Long court fight possible over planned 2M hen farm
An attorney says it could take a year to resolve a lawsuit by residents seeking to stop a proposed egg farm that could have up to 2 million hens in rural southwestern Indiana.
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Fraud, forgery trial delayed for Muncie pain clinic doctor
The trial has been delayed for a Muncie pain clinic doctor accused of fraud, forgery and drug counts.
COA to hear legal malpractice appeal
A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.
Supreme Court to hear whistleblower case against IDEM
A former state employee who claims she was fired for blowing the whistle on questionable payment practices in the Indiana Department of Environment Management will bring her case before the Indiana Supreme Court next week, when she will urge the justices to allow her complaint against the state agency to continue.
ABA advises ‘reasonable efforts’ to protect client data
A new ethics opinion from the American Bar Association is calling on attorneys to make “reasonable efforts” to ensure their electronic attorney-client communications are not subject to inadvertent or unauthorized disclosure.
Opinions May 12, 2017
Indiana Court of Appeals
Tyler Allen Whitesell v. State of Indiana (mem. dec.)
90A02-1612-CR-2768
Criminal. Affirms Tyler Allen Whitesell’s aggregate sentence of six years following his guilty pleas to dealing in a narcotic drug as a Level 5 felony, two counts of dealing in a substance represented to be a controlled substance as Level 6 felonies, and theft as a Class A misdemeanor. Finds the sentence is not inappropriate.
Symphony denies wrongdoing by conductor Urbanski, leadership
Indianapolis Symphony Orchestra is defending its conductor and leaders, describing claims of age discrimination and harassment made by a tenured musician as “outlandish” and “baseless.”
Trump launches commission to investigate voter fraud
President Donald Trump signed an executive order Thursday launching a commission to review alleged voter fraud and voter suppression, building upon his unsubstantiated claims that millions of people voted illegally in the 2016 election.
Man uses plastic bat to defend son from goose, gets ticket
An Indianapolis man says he shouldn't have been ticketed for using a plastic bat to protect his 4-year-old son from an aggressive Canada goose.
Anthem abandons battle for Cigna after court deals blow to deal
Anthem Inc.’s nearly two-year effort to buy rival insurer Cigna Corp. is officially dead.
Trump: Comey better hope there are no ‘tapes’ of talks
President Donald Trump, in a warning to his fired FBI director, said Friday that James Comey had better hope there are no “tapes” of their conversations. Trump’s tweet came the morning after he asserted Comey had told him three times that he wasn’t under FBI investigation.
ACLU slams, prosecutors welcome Sessions’ call for tougher charges
The American Civil Liberties Union says Attorney General Jeff Sessions is "repeating a failed experiment" by encouraging prosecutors to pursue tougher charges against most suspects.
Doctor suspended for sex with patient sues over board minutes
An Indianapolis doctor whose license was suspended after he admitted to having a five-year sexual relationship with a patient says he has been libeled by the Indiana Medical Licensing Board for how it recorded the matter in its official minutes.
Supreme Court updates rules for ‘Notice of Defect’ responses
The Indiana Supreme Court has updated the state’s appellate rules governing how attorneys and litigants must respond when the clerk of the state’s appellate courts return their timely filed documents that do not comply with Indiana Rules of Appellate Procedure.
7th Circuit allows inmate’s due process claim to continue
The 7th Circuit Court of Appeals has reversed summary judgment against a federal inmate on his constitutional due process claims, finding that the reviews of his prolonged stay in solitary confinement may not pass constitutional muster.
Opinions May 11, 2017
Indiana Supreme Court
Danny Sims v. Andrew Pappas and Melissa Pappas
45S03-1701-CT-26
Civil tort. Affirms the judgment of the Lake Superior Court in favor of Andrew and Melissa Pappas for compensatory and punitive damages. Finds the remoteness of a prior offense does not affect the admissibility of the evidence. Also finds the compensatory damages were within the evidence and the punitive damages were not unconstitutionally excessive.
Company must face fired worker’s religion discrimination claim
A company that admitted a worker should not have been fired must defend against his claims that he was discriminated against because of his religious beliefs as a Seventh-day Adventist, a federal judge ruled Wednesday. Columbus-based NTN Driveshaft Inc. denies that a human resources manager fired Jeffrey L. Jackson for unlawful or discriminatory reasons, instead […]
Rape charge against Indiana man dismissed after DNA testing
An Indiana man won't stand trial for a second time on rape and criminal deviate conduct charges filed a quarter-century ago.
AP: City pays Indiana congressman’s wife $20K/month for legal consulting
A burgeoning Indianapolis suburb has paid the wife of an influential congressman $580,000 since 2015 for legal consulting she largely does from the Washington area, an unusually large sum even in a state rife with highly paid government contractors, according to a review by The Associated Press.
Relying on video evidence that contradicts trial court is not ‘reweighing,’ justices rule
An appellate court’s decision to rely on video evidence to reverse a trial court’s findings does not constitute impermissible reweighing of the evidence if the video indisputably contradicts the trial court, the Indiana Supreme Court held Thursday while simultaneously affirming a man’s resisting law enforcement and battery against a law enforcement animal convictions.