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Opinions June 14, 2024

June 14, 2024

Gerald A. Sanders v. AHEPA 78 VI Apartments, Inc.
23A-EV-1502
Eviction. Affirms the Lake Superior Court’s order of eviction against Gerald Sanders. Finds the trial court did not err by entering a judgment of eviction. Also finds Sanders failed to show that he is disabled and thereby protected under the FHAA and/or Rehabilitation Act, and the persistent urine odor emanating from his apartment and infiltrating the common areas of the building constituted a material noncompliance with the terms of the lease agreement.

U.S. Senate Judiciary passes bipartisan JUDGES Act co-authored by Young

June 14, 2024 | Maura Johnson

The JUDGES Act would increase the number of federal district judges in the most overburdened areas of the country, including the Southern District of Indiana.

IBJ Media names Jim Meyer editor of the Indiana Lawyer

June 14, 2024 | Dave Lindquist, Indianapolis Business Journal

Jim Meyer, news editor of The Herald-Bulletin in Anderson, served in the U.S. Army for eight years before earning his journalism degree.

Division

A multi-award-winning publication, Indiana Lawyer publishes online news and key court decisions daily, produces a print edition and podcast every other week and hosts events, including the annual Leadership in Law awards. Indiana Lawyer is a division of IBJ Media and IBJ Corporation as of January 31, 1991.

Carmel financial firm, CEO face another investor lawsuit

June 14, 2024 | Susan Orr, Indianapolis Business Journal

A Mooresville investor is alleging that Carmel-based retirement planning firm ReJoyce Financial LLC and CEO Alexander Joyce misappropriated more than $200,000 that she had deposited with the firm to invest on her behalf.

IU Health to eliminate noncompete clauses for primary-care docs

June 14, 2024 | John Russell, Indianapolis Business Journal

Indiana University Health said Thursday it will eliminate noncompete clauses for primary-care physicians, effective Dec. 15.

Noncompete agreement

Indy auto dealer sentenced to 3 years in $5.6M international fraud scheme

June 14, 2024 | IL and IBJ Staff

An Indianapolis car dealer was sentenced Thursday to three years in prison for his role in an international advance-fee scheme orchestrated from Nigeria that defrauded victims worldwide of more than $5.6 million, the U.S. Department of Justice announced.

President Biden says he won’t offer commutation to his son Hunter after gun sentence

June 14, 2024 | Associated Press

President Joe Biden said Thursday that he will not use his presidential powers to lessen the eventual sentence that his son Hunter will receive for his federal felony conviction on gun crimes.

Takeaways from Supreme Court ruling: Abortion pill still available but opponents say fight not over

June 14, 2024 | Associated Press

The Supreme Court unanimously upheld access to a drug used in the majority of U.S. abortions on Thursday, though abortion opponents say the ruling won’t be the last word in the fight over mifepristone.

7th Circuit affirms dismissal of copyright claims by family of famed evangelist Sumrall

June 13, 2024 | Daniel Carson

Family members of a famous 20th century Pentecostal pastor and evangelist did not have valid ownership claims for copyrights to some of the pastor’s photos, books and films, the 7th Circuit Court of Appeals ruled in affirming a district court decision.

Panel recommends retention of 10 Marion County judges

June 13, 2024 | IL Staff

All 10 judges, as well as eight other incumbent judges previously deemed qualified, will appear on the November ballot for a retention vote.

ACLU lawsuit accuses Loogootee of blocking LGBTQ+ pride festival

June 13, 2024 | Alexa Shrake

The lawsuit alleges the southwestern Indiana city initially approved a permit for PrideFest 2024 to take place on Sept. 4 but has since changed the application process for using city property and rescinded its approval.

Opinions June 13, 2024

June 13, 2024

7th Circuit Court of Appeals
Lester Sumrall and Lester Sumrall Family Trust v. Lesea, Inc., et. al.
23-2833
Civil. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip Simon. Affirms the district court’s granting of LeSEA, Inc.’s motions for summary judgment and motion to dismiss copyright counterclaims brought by Lester Sumrall and the Lester Sumrall Family Trust. Finds the trust’s claim for Dr. Lester Frank Sumrall’s (Lester Sumrall’s grandfather) works is untimely, while Lester Sumrall’s Traveler Photo claim fails because LeSEA owns the photo’s copyright. Also finds the district court correctly dismissed the trust’s claim for use of Dr. Sumrall’s right of publicity for failing to plead the required half-ownership.

Merger, additional attorneys boost Stoll Keenon Ogden’s Indianapolis presence

June 13, 2024 | Daniel Carson

With the merger, SKO increased its presence in Indianapolis from seven lawyers to 45 and, in combination with its substantial and growing number of lawyers in Evansville (20), now has a total of 65 Indiana-based lawyers and 118 Kentucky-based lawyers. 

 

Indiana Department of Health denied first-choice attorneys by AG in abortion records lawsuit

June 13, 2024

Amid an ongoing legal battle over abortion-related records, the Indiana Department of Health has clarified its legal representation in the case. At issue is a lawsuit filed last month by anti-abortion group “Voices for Life,” which seeks to regain access to Terminated Pregnancy Reports (TPRs) that are no longer being released by the state health department. Court records […]

State senator’s letter critical of hospital association casts shadow on 2025 health care discussions

June 13, 2024 | Indiana Capital Chronicle

Sen. Chris Garten, a Republican from Charlestown, wrote that some legislators had described the Indiana Hospital Association as “arrogant” and “disingenuous.”

 

Indiana Department of Health denied first-choice attorneys by AG in abortion records lawsuit

June 13, 2024 | Indiana Capital Chronicle

Indiana law specifically stipulates that no state agency can hire an attorney to represent it and the state without written consent from the attorney general.

President Joe Biden faces first lawsuit over new asylum crackdown at the border

June 13, 2024 | Associated Press

The lawsuit — filed by the American Civil Liberties Union and others on behalf of Las Americas Immigrant Advocacy Center and the Refugee and Immigrant Center for Education and Legal Services, or RAICES — is the first test of the legality of Biden’s sweeping crackdown on the border.

Biden campaign calls on GOP to drop lawsuits over mail ballots, citing Trump’s new fondness for it

June 13, 2024 | Associated Press

Trump for years falsely claimed voting by mail was riddled with fraud, but his 2024 campaign began a program this month to encourage mail voting if convenient for people. It is part of Republicans’ attempt to increase mail voting among their supporters.

Trump is returning to Capitol Hill to meet with lawmakers, a first since Jan. 6 attack

June 13, 2024 | Associated Press

Despite the federal charges against Trump for conspiring to overturn the 2020 election, and his recent guilty verdict in an unrelated hush money trial, the Republican former president arrives Thursday emboldened as the party’s presumptive nominee.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

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