IDEM may ditch newspaper ads for online notices
Indiana may stop buying newspaper advertising to announce air pollution permits sought by businesses and industry and rely instead on online notices.
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EPA urged to expand testing around South Bend Superfund site
South Bend residents who live near a former hazardous waste dump want federal officials to expand their planned soil testing around homes in the northern Indiana city.
Court blocks Seattle law letting Uber, Lyft drivers unionize
A federal appeals court has temporarily blocked Seattle’s first-in-the-nation law allowing drivers of ride-hailing companies such as Uber and Lyft to unionize over pay and working conditions.
Man charged in Indiana school threats to remain in custody
A California man charged with making online threats to blow up two suburban Indianapolis high schools will remain jailed while the case proceeds.
Lawyers could be liable for staff misuse of confidential records
Indiana lawyers could face potential ethical liability if their paralegals or other staff misuse confidential information from online case records.
Cohen & Malad files class-action suit over Equifax breach
Indianapolis-based Cohen & Malad LLP has filed a class-action lawsuit against Equifax Inc. just one day after the credit reporting agency announced a massive data breach affecting roughly 143 million Americans.
Title VII split arrives at US Supreme Court
The split in the federal appellate courts caused by the Hively decision from the 7th Circuit Court of Appeals over whether Title VII protections include sexual orientation has landed at the Supreme Court of the United States.
Patent dispute between RV suppliers returns to court
A pair of suppliers to the recreational vehicle industry are headed back to court after the U.S. Court of Appeals for the Federal Circuit revived the infringement claims made after a patented two-part seal was discovered on an RV in an Elkhart County, Indiana, factory.
Delinquent findings against twins affirmed under ‘new-crime’ rule
Two teenage brothers who each attacked police officers trying to conduct pat-down searches were properly found to be delinquent for their acts under the new-crime exception to the exclusionary rule, the Indiana Court of Appeals ruled Friday.
COA remands landlord-tenant dispute due to ‘informal’ proceedings
After concluding an Indiana trial court conducted a small claims landlord-tenant dispute too informally without considering testimony or evidence, the Indiana Court of Appeals has remanded the case for a “proper” evidentiary hearing.
Appellate court vacates battery conviction on double jeopardy grounds
Although a man’s battery of his ex-wife resulted in injury to two different people, the Indiana Court of Appeals has vacated one of the man’s battery convictions on double jeopardy grounds.
Opinions Sept. 8, 2017
Indiana Court of Appeals
Robert Muldowney v. Lincoln Park, LLC and Robert Versprille
29A02-1610-SC-2439
Small claims. Dismisses without prejudice Robert Muldowney’s appeal of the Hamilton Superior Court’s grant of judgment in favor of Lincoln Park LLC and Robert Versprille. Finds the manner in which the trial court acted deprived Lincoln Park and Versprille of the chance to present evidence to meet its burden of proof against Muldowney. Remands for the trial court to conduct an evidentiary hearing on Lincoln Park and Versprille’s complaint and to rule on it accordingly.
Charter School Act challenge cites ‘pervasively sectarian’ sponsor
A group challenging the constitutionality of Indiana’s Charter School Act argued in court filings this week that the sponsor of the school it named in its federal lawsuit “is pervasively sectarian and was allowed to reverse a discretionary decision of state officials.”
Man accused in Indiana school threats indicted on 26 counts
A federal grand jury in Indianapolis has returned a 26-count indictment against a California man charged with making online threats to blow up two suburban Indianapolis high schools.
Indianapolis man charged in officer’s death seeks trial move
An Indianapolis man accused of fatally shooting a police officer who was trying to help him following a car crash wants his trial moved out of Marion County.
Supreme Court: Officers had probable cause to detain man
Grant County law enforcement officials had probable cause to believe a Chicago man was in possession of a narcotic drug when they detained him and transported him to a police station, the Indiana Supreme Court held Thursday in an opinion affirming the man’s felony drug conviction.
IBF offering seminar on civil rights movement
The Indiana Bar Foundation is offering a special program for attorneys to learn about the fight for civil rights in the movement’s birthplace.
COA considers whether ban on sex offenders attending church violates RFRA
Three Boone County men convicted of serious sex offenses are looking to the Indiana Court of Appeals to determine if they can return to their churches as the court considers whether a ruling that the men cannot attend church when children’s programming is in session violates their rights under the Religious Freedom Restoration Act.
Opinions Sept. 7, 2017
Indiana Court of Appeals
Kevin Dowdy v. State of Indiana
49A02-1612-CR-2679
Criminal. Affirms the denial of Kevin Dowdy’s motion to suppress evidence. Finds the totality of the circumstances presented a particularized and objective basis for a traffic stop and that the stop was reasonable and did not violate Dowdy’s rights under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Also finds that officer Cameron Taylor’s asking Dowdy if he “wouldn’t mind giving (him) his identification,” did not violate Dowdy’s rights under the Fourth Amendment.
COA: Officer’s stop of car for expired plate ‘reasonable’
An Indianapolis police officer who initiated a traffic stop that led to the arrest of a passenger in the stopped vehicle did not violate the man’s constitutional rights, the Indiana Court of Appeals ruled Thursday, because the officer reasonably believed the vehicle had an expired license plate and registration.