Former IU McKinney dean dies at 70
Indiana University Robert H. McKinney School of Law alumna and former dean and professor Susanah M. Mead has died, the school announced Thursday.
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Opinions Jan. 4, 2018
Indiana Court of Appeals
John Pelliccia, M.D. v. Anthem Insurance Companies, Inc.
49A02-1705-PL-1080
Civil plenary. Reverses the grant of summary judgment in favor of Anthem Insurance Companies, Inc. Finds the language of Anthem’s policy clearly provides the effective date of the termination of Dr. John Pelliccia’s health insurance coverage for nonpayment of one premium was Jan. 3, 2015. Also finds Anthem was required to abide by its policy with respect to covered medical expenses Pelliccia incurred before Jan. 3, 2015. Finally, finds Pelliccia’s bad faith claim against Anthem remains pending. Remands for Pelliccia’s motion for partial summary judgment to be granted.
Judge orders IBM to post $25M bond in Indiana welfare case
IBM Corp. must post a $25 million bond as it appeals a $78 million judgment in a long-running case that stems from the company’s failed effort to automate much of Indiana’s welfare services.
Bankruptcy court amendment protects against misuse of filing fee
The U.S. Bankruptcy Court for the Southern District of Indiana has amended language governing the payment of filing fees to the court, a change prompted by recent concerns about attorneys using clients’ filing fee payments for other purposes.
Indiana GOP lawmakers won’t act on child services crisis
The two most powerful Republicans in the Indiana Legislature said they do not plan to take major action to address a growing crisis in the Department of Child Services during this year’s session, which kicked off Wednesday.
Ruling: Lids store managers may proceed with pay class-action
Indianapolis-based Lids store managers who claim they were denied overtime pay in violation of the Fair Labor Standards Act cleared the first hurdle Tuesday in a proposed class-action lawsuit.
Parole rejected for man convicted in killing, dismemberment
The Indiana Parole Board has rejected parole for an Indiana man who was convicted in a woman’s 1986 killing and dismemberment.
No. 2 Indiana House Democrat won’t seek re-election
Another top-ranking Democrat in the Indiana Legislature has decided to not seek re-election after this year's session.
Appeals court reverses ruling for Anthem in claim denial
Indianapolis-based Anthem Insurance has lost a ruling in its favor after the Indiana Court of Appeals reversed Thursday and determined the insurer should have covered a doctor’s medical expenses incurred during his grace period for late premium payments.
2018 State of the Judiciary set for next week
Indiana Supreme Court Chief Justice Loretta Rush will discuss the judiciary’s continued efforts toward expanding court technology, addressing the opioid crisis and other related topics during her 2018 State of the Judiciary address next week.
Bill seeks tax credits for boosting minimum-wage worker pay
An Indiana Senate Republican wants to reward businesses with tax credits when they raise pay for their minimum-wage workers.
Opinions Jan. 3, 2018
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
E.F. Transit, Inc. v. David Cook, et al.
16-3641
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Reverses the dismissal of E.F. Transit’s declaratory and injunctive action that argued enforcement of Indiana’s prohibited-interest statutes is preempted by federal law. Finds the Indiana Supreme Court’s ruling in Indiana Alcohol and Tobacco Commission v. Spirted Sales, LLC, removes any ripeness barrier to the federal lawsuit. Remands for further proceedings.
Indiana lawmakers return for possibly contentious session
Legislators returned to the Indiana Statehouse on Wednesday to begin this year’s General Assembly session, which will be the first in recent memory in which the Republican supermajorities do not have an overarching objective they hope to achieve.
Indiana lawmaker offers revamped baby boxes bill
An Indiana legislator is proposing legislation that would permit expanded use of baby boxes in which a mother could anonymously give up her newborn.
Law firm mergers ‘white hot’ in 2017, hit record of 102
After a bit of a slowdown in 2016, the pace of mergers and acquisitions among U.S. law firms accelerated again in 2017 to a record 102, according to Altman Weil MergerLine.
COA reverses termination of parent-child relationship
The Allen Superior Court must revisit a parental rights termination proceeding after the Indiana Court of Appeals determined insufficient evidence and prior appellate precedent failed to support the court’s termination of a father’s parental relationship with his son.
Hamilton to lead 7th Circuit review of harassment policies
Judge David Hamilton of the 7th Circuit Court of Appeals has been appointed to chair a committee to review policies for reporting and handling harassment within the federal jurisdiction.
Courts enter final year of e-filing rollout
The Benton Circuit Court implemented mandatory electronic case filing on Tuesday, the first court to move to a mandatory system in 2018 as the state continues its push to introduce e-filing to all Indiana counties by the end of the year.
7th Circuit reinstates Monarch-linked liquor distribution suit
The legal battle over an Indiana law that prohibits companies from holding permits for both beer and liquor wholesaling will continue after the 7th Circuit Court of Appeals reversed the dismissal of a federal case that challenges the enforcement of Indiana’s prohibited-interest statute.
Opinions Jan. 2, 2018
The following Indiana Tax Court opinion was posted after IL deadline Friday.
Nick Popovich v. Indiana Department of State Revenue
49T10-1010-TA-53
Tax. Affirms the Department of Revenue’s 2004 proposed assessment of income taxes for Nick Popovich, finding he failed to prove that he gambled with continuity and regularity and with the intent to make a profit.