds the admission of evidence did not prejudice Jackson’s substantial rights. 

Opinions July 16, 2018

July 16, 2018

Indiana Court of Appeals
Jermaine Jackson v. State of Indiana 

49A02-1712-CR-2899
Criminal. Affirms Jermaine Jackson’s conviction for Level 1 felony attempted murder, three counts of Level 6 felony criminal recklessness and Class A misdemeanor carrying a handgun without a license. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence of his prior bad acts. Also finds the admission of evidence did not prejudice Jackson’s substantial rights. 

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

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

  • 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

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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