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Opinions July 3, 2024

Indiana Court of Appeals
James A. Abbott v. Daniel Wegert and Adela Wegert
23A-EV-3004
Eviction. Reverses the Miami Superior Court’s small claims eviction order in favor of Daniel and Adela Wegert against James Abbott. Finds the parties’ dispute falls outside the jurisdiction granted to small claims courts under Indiana Code section 33-29-2-4(b). Also finds the small claims court’s order of eviction is void. Remands with instructions to transfer the case to the superior court’s plenary docket.

Indiana Court Decisions: May 30-June 12

Morgan Morales v. Martin J. O’Malley, Commissioner of Social Security

23-2796

Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Kellie Barr. Affirms an administrative law judge’s determination that Morgan Morales is not disabled and therefore not entitled to Social Security disability benefits. Finds there was abundant evidence that supports that decision. Also finds the magistrate judge’s analysis addressed Morales’s primary challenges to the ALJ’s decision with clarity and efficiency.

New Indiana porn site law faces legal challenge

| Alexa Shrake

The porn industry, which has battled age verification laws in several states, won a preliminary injunction Friday against a new Indiana statute that would require certain porn websites to prevent Hoosiers under 18 from accessing adult material.

Bradley R. Sugarman & Michael Chambers: New EPA regulations require robust PFAS reporting

| Bradley R. Sugarman and Michael Chambers

Under the Biden Administration, the United States Environmental Protection Agency (EPA) has finalized numerous significant administrative rules and has signaled significant policy shifts important to virtually every sector of the economy. According to the “Unified Agenda of Regulatory and Deregulatory Actions” maintained by the Office of Management and Budget, EPA had 116 regulatory actions in […]

Report: Women now comprise majority of law associates

| Daniel Carson

The National Association for Law Placement released its annual Report on Diversity in U.S. Law Firms in January, with the report showing women now constitute the majority of all law associates for the first time since NALP began gathering data in the early 1990s.

IndyBar: Interested in Joining the Board of Directors? Let Us Know!

Submissions of interest are now being taken for the 2025 Board of Directors of the Indianapolis Bar Association. A variety of opportunities to lead are available with varying responsibilities and time commitments among the roles. The following vacancies exist for the coming year and must be filled by an attorney member:

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Ryan M. Heeb: Focusing on our health will make us better lawyers, too

| Ryan M. Heeb

Most, if not all, of our professional lives as lawyers are devoted to serving others. Add on top of that the myriad other obligations we all have (family, social, philanthropic, etc.) and we quickly run out of hours in the day to accomplish all we need and want to do. While the consequences of this […]

Opinions July 2, 2024

Indiana Court of Appeals
Micah Henson v. State of Indiana
23A-CR-2550
Criminal. Affirms Micah Henson’s convictions in Morgan Superior Court for two counts of Level 4 felony child molesting. Finds Henson’s convictions for two separate acts of child molesting do not constitute double jeopardy and he is not being punished twice for the same offense.

Supreme Court rules for truck stop in new blow to federal regulations

| Associated Press

The Supreme Court opened the door Monday to new, broad challenges to regulations long after they take effect, the third blow in a week to federal agencies. The justices ruled 6-3 in favor of a truck stop in North Dakota that wants to sue over a regulation on debit card swipe fees that the federal appeals court in Washington upheld 10 years ago.