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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.

Lawsuit alleges mentally ill woman received forced injections while detained by Marion County authorities

June 12, 2024 | Alexa Shrake

The Center for At-Risk Elders Inc. has filed a federal lawsuit on behalf of a mentally ill Indianapolis woman, alleging her constitutional rights were violated when she was forcibly injected with drugs while detained by Marion County authorities.

 

White House isn’t ruling out a potential commutation for Hunter Biden after his conviction

June 12, 2024 | Associated Press

President Joe Biden definitively ruled out pardoning his son during an ABC News interview last week.

Elon Musk drops lawsuit against ChatGPT-maker OpenAI without explanation

June 12, 2024 | Associated Press

Musk in February sued the San Francisco artificial intelligence company and its CEO Sam Altman over what he said was a betrayal of the ChatGPT maker’s founding aims of benefiting humanity rather than pursuing profits.

House moves to hold Attorney General Merrick Garland in contempt for withholding Biden audio

June 12, 2024 | Associated Press

The contempt action represents House Republicans’ latest and strongest rebuke of the Justice Department and of Garland’s leadership, playing out against the backdrop of an extraordinary conflict over the rule of law that has animated the 2024 presidential campaign.

Missouri executes former Indiana man convicted of killing ex-lover and her husband

June 12, 2024 | Associated Press

David Hosier, 69, was pronounced dead at 6:11 p.m. following a single-dose injection of the sedative pentobarbital at the state prison in Bonne Terre. Hosier was convicted of the 2009 killings of Angela and Rodney Gilpin in the state capital of Jefferson City.

U.S. consumer agency proposes to ban medical debt from credit reports, loan decisions

June 12, 2024 | The Washington Post

The rules would ban credit reporting agencies from incorporating medical debt when calculating credit scores. They would also bar lenders from using medical debt to determine loan eligibility.

Purdue takes next step to develop $187M mixed-use project for new downtown Indy campus

June 11, 2024 | Mickey Shuey, Indianapolis Business Journal

Purdue officials say the Academic Success Building “will evolve with the needs of experiential education, accommodate courses that would not otherwise be offered with existing space, and provide on-campus housing.”

Federal watchdog investigating UAW president Shawn Fain, who rose from union leadership in Kokomo

June 11, 2024 | Associated Press

Fain, a Kokomo native, is under investigation by a court-appointed watchdog who has been working to stamp out corruption at the union in the wake of its stunning bribery and embezzlement scandal several years ago.

Justice Alito questions possibility of political compromise in secret recording

June 11, 2024 | Associated Press

The conservative justice is also heard agreeing with a woman who says the United States should return “to a place of godliness.”

Opinions June 11, 2024

June 11, 2024

Indiana Court of Appeals
William R. Mishler v. Union-North United School Corporation
23A-MI-1019
Miscellaneous. Affirms the St. Joseph Circuit Court’s resolution of summary judgment for the Union-North United School Corporation on the grounds that the school district complied with the state’s Access to Public Records Act. Reverses on the grounds that William Mishler did not comply with the Claims Against Public School Act notice requirement. Remands with instructions to dismiss the action without prejudice under Indiana Code section 34-13-3.5-7.

Porn sites file lawsuit to challenge new Indiana law requiring age verification

June 11, 2024 | Alexa Shrake

The Free Speech Coalition, which represents the adult entertainment industry, joined porn website operators in filing the lawsuit in U.S. District Court in Indianapolis.

 

The Free Speech Coalition joined porn website operators based in Florida, Cyprus, Czechia and Romania in filing a lawsuit in U.S. District Court in Indianapolis.

Hunter Biden convicted of all 3 felonies in federal gun trial

June 11, 2024 | Associated Press

The son of President Joe Biden was found guilty of lying to a federally licensed gun dealer, making a false claim on the application by saying he was not a drug user and illegally having the gun for 11 days.

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In This Issue

  • More executions? Some doubts rise amid concerns about the high cost of lethal-injection drugs

  • More than 14,000 Hoosiers on electronic monitoring, data shows

  • Nominees Wheeler, Mildred ready to serve as U.S. Attorneys in Indiana

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

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • Trump selects Wheeler, Mildred as U.S. Attorney nominees in Indiana, Banks says

  • Lawmaker seeks help for mobile home tenants barred from using window A/C units

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