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Opinions May 22, 2018

May 22, 2018

Indiana Court of Appeals
Lakesha L. Norington (aka) Shawntrell H. Norington v. State of Indiana (mem. dec.)

49A05-1707-PC-1966
Post-conviction. Affirms the denial of Lakesha Norington’s petition for post-conviction relief. Finds Norington did not follow the procedure for filing a successive petition.

IU McKinney professor to testify before Senate on opioid crisis

May 22, 2018

An Indiana University Robert H. McKinney School of Law professor is headed to Washington, D.C., to testify before the U.S. Senate about his work combatting the ongoing opioid crisis. Democratic Sen. Joe Donnelly announced Tuesday that IU McKinney professor Nicolas P. Terry will testify before the U.S. Senate Special Committee on Aging.

Indianapolis official announces halt to merit board changes

May 22, 2018

The Indianapolis City-County Council president has halted plans to revamp the city’s civilian police merit board in the wake of its recent vote clearing two officers of wrongdoing in the fatal shooting of an unarmed black motorist.

Ex-Notre Dame coach Holtz settles Daily Beast defamation suit

May 22, 2018

Attorneys for Lou Holtz say the former Notre Dame football coach and the news website The Daily Beast have settled a defamation lawsuit filed by the ex-ESPN analyst and college football Hall of Famer.

Supreme Court to hear argument in Henry County land dispute

May 22, 2018

The Indiana Supreme Court will hear argument this week over whether a Henry County redevelopment company can keep land it purchased at a tax sale, despite the county auditor’s claim that a mistaken transfer of the properties invalidated the tax sale.

Ex-sheriff’s official pleads guilty to lying to FBI

May 22, 2018

A former Lake County Sheriff’s Department official has pleaded guilty to lying to the FBI during a public corruption investigation that led to the conviction of former Sheriff John Buncich.

Indiana residents urged to comment on US Steel settlement

May 22, 2018

Environmental groups are urging northwest Indiana residents to comment on a proposed federal settlement over a U.S. Steel plant’s discharging of a hazardous chemical that entered a Lake Michigan tributary in Portage.

Justices agree to hear firearms, driving privileges cases

May 22, 2018

The Indiana Supreme Court will soon grapple with legal issues relating to possession of firearms and specialized driving privileges after granting transfer to three cases last week. Justices also denied 51 transfer petitions last week.

Three business owners, former bank employee charged in $8M fraud schemes

May 22, 2018

Five central Indiana residents — including the owners of three local companies — have been charged along with a Detroit man with embezzling more than $8 million from a bank and an insurance company, in part to pay for a home, a wedding, cars and more.

Opinions May 21, 2018

May 21, 2018

The following opinions were posted after IL deadline on Friday:
7th Circuit Court of Appeals
Carleton Harris v. Allen County Board of Commissioners

17-2577
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the grant of summary judgment in favor of the Allen County Board of Commissioners on Carleton Harris’ complaint for alleged violations of the Americans with Disabilities Act. Finds Harris failed to present adequate evidence to show the board was his employer for the purpose of the complaint.

Valpo Law School graduates small class, nods to unknown future

May 21, 2018

With Valparaiso University Law School facing an uncertain future, law professor Jeremy Telman used his remarks during Saturday’s graduation ceremony to underscore the institution’s 138-year impact on the legal profession as well as hint at the void that would be created if the law school ceases to exist.

Man who abandoned family ordered to pay $2M in support

May 21, 2018

A former Indiana man who was considered dead after abandoning his family nearly 25 years ago and fleeing to Florida has been ordered to pay his ex-wife nearly $2 million in back child support.

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.

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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

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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

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