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Opinions Nov. 1, 2017

Indiana Court of Appeals
Raymond Brown, on behalf of Himself and All Others Similarly Situated v. Bucher and Christian Consulting, Inc., d/b/a BCforward
49A04-1611-PL-2564
Civil plenary. Affirms the Marion Superior Court’s order granting partial summary judgment on the pleadings filed by Bucher and Christian Counseling, Inc., d/b/a BCforward on Raymond Brown’s claims under the wage payment statute. Finds the trial court did not err as a matter of law when it found Brown was not entitled to seek damages for salary-based wages or commission-based payments under the wage payment statute.

2 Indianapolis officers won’t be charged in fatal shooting

Two Indianapolis police officers who fatally shot an unarmed black motorist after he fled a traffic stop won't face criminal charges in the killing, in part because the officers told investigators they believed he was reaching for a gun, a special prosecutor announced Tuesday. Indianapolis Police Chief Bryan Roach scheduled a news conference for Wednesday to discuss the prosecutor's decision.

Former Trump adviser’s guilty plea could rattle White House

President Donald Trump dismissed George Papadopoulos as a "liar" and a mere campaign volunteer, but newly unsealed court papers outline the former advisor's frequent contacts with senior officials and with foreign nationals who promised access to the highest levels of the Russian government.

Lawsuit targets Trump’s rollback of birth-control rule

Two national advocacy groups filed a federal lawsuit in Indiana on Tuesday challenging a rule change by President Donald Trump's administration allowing more employers to opt out of no-cost birth control for workers.

COA grants summary judgment to contractors protected by subrogation waiver

An insurance company cannot seek reimbursement from two contractors on a claim it paid on behalf of its insured because the insured’s contract with the contractors contained a subrogation waiver that bars the insurer’s negligence claim, the Indiana Court of Appeals ruled Tuesday.

Opinions Oct. 31, 2017

The following Indiana Court of Appeals opinion was posted after IL deadline Friday:
Indiana Department of Workforce Development v. Kristofer Hugunin
64A05-1703-CC-583
Civil collection. Reverses the denial of the Indiana Department of Workforce Development’s motion for summary judgment in its action against Kristopher Hugunin. Finds the department is entitled to judgment as a matter of law. Remands with instructions for the Porter Superior Court to grant the summary judgment motion.

Justices: Employer’s admission limits theories of recovery

Indiana precedent does not allow both a respondeat superior and negligent hiring claim against an employer to proceed if the employer has admitted their employee was acting within the course and scope of their employment when the negligence occurred, the Indiana Supreme Court ruled in an opinion that upheld partial summary judgment for Pizza Hut.

COA upholds prohibition on TV broadcast of court audio

The Indiana Court of Appeals has upheld a trial court ruling that prohibited a Fort Wayne TV station from broadcasting audio from a sentencing hearing it obtained through a public records request, finding the trial court’s ruling complied with both local rules and the First Amendment.

Carmel annexation upheld in long-running dispute

Carmel’s annexation of territory in southern Hamilton County that some landowners have been fighting for more than a dozen years was upheld Tuesday by the Indiana Court of Appeals, which previously reversed the trial court’s approval of the annexation.

Workforce Development entitled to summary judgment on claim against penalties

The Indiana Department of Workforce Development complied with the relevant statutes when issuing a letter informing a citizen of a determination against the agency and, thus, was entitled to summary judgment on the citizen’s claims against the penalties outlined in the letter, the Indiana Court of Appeals has ruled.

IndyBar: Frontlines

Each year, various committees and groups undertake the many initiatives and projects of the Indianapolis Bar Association. We are now recruiting committee members for groups in need of additional volunteers.

IndyBar: Attorneys Needed for Naturalization Ceremonies

Twice a month, a ceremony at the U.S. Courthouse welcomes newly naturalized American citizens. It’s an awe-inspiring ceremony–and you can be a part of it. Indianapolis Bar Association attorney members participate in the naturalization ceremonies by handing out a booklet containing the U.S. and Indiana constitutions and presenting brief remarks.