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Fair Housing suit alleges racial discrimination after foreclosures

February 2, 2018

A national coalition of fair housing advocates has filed a complaint in federal court alleging intentional and discriminatory violations of the Fair Housing Act of 1968 against minority communities across the country, including communities in Indiana.

COA denies parental privilege defense, upholds father’s battery conviction

February 2, 2018

The defense of parental privilege did not apply to a man accused of battering his 14-year-old son because the evidence in the case could support a conclusion that the father’s actions were inspired by anger, the Indiana Court of Appeals ruled in a Friday opinion.

COA reverses grant of specialized driving privileges in Noble County

February 2, 2018

A northern Indiana man whose driving privileges were suspended for life in Noble County must petition the court in that county for specialized driving privileges, the Indiana Court of Appeals has ruled.

German company loses appeal of denial of protective order modification

February 2, 2018

The 7th Circuit Court of Appeals has ruled against a German company seeking to modify a protective order that kept confidential certain discovery documents used in European trade secrets litigation, finding the company failed to show good cause to modify the order.

ADA complaint against IPS will continue

February 2, 2018

A federal lawsuit alleging Indianapolis Public Schools failed to accommodate a former employee’s disability will proceed in the U.S. District Court for the Southern District of Indiana after a judge partially denied IPS’ motion to dismiss.

Dispute over mining regulations comes to standstill

February 2, 2018

A dispute between southwestern Indiana residents and Alcoa Corp. over local mining regulations has come to a standstill.

Victims’ father tries to attack Larry Nassar in courtroom

February 2, 2018

A father of three victims of Larry Nassar tried to attack the disgraced former sports doctor Friday during a court hearing in Michigan.

Opinions Feb. 1, 2018

February 1, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Gerardo Correa-Diaz v. Jefferson B. Sessions, III

16-3198
Petition for Review of a Final Administrative Removal Order of the Department of Homeland Security.
Denies Gerardo Correa-Diaz’s petition for review of the Department of Homeland Security’s final administrative removal order against him after he was convicted of of attempted sexual misconduct with a minor. Finds the Board of Immigration Appeals’ definition of sexual abuse of a minor requires deference under Chevron U.S.A. Inc. v. Nat. Res. Dec. Council, Inc. Also finds Correa-Diaz’s conviction under Indiana Code section 35-42-4-9(a) meets the board’s definition.

Attorneys general urge offshore drilling plan’s cancellation

February 1, 2018

The top lawyers for a dozen coastal states want the U.S. Interior Department to cancel the Trump administration’s plan to expand offshore oil and gas drilling, warning it threatens their maritime economies and natural resources.

Pharmacist in meningitis outbreak gets 8 years in prison

February 1, 2018

A Massachusetts pharmacist convicted for his role in a deadly 2012 meningitis outbreak fought through sobs as he apologized to victims and their families Wednesday, including those in Indiana, before being sentenced to eight years in prison.

Ex-Merrillville councilman pleads guilty to bribery

February 1, 2018

A former northwest Indiana town councilman has pleaded guilty to bribery for his role in an influence-buying scheme for towing contracts. The (Northwest Indiana) Times reported Thomas Goralczyk, 51, entered the plea Wednesday in federal court.

Indiana distributing overdose antidote kits to 34 counties

February 1, 2018

The Indiana State Department of Health says 95 first responder agencies in 34 rural counties will receive opioid overdose antidote kits. The agency announced Wednesday it’s awarding $127,000 in funding to provide nearly 3,400 naloxone kits and training to the first responders.

DCS consultant: Twice as many Hoosier kids out of home

February 1, 2018

A consultant hired by the state said Thursday Indiana has more than double the number of children in out-of-home care compared to the national average. The finding was among the highlights of an initial report commissioned by Gov. Eric Holcomb after the resignation of former Department of Child Services director Mary Beth Bonaventura.

COA reverses judgment for Penske dealer, rules for buyer

February 1, 2018

A Maryland man who sued an Indianapolis auto dealer for fraud successfully overturned the grant of summary judgment in favor of the dealer, with the Indiana Court of Appeals instead ordering summary judgment for the man on Thursday.

7th Circuit denies review of sex offender’s deportation

February 1, 2018

A Mexico native deported from Indiana in early 2017 must remain in his home country after the 7th Circuit Court of Appeals on Wednesday denied his petition for review of his removal.

Messaglia named managing partner at Krieg DeVault

February 1, 2018

Michael Messaglia has been tapped to be the managing partner of Krieg DeVault LLP, where he began his legal career as an associate in 1993. He succeeds Deborah Daniels, who will remain with the firm as a partner. Daniels had served as managing partner since 2015.

Opinions Jan. 31, 2018

January 31, 2018

Indiana Court of Appeals
J.G. v. State of Indiana

49A02-1706-JV-1419
Juvenile. Affirms J.G.’s adjudication as a delinquent for dangerous possession of a firearm, a Class A misdemeanor if committed by an adult. Remands with instructions to vacate the true finding against J.G. of carrying a handgun without a license, a Class A misdemeanor if committed by an adult. Finds J.G.’s detention by police was constitutional and his confession to possessing the handgun was voluntary. Also finds the Marion Superior Court presumably disregarded inadmissible portions of an audio recording. Finally, finds the true finding for carrying a handgun without a license must be vacated on double jeopardy grounds.

Appellate court partially reverses delinquent gun adjudications

January 31, 2018

A teenager adjudicated as a delinquent on two handgun-related charges will have one of those adjudications reversed after the Indiana Court of Appeals determined the true findings violated double jeopardy principles.

Ex-trooper Camm’s $30 million lawsuit dismissed

January 31, 2018

A $30 million lawsuit brought by former Indiana State Police trooper David Camm was dismissed Monday by the U.S. District Court for the Southern District of Indiana in New Albany. Camm was twice convicted, but ultimately found not guilty of the murder of his wife and children in a third trial.

Citing intentional delay, COA tosses med-mal complaint

January 31, 2018

The Indiana Court of Appeals has affirmed the dismissal of a medical malpractice complaint after determining the plaintiff engaged in intentional conduct over six years that delayed the panel’s proceedings.

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In This Issue

  • What’s next for companies after tariff ruling?

  • Attorneys across Indianapolis go toe-to-toe on basketball court

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

Most Read
  • 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

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

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Indy woman to pay $1M in restitution after using boss’ accounts to pay personal expenses

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