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7th Circuit affirms ruling for maker in IUD liability case

June 4, 2018

The 7th Circuit Court of Appeals ruled against a woman suing a company for product liability after a piece of her implanted birth control device broke during its removal and was left inside her uterus. The decision upheld a ruling for the device maker in federal district court.

Judge: FSSA must allow quadriplegic to receive home care

June 4, 2018

An elderly quadriplegic who has been confined to a hospital or nursing home since February 2016 could soon return home after a district judge ruled the Indiana Family and Social Services Administration violated her rights by failing to provide her with home-based care.

Opinions June 4, 2018

June 4, 2018

7th Circuit Court of Appeals
Cheryl Dalton v.  Teva North America, et al.

17-1990
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Richard L. Young, Judge.
Civil. Affirms summary judgment against Cheryl Dalton and in favor of Teva North America in a products liability case. Finds the district court properly applied Indiana law when it found that Dalton did not provide expert evidence on the issue of causation.

Justices side with Colorado baker on same-sex wedding cake

June 4, 2018

The U.S. Supreme Court ruled Monday for a Colorado baker who wouldn’t make a wedding cake for a same-sex couple in a limited decision that leaves for another day the larger issue of whether a business can invoke religious objections to refuse service to gay and lesbian people.

COA to hear argument in Lawrence, Clark counties this week

June 4, 2018

The Indiana Court of Appeals is headed south this week to hear oral arguments in Clark and Lawrence counties.

Trump says he has ‘absolute right’ to pardon himself

June 4, 2018

President Donald Trump asserted his presidential power and escalated his efforts to discredit the special counsel Russia probe on Monday, declaring he has the “absolute right” to pardon himself and attacking the investigation as “totally UNCONSTITUTIONAL!”

Former Vigo County commissioner faces new drug charges

June 4, 2018

A former Vigo County commissioner was charged with drug possession and domestic violence last week, nearly 10 years after he was first convicted of a drug crime. David W. Decker has been charged with possession of methamphetamine, maintaining a common nuisance, possession of paraphernalia, invasion of privacy and domestic battery.

Prosecutors drop sexual misconduct charges against East Chicago teacher

June 4, 2018 | Associated Press

Charges were dropped against a former East Chicago junior high school teacher accused of sexual misconduct with two students. The teacher was charged in October 2016 with felony child molesting and sexual misconduct.

Floyd County judge: Murder convict can’t legally change name

June 4, 2018

A Floyd County judge has ruled that a man convicted of murder cannot legally change his name. Jeramy Heavrin  was convicted of killing Jennifer Rose Johnson in 1994 and has had trouble keeping jobs because of the conviction since his November 2016 release.

Gary man wants review of conviction in Indiana officer’s death

June 4, 2018

A Gary man who was sentenced to life in prison without parole for fatally shooting a Gary police officer is asking a court to review his conviction. Twenty-nine-year-old Carl Le’Ellis Blount has filed a post-conviction relief petition alleging Lake County prosecutors threatened him to get him to plead guilty to murder in the 2014 shooting death of Gary Patrolman Jeffrey Westerfield.

Opinions June 1, 2018

June 1, 2018

Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee
53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties’ contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.

DCS launching online background check portal Monday

June 1, 2018

The Indiana Department of Child Services will begin using an online background check program next week, a change the department expects will expedite new employee processing by about two weeks.

Indiana man charged in woman’s killing waives extradition

June 1, 2018

A man charged with killing a Terre Haute woman whose body was found in her submerged SUV in in Vigo County is expected to be returned from Nevada soon to face trial on murder and other charges.

New Albany man gets 65 years for fatally beating friend

June 1, 2018

A judge Thursday sentenced a southern Indiana man to 65 years in prison for fatally beating a friend whom prosecutors said also was tortured.

Opinions June 1, 2018

June 1, 2018

Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee

53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties' contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.
 

 

Attorney fee denial affirmed in investor’s unsuccessful lawsuit

June 1, 2018

An investor in a life sciences company who lost the bulk of her $400,000 investment won’t have to pay nearly twice that amount to lawyers who represented the company that prevailed in part in a countersuit against her.

Ex-Ball State professor gets probation for child porn

June 1, 2018

A former Ball State University math instructor has been has been sentenced to four years of probation on his convictions of child pornography and other charges stemming from his alleged use of a campus computer to access images of nude children.

Protesters voice opposition to immigrant family separation

June 1, 2018

Protesters gathered outside the Indianapolis office of the U.S. Attorney for the Southern District of Indiana on Friday, joining a nationwide day of action in support of immigrants’ rights and against a Trump administration policy that separates children from their asylum-seeking parents at the U.S.-Mexico border.

Faegre taps new leader for Indianapolis office

June 1, 2018

Kathy Osborn, a commercial litigator and trial attorney, has been named the leader of the Indianapolis office for Faegre Baker Daniels LLP. She replaces Murray Clark who now leads the law firm’s government advocacy group.

ACLU-Indiana to hold immigration rally at U.S. Attorney’s Office

June 1, 2018

American Civil Liberties Union of Indiana plans a noon rally Friday in opposition to U.S. Border Patrol and Immigration and Customs Enforcement policies carrying out the Trump administration’s family separation order.

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In This Issue

  • NCAA uses full-court press to protect branded phrases like ‘March Madness’

  • Conversations signal rising awareness of secondary trauma in legal profession

  • Former Jefferson County doctor, Norton Health facing medical negligence suit

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

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

  • Ripley Co. teen sentenced to 100 years for killing 2 siblings

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

  • Marion County judge blocks state’s near-total abortion ban in religious freedom case

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