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Fort Wayne officers’ excessive force countersuit bid rejected

May 21, 2018

A federal magistrate judge has rejected a bid by four Fort Wayne police officers to countersue a woman who accuses them of racial profiling and excessive force.

Appellate court allows Duke to recover damages from ratepayers

May 21, 2018

Duke Energy Indiana can recover the costs of a damages order from its ratepayers after the Indiana Court of Appeals found sufficient evidence to support the Indiana Utility Regulatory Commission’s approval of that recovery plan.

Negligence suit from bicyclist hit by officer’s car remanded for trial

May 21, 2018

A negligence case against the town of Chesterton and the Porter County Drug Task Force must proceed to trial after the Indiana Court of Appeals ruled there was a genuine issue of material fact as to whether the plaintiff who brought the case was contributorily negligent in the bicycle-vehicle accident.

Divided Supreme Court rules for businesses over workers

May 21, 2018

The U.S. Supreme Court ruled employers can prohibit workers from banding together to dispute their pay and conditions in the workplace, an important victory for business interests. The justices ruled 5-4 Monday, with the court’s conservative members in the majority, that businesses can force employees to individually use arbitration, not the courts, to resolve disputes.

Suspended attorney who continued to practice fined $500

May 21, 2018

An Indianapolis attorney who has been suspended from the practice of law in Indiana for more than eight years has been found in contempt of court after continuing to practice despite his suspension.

7th Circuit upholds Allen County workers’ comp judgment

May 21, 2018

The Allen County Board of Commissioners cannot be held liable for a former county court employee’s disability claims because the board was neither his direct nor indirect employer, the 7th Circuit Court of Appeals has ruled.

Tax Court reverses doubled Clark County assessments

May 21, 2018

The Clark County assessor must reduce its valuation of a Jeffersonville property by roughly $1 million for the 2011 through 2013 tax years after the Indiana Tax Court found the assessor abused her discretion in the assessment process.

Celadon drivers getting shares of $4.2 million judgment

May 21, 2018

About 2,400 independent lease drivers for Indianapolis-based Celadon Trucking Services Inc. are getting checks in the mail — many for more than $1,000 — resulting from final resolution of a class action judgment finding drivers were overcharged for their fuel purchases.

IU McKinney’s Jegen remembered for love of teaching

May 18, 2018

Lawrence Jegen III spent much of his professional life in the classroom, gaining a reputation as a demanding presence who had an encyclopedic knowledge of tax law and someone who cared about his students and would willingly offer advice and counsel long after they had graduated.

Opinions May 18, 2018

May 18, 2018

The following opinions were posted after IL deadline on Thursday:
7th Circuit Court of Appeals
Frederick A. Laux v. Dushan Zatecky

16-3282
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the denial of Frederick A. Laux’s petition for writ of habeas corpus. Finds the state courts’ conclusion that Laux received effective assistance of counsel was not unreasonable.

Justices to decide if bad search voids child molest convictions

May 18, 2018

The Indiana Supreme Court must decide if a Blackford County man’s child molestation convictions will stand despite an unconstitutional search of his home that led to his confession. The question will force the court to grapple with the relationship between two doctrines: attenuation and fruit of the poisonous tree.

Holcomb appoints judges in Jackson, Porter and Vermillion counties

May 18, 2018

Indiana Gov. Eric Holcomb appointed an elected prosecutor and two deputy prosecutors to fill Indiana trial court vacancies in three Indiana counties, his office announced Friday.

Appellate court orders new trial for car crash victim

May 18, 2018

A man injured in a LaGrange County car crash will get a second chance to make his negligence case against the driver who allegedly caused the collision after the Indiana Court of Appeals reversed judgment in favor of the allegedly negligent driver and remanded the case for a new trial.

Inmate’s suit over seizure of paper crosses reinstated

May 18, 2018

An inmate’s lawsuit against two people working for the Indiana Department of Correction will continue after the Indiana Court of Appeals ruled the trial court erred in dismissing the complaint for failure to state a claim.

7th Circuit upholds LWOP sentence for convicted murderer

May 18, 2018

An Indiana man convicted of murdering his ex-wife with a crowbar will continue to serve his life without parole sentence after the 7th Circuit Court of Appeals denied the habeas relief he sought on the basis of ineffective assistance of trial counsel.

Deportation arrests show increase under Trump

May 18, 2018

The Trump administration has made 27 percent more deportation arrests during the first half of this fiscal year than were made during the same period last fiscal year, the latest piece of evidence that it is aggressively pursuing people who are living in the United States illegally.

Marion County seeks needle exchange amid hepatitis C surge

May 18, 2018

A public health emergency has been declared in Marion County amid surging hepatitis C cases in Indianapolis that officials hope to combat with a needle-exchange. The county’s health department director declared the health emergency Thursday amid a 1,000 percent increase in hepatitis C between 2013 and 2017.

Indianapolis meetings to discuss police-community trust

May 18, 2018

Members of the Indianapolis City-County Council will hold community meetings on a breakdown in trust between police and the community. Council President Vop Osili and six other Democratic and Republican councilors announced the meetings during a news conference Thursday, one week after a civilian police merit board cleared two policemen of wrongdoing in the fatal shooting of an unarmed black motorist.

IU McKinney professor Lawrence Jegen dies at 83

May 18, 2018

Lawrence A. Jegen III, longtime professor at the Indiana University Robert H. McKinney School of Law, died Thursday at his Indianapolis home. He was 83. IU McKinney dean Andrew Klein described Jegen, a professor for 56 years at the law school, as a legend.

Justices: Attorneys can’t waive clients’ right to attend commitment hearings

May 17, 2018

A man whose attorney waived his right to be present at his mental health civil commitment hearing will be released from involuntary commitment after the Indiana Supreme Court ruled that attorneys may not waive a client’s right to be present at those hearings. The court also found that trial courts can independently waive a respondent’s presence but must do so at the beginning of a civil commitment proceeding.

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In This Issue

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

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

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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