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Justices preserve public access to Lake Michigan shore

February 14, 2018

You may walk the shore of Lake Michigan, Indiana’s Supreme Court held Wednesday. Justices settled that question in a landmark case, finding that the state’s public trust rights to the Lake Michigan shore extend to the ordinary high-water mark.

COA upholds summary judgment to Tipton Schools

February 14, 2018

A central Indiana school corporation was properly granted summary judgment on a parent’s negligence claims, the Indiana Court of Appeals ruled Wednesday, determining the corporation was immune under the Indiana Tort Claims Act.

7th Circuit to hear arguments over Indiana’s abortion law

February 14, 2018

Indiana’s controversial law that limits a woman’s ability to obtain an abortion will be argued before the 7th Circuit Court of Appeals on Thursday morning. The 2016 law that was barred from taking effect by a federal judge in Indianapolis will be the subject of oral arguments in an appeal brought by the state.

COA upholds adoption without mother’s consent

February 14, 2018

In a case a judge said represents “how substance abuse is savaging the familial bonds within Indiana and around the country,” the Indiana Court of Appeals upheld the adoption of a southern Indiana child without the mother’s consent after finding the mother’s substance abuse made her unfit.

Appellate court orders dismissal of widow’s tort claims

February 14, 2018

A widow who sued her husband’s employer for various breach and fraud allegations will not be able to continue her case after the Indiana Court of Appeals instructed the trial court to dismiss her claims on remand for failure to comply with the Indiana Tort Claims Act.

Bassoonist settles age-discrimination lawsuit against symphony

February 14, 2018

The federal age-discrimination lawsuit filed by a longtime bassoonist against the Indianapolis Symphony Orchestra has been settled.

Indiana Senate GOP leader retiring from Legislature

February 13, 2018

The Republican leader of the Indiana Senate said Tuesday that he will step down from the Legislature later this year, making him the third high-profile GOP lawmaker to announce their departure from the chamber over the last year.

Opinions Feb. 13, 2018

February 13, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
David Thorne v. Member Select Insurance Company

17-1377
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John. E. Martin.
Civil. Affirms the denial of Member Select Insurance Company’s motion for judgment as a matter of law. Finds there was sufficient evidence to prove David Thorne was a resident of the house for purposes of his insurance policy. Also finds there was sufficient evidence for the jury to determine damages, and the district court did not misinterpret the policy’s loss coverage provision in evaluating whether the evidence was sufficient to support the jury’s damages award.

COA upholds classification of ‘high-hazard dam’

February 13, 2018

A Grant County couple must inspect and repair their self-constructed dam after the Indiana Court of Appeals upheld a Department of Natural Resources classification of the dam as “high-hazard.”

Judge ends ‘Tiger Baby Playtime’, halts cub declawing

February 13, 2018

A federal judge Monday shut down a southern Indiana attraction’s public encounters with tiger cubs. The judge also halted the declawing of tiger cubs and separating them from their mothers so they could be used in “Tiger Baby Playtime” events where people pay to mingle with declawed big cat cubs.

COA upholds Kentucky man’s conviction for killing Indiana teen

February 13, 2018

A Kentucky man convicted in the shooting death of an Indiana teen lost his appeal of his murder conviction after the Indiana Court of Appeals found sufficient, properly obtained evidence to support his conviction.

Conviction upheld against man who disrupted prosecutor’s office

February 13, 2018

A man who was convicted of trespassing after he refused to leave the Clay County Prosecutor’s Office until his traffic tickets were dismissed lost an appeal Tuesday.

Supreme Court upholds DOC’s lethal injection protocols

February 13, 2018

The Indiana Department of Correction can alter its lethal injection protocols without going through a rule-making process because such protocols are internal procedures without the effect of law, the Indiana Supreme Court ruled in a decision affirming the dismissal of a death row inmate’s challenge to Indiana’s lethal injection cocktail.

Senate panel advances bill to narrowly define out-of-state felonies

February 13, 2018

A bill that would more narrowly define how out-of-state felonies are treated in Indiana sentencing matters passed its first hurdle in the Indiana Senate.

Hill files complaint after body found in bug-infested retirement home

February 13, 2018

The discovery last year of the cockroach-covered body of an Indianapolis retirement home resident was the impetus for an administrative complaint against the health facility administrator by Indiana Attorney General Curtis Hill.

7th Circuit upholds $87,000 verdict against insurer after house fire

February 13, 2018

An insurance company must pay $87,000 in damages to an Indiana homeowner whose house burned to the ground after the 7th Circuit Court of Appeals determined there was sufficient evidence to support the jury’s damages award. 

Sex offender statute to come before Supreme Court

February 13, 2018

A sex offender convicted in 2010 must make his case to the Indiana Supreme Court as to why a 2015 law should not bar him from attending his son’s school events after the high court granted the state’s petition to transfer the case last week.

Former ND law clinic employee pleads guilty to 11 felonies

February 13, 2018

The former employee of the University of Notre Dame who was charged with taking nearly $200,000 from the law school’s Clinical Law Center will plead guilty plea and faces up to five years in prison.

Opinions Feb. 12, 2018

February 12, 2018

7th Circuit Court of Appeals
Vexol, S.A. de C.V. and Sergio Torreblanca Lopez v. Berry Plastics Corporation

17-2164
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Tanya Walton Pratt.
Civil. Affirms the district court’s dismissal of Vexol, S.A. de C.V. and Sergio Torreblanca Lopez’s business tort claims under Mexican law. Denies Berry Plastics Corporation’s motion for sanctions against Vexol. Finds Vexol failed to allege any wrongdoing in Mexico by Berry. Also finds the district court did not err in denying Vexol’s motion to file a third amended complaint. Finally, finds Berry failed to file a separate motion for sanctions, as is required under Federal Rule of Appellate Procedure 38.

Trump makes two nominations to 7th Circuit bench

February 12, 2018

President Donald Trump has nominated two Illinois legal professionals with experience in government litigation for judgeships on the 7th Circuit Court of Appeals.

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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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