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7th Circuit affirms dismissal of claims against Indiana, Marion County officials

December 9, 2016

The 7th Circuit Court of Appeals has affirmed the dismissal of claims against several Indiana state and county officials, finding that most of the claims failed due to the immunity provided to government employees in the scope of their employment.

Michael Jordan wins China trademark court ruling after yearslong case

December 8, 2016

Basketball legend Michael Jordan now owns his Chinese name, after China's highest court sided with him Thursday following a yearslong legal battle over a trademark dispute.

Opinions Dec. 8, 2016

December 8, 2016

Indiana Court of Appeals
In re the Expungement/Sealing of Records of H.M. v. State of Indiana and Marion County Sheriff
49A02-1604-MI-700
Miscellaneous. Reverses dismissal of H.M.’s contempt petition. Finds that the Marion Superior Court did not err when it denied H.M.’s motion to strike but did err when it dismissed H.M.’s contempt petition. Remands for further proceedings. Judge Michael Barnes concurs with separate opinion.

Justices weigh cellphone data privacy rights in 4th Amendment case

December 8, 2016

When people turn on their cellphones, they have a general understanding that some data regarding their whereabouts will be collected. But if a person does not know the extent to which that data is collected, then can the court say that such data was voluntarily released by the person, or is there an expected right to privacy?

4 Indiana cities seek dismissal of LGBT protections suit

December 8, 2016

Four Indiana cities have asked the Indiana Court of Appeals to overrule a judge’s ruling allowing conservative groups to go ahead with a lawsuit challenging anti-discrimination ordinances.

Allen becomes latest Indiana county to offer needle exchange

December 8, 2016

The Fort Wayne-Allen County Department of Health said Wednesday the Allen County Syringe Services Program opened in early November and has seen a few visitors. The department says it didn't advertise the opening of the program because it believed a soft opening was the best way to get the word out to those affected.

COA: Law enforcement may not refuse to hire based solely on expunged criminal histories

December 8, 2016

The Indiana Court of Appeals ruled Thursday that law enforcement agencies are not permitted under state statute to refuse to hire new employees solely because those people have prior criminal histories that have since been expunged.

2 face life sentences in Newton County slayings

December 8, 2016

Prosecutors intend to seek sentences of life without parole for two 24-year-old men facing murder, theft and other charges in the slayings of three people in northwestern Indiana.

Court abused discretion in letting public defender withdraw appearance

December 8, 2016

An attorney seeking a motion to withdraw appearance had to prove there was justification for his withdrawal and provide sufficient notice to the party he represented before the motion could be granted, the Indiana Court of Appeals found Thursday.

Forest Alliance sues to stop Crown Hill cemetery project

December 8, 2016

The controversy over the U.S. Department of Veterans Affairs’ plans to develop a military cemetery with a series of above-ground columbariums on 15 wooded acres north of Crown Hill Cemetery in Indianapolis has ended up in court.

Opinions Dec. 7, 2016

December 7, 2016

Indiana Court of Appeals
Reginald Webster v. State of Indiana
49A05-1603-CR-417
Criminal. Reverses Reginald Webster’s conviction for Class A misdemeanor carrying a handgun without a license. Finds that the Marion Superior Court clearly erred in denying Webster’s motion for involuntary dismissal.

COA holds public trust rights rule along lakeshore

December 7, 2016

When a private property owner’s land deed overlaps with that of the public trust along Lake Michigan, the rights to the shore are controlled by the common law public trust doctrine, the Indiana Court of Appeals found Wednesday in a landmark decision that prevents private property owners from exerting complete control over lakeshore land between ordinary high- and low-water marks.

Barnes & Thornburg’s Elkhart attorneys relocate closer to pulse of RV industry

December 7, 2016

Barnes & Thornburg LLP attorneys in Elkhart are settling into new digs, having left the downtown office they called home since 1996 and moving closer to the growing industrial corridor of the city’s recreational vehicle base.

COA holds that volunteer work was incidental to man’s employment

December 7, 2016

A general contractor’s volunteer work was incidental to his professional employment, so the injuries he sustained during the volunteer work must be covered under the Indiana Worker’s Compensation Act.

COA affirms lifetime suspension of driving rights

December 7, 2016

A man who was caught driving with a suspended license cannot challenge the legality of the lifetime suspension of his driving privileges because the law in effect at the time of his arrest required the lifetime suspension, the Indiana Court of Appeals found Wednesday.

Ransomware attack costing Madison County nearly $200,000

December 7, 2016

A computer hack demanding a ransom is ending up costing Madison County nearly $200,000.

COA reverses handgun conviction after state failed to meet burden of proof

December 7, 2016

The state failed to meet its burden of proof to show that an Indianapolis man was carrying a handgun without a license outside of his dwelling, workplace or property, the Court of Appeals found Wednesday, thus vacating the man’s misdemeanor conviction.

Lawmakers push for DNA collection from felony arrestees

December 7, 2016

A bipartisan group of lawmakers Tuesday announced legislation that would require collection of DNA from people arrested for a felony. The proposed legislation will be introduced in the 2017 session of the Indiana General Assembly.

‘Strict compliance’ with contempt statute not required if sufficient notice is given

December 7, 2016

A majority of the justices of the Indiana Supreme Court found Tuesday that strict compliance with a state statute regarding contempt orders can be excused if the party in contempt has been sufficiently notified of their contempt, thus affirming a trial court decision requiring an ex-husband to produce income and tax documents for his ex-wife.

Ex-Indiana jail administrator admits to stealing $260,000

December 7, 2016

A former Monroe County jail administrator has pleaded guilty to embezzling more than $260,000 in county money.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

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

  • New habeas corpus strategy is freeing some immigrant detainees

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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