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Opinions July 26, 2017

7th Circuit Court of Appeals
Aaron Carson, et al., and Ronald Paulsin v. Lake County, Indiana
16-3665
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Affirms the district court’s grant of summary judgment to Lake County, Indiana, on the plaintiffs’ federal age discrimination claim. Finds there is no evidence the county engaged in unlawful age discrimination. Also finds the plaintiffs’ equal protection claim fails because the undisputed facts show the county’s action was rationally related to a legitimate state interest: preserving supplement insurance coverage for its retirees while avoiding further financial hardship.

COA rules against mother who used religious exemption to not vaccinate child

An Indiana trial court abused its discretion in denying a father’s petitions to modify custody of his child and to hold the child’s mother in contempt of a paternity decree, the Indiana Court of Appeals ruled, finding the mother intentionally circumvented the terms of the decree that required her to vaccinate their child once the girl went to school.

Federal inmates sentenced to mandatory minimums dips

The push beginning in 2010 by Congress and the U.S. Department of Justice to reform sentencing is being linked to a downturn in the number of federal inmates convicted of a crime that carries a mandatory minimum penalty.

COA affirms admission of 911 recording into evidence

The Indiana Court of Appeals affirmed Tuesday a woman’s conviction of misdemeanor criminal recklessness for firing a gun during an argument after the court determined the admission of a 911 call recorded during the incident was not an abuse of discretion.

COA affirms tax sale despite auditor’s noncompliance

An Indiana redevelopment company can move forward with its purchase of two Henry County properties at tax sale after the Indiana Court of Appeals determined the county auditor’s failure to comply with state statute did not invalidate the tax sale process.

Opinions July 25, 2017

Indiana Court of Appeals
Lamasco Redevelopment, LLC v. Henry County, Indiana, Auditor and Henry County, Indiana, Treasurer
33A01-1702-MI-398
Miscellaneous. Reverses the Henry Circuit Court’s order granting the Henry County Auditor and Henry County Treasurer’s request to invalidate Lamasco Redevelopment, LLC’s purchase of two properties at a 2015 tax sale and vacating the court’s order directing that tax deeds be issued to Lamasco for those properties. Finds the auditor’s failure to comply with Indiana Code section 32-21-8-7 did not provide a basis for the trial court to invalidate the tax sale and vacate its orders directing the issuance of tax deeds. Remands with instructions to vacate the order and reinstate the orders to the Auditor to issue tax deeds for both parcels of land to Lamasco.

Ruling: RV supplier must face patent-infringement suit

A northern Indiana judge ruled that a recreational vehicle supplier’s patent-infringement suit against a competitor will move forward, in part because former employees of the plaintiff company are alleged to have encouraged infringement.

Judge indefinitely halts deportation of 1,400-plus Iraqis

A federal judge in Detroit on Monday indefinitely stopped the deportation of more than 1,400 Iraqis who fear physical harm if kicked out of the U.S., the latest in a series of decisions in favor of the immigrants.

We’re No. 4 in attorney growth! (Or are we?)

On paper, Indiana’s legal community appears to be among the healthiest in the nation. On paper, Indiana’s legal community also appears to be the weakest in the nation.

Damages in DCS abuse cases piling up

Indiana officials expect to settle a federal damages lawsuit in a second case where a court has found a Department of Child Services case manager violated the constitutional rights of a parent.

New law gives grandparents notice about adoptions

A new law requiring grandparents be notified of adoption petitions passed the General Assembly this year without a single vote in opposition and was signed into law by Gov. Eric Holcomb. That’s when the confusion began.

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