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Opinions March 8, 2018

Indiana Court of Appeals

Arkla Industries, Inc., et al. v. Columbia Street Partners, Inc. and Columbia Street Partners Remediation Trust
87A01-1709-CC-2140
Civil collection. Reverses the denial of CenterPoint Energy, Inc.’s motion to transfer the case to a preferred venue pursuant to Indiana Trial Rules 12 and 75. Finds the Warrick Circuit Court’s order denying CenterPoint’s motion was clearly erroneous because CenterPoint made a proper motion raising the defense of improper venue. Remands for the trial court to grant the motion and transfer the case to a preferred venue.

Indiana Legislature approves bill toughening abortion rules

The Indiana Legislature on Wednesday sent a bill to Gov. Eric Holcomb’s desk that would require medical providers who treat women for complications arising from abortions to report detailed patient information to the state.

Opinions March 7, 2018

7th Circuit Court of Appeals
Akeem Daniels, Cameron Stingily, and Nicholas Stoner v. FanDuel, Inc., and DraftKings, Inc.
17-3051
Appeal from the United State District Court for the Southern District of Indianapolis, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Certifies the case to the Indiana Supreme Court pursuant to Indiana Rule of Appellate Procedure 64. Finds there is a dearth of state caselaw regarding right-to-publicity cases involving athletes.

7th Circuit asks Indiana justices’ guidance in fantasy sports suit

A federal right-to-publicity lawsuit brought against online fantasy sports sites by three former college football players — including a former Indiana University player — may hinge on a question certified to the Indiana Supreme Court by the 7th Circuit Court of Appeals on Wednesday.

Summary judgment for Steak ‘n Shake in patron’s shooting reversed

In a case watched closely by both the plaintiffs and defense bar, the Indiana Court of Appeals reversed summary judgment for Steak ‘n Shake after determining the chain owed a duty to a customer at an Indianapolis restaurant who was shot in the face during an escalating conflict with another patron.

Hill joins AGs supporting child pornography victims law

Curtis Hill — along with 54 other state and territorial attorneys general — has co-signed a letter calling on Congress to approve the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2017.

ACLU of Indiana sues county over ‘not my mayor’ sign

The American Civil Liberties Union of Indiana has filed a lawsuit against Randolph County after a Winchester resident was ordered to remove a sign from her yard expressing opposition of an elected official in her city.

COA remands subrogation claim for fire damages

The Boone Superior Court must reconsider a subrogation claim arising from a fire on leased property after the Indiana Court of Appeals remanded the case for further examination of whether the property owners’ insurer has the right to seek damages from the tenants who caused the fire.

Court of Appeals traveling to Lafayette for oral argument

The Indiana Court of Appeals is headed north this week to hear an oral argument in Tippecanoe County. The appellate panel will hear the case at 10:30 a.m. Thursday in Room 1333 of Ivy Hall, 3101 S. Creasy Lane, Lafayette.

Valparaiso law dean Andrea Lyon announces resignation

Valparaiso Law School dean Andrea Lyon is resigning effective June 1, 2018, but will be remaining on the faculty as a research professor at the institution that last year acknowledged its future operations are uncertain.

Lawyer: Porn star sues to clarify record on Trump affair

A porn star who has said she had sex with Donald Trump filed a lawsuit seeking to invalidate a nondisclosure agreement and “set the record straight,” her lawyer said Wednesday. Adult film actress Stormy Daniels, whose real name is Stephanie Clifford, filed a lawsuit in Los Angeles County Superior Court on Tuesday.