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Opinions April 28, 2017

April 28, 2017

Indiana Court of Appeals
Robert C. Mills v. Indiana Department of Child Services, Shirley Starks, Kristen L. Sparks, Melanie Reising, and Elizabeth Herrmann
82A01-1606-PL-1482
Civil plenary. Affirms the Vanderburgh Superior Court’s rulings in favor of the Indiana Department of Child Services on Robert Mills’ various claims for discrimination on the basis of sex and age, and for retaliation. Finds the trial court did not err in ruling against Mills.

COA affirms closing of unsupervised estate

April 28, 2017

In a dispute between two northern Indiana sisters, the Indiana Court of Appeals has affirmed the trial court’s decision to close the unsupervised estate of the sisters’ father, finding that the trial court did not apply the wrong legal or statutory standards when closing the estate.

Appeals court upholds decision to block Anthem bid for Cigna

April 28, 2017

A federal appeals court on Friday left in place a decision blocking Indianapolis-based Anthem Inc.’s bid to buy rival health insurer Cigna Corp, saying that a bigger company is not better for consumers.

CASA therapy dogs lighten mood at Tippecanoe courthouse

April 28, 2017

Navigating the local court system is just one more traumatic experience for children who have been abused or neglected. But Tippecanoe County advocates believe a therapy dog to pat or scratch could ease their stress and lighten their moods.

Man sentenced to 75 years for killing pregnant girlfriend

April 28, 2017

A northern Indiana man has been sentenced to 75 years in prison for fatally stabbing his pregnant girlfriend and leaving her body in their apartment while he took a vacation.

2 convicted of roles in $2 million Hoosier Lottery scam

April 28, 2017

Two people have been convicted of taking part in a scheme to claim a $2 million Hoosier Lottery prize.

Judges make it official: Indy courts moving to justice center

April 28, 2017

Judges of the Marion Circuit and Superior Courts formally announced Thursday that civil and criminal courts will move from the Indianapolis City-County Building to a proposed Criminal Justice Complex on the city’s near-southeast side.

IU Health, HealthNet to pay $18M to settle false-claims case

April 27, 2017

Indiana University Health and HealthNet Inc. have agreed to pay a total of $18 million to resolve a whistleblower lawsuit alleging they submitted claims to the government in violation of anti-kickback laws. Federal and state authorities announced the settlement agreement Thursday afternoon.

Justices consider use of ‘dark box’ properties in assessments

April 27, 2017

Discerning the true meaning of the term “market value-in-use” is the central task now before the Indiana Supreme Court as it considers whether to accept review of a tax case that attorneys say will have a far-reaching effect on Indiana’s assessment system.

Man gets life in prison for Indianapolis officer’s killing

April 27, 2017

A man who pleaded guilty to fatally shooting an Indianapolis police officer was sentenced to life in prison without parole on Thursday following emotional testimony from the officer's widow and mother.

COA: Vectren projects fail to meet TDSIC requirements

April 27, 2017

The Indiana Court of Appeals has pulled the plug on a power company’s plan to hike rates without allowing the public to view and comment on the proposal.

Trump repeats criticism of court that halted 1st travel ban

April 27, 2017

President Donald Trump is once again taking aim at a federal appeals court district that covers Western states, saying he is considering breaking up a circuit that is a longtime target of Republicans and is where his first travel ban was halted.

Justices seem to favor limits on revoking US citizenship

April 27, 2017

The Supreme Court of the United States seemed ready Wednesday to impose limits on when the government can strip an immigrant of U.S. citizenship for lying during the naturalization process.

OWI charge vacated on double jeopardy concerns

April 27, 2017

A divided Indiana Court of Appeals has reversed one count of operating while intoxicated against a Columbus man, finding that merging the two counts together for sentencing purposes does not satisfy double jeopardy concerns.

Justices consider case involving rejected doctrine of res gestae

April 27, 2017

In a case that defense counsel warns could allow the concept of res gestae to be reintroduced into the Indiana judiciary, the justices of the Indiana Supreme Court considered whether a gun that was not brandished during a northern Indiana altercation was relevant evidence that led to the appellants’ convictions.

COA reverses protective order on basis of res judicata

April 27, 2017

In a case that Indiana Court of Appeals Judge Rudolph Pyle described as a “prime example of forum shopping,” the appellate court has reversed the grant of a petitioner’s third petition for a protective order because the petition is barred by the doctrine of res judicata.

Opinions April 27, 2017

April 27, 2017

7th Circuit Court of Appeals
Lois Marie Trask v. Edgar Rodriguez, et al.
14-2601
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Rudy Lozano.
Civil. Affirms the award of summary judgment to the casino employee defendants. Finds that if Lois Trask never received a copy of the defendants’ motion for summary judgment, she should have asked for a copy, which she failed to do. Also finds the district court did not err in enforcing a settlement between Trask and the defendants.

7th Circuit affirms summary judgment to casino employees

April 27, 2017

The 7th Circuit Court of Appeals has affirmed summary judgment for two security agents at a northern Indiana casino, finding the plaintiff’s argument that she never received a copy of the motion for summary judgment unpersuasive.

Supreme Court: General contractor assumed duty to sub-subcontractor through contract

April 27, 2017

A general contractor assumed a non-delegable duty of care to the employee of a sub-subcontractor through its contractual language, the Indiana Supreme Court decided Wednesday, reversing summary judgment to the general contractor on the issue of duty.

JNC sends letter to Holcomb about 3 justice finalists

April 27, 2017

The clock is now ticking for Gov. Eric Holcomb to select Indiana’s next Supreme Court justice after he received an official letter describing the three finalists for a seat on the bench from Chief Justice Loretta Rush and the Indiana Judicial Nominating Commission.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Marion County judge blocks state’s near-total abortion ban in religious freedom case

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