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IndyBar: Elections and the Rule of Law: Indiana and the Nation in 2024

April 24, 2024

Election year litigation around the country is always measured in the hundreds of cases, but the number of cases in the 2024 cycle would be reasonably expected to surpass the 543 cases brought in 2020.

Sugar Factory faces eviction at Circle Centre after allegedly failing to pay $300,000-plus in rent

April 23, 2024 | Mickey Shuey, Indianapolis Business Journal

The landlord for Circle Centre Mall has filed a lawsuit to evict Sugar Factory, alleging that the restaurant has defaulted on its rent.

Government agrees to $138.7M settlement over botched USA Gymnastics probe

April 23, 2024 | Associated Press

The U.S. Justice Department announced a $138.7 million settlement Tuesday with more than 100 people who accused the FBI of grossly mishandling allegations of sexual assault against Larry Nassar in 2015 and 2016, a critical time gap that allowed the sports doctor to continue to prey on victims before his arrest.

U.S. District Court for the Northern District of Indiana welcomes new magistrate judge

April 23, 2024 | Maura Johnson

A new magistrate judge has been selected to serve in the United States District Court for the Northern District of Indiana.

Indiana Supreme Court grants appeal from DCS over reversal of mother’s rights

April 23, 2024 | IL Staff

The Indiana Supreme Court granted the transfer of one case last week in which the state’s appellate court had reversed the termination of a mother’s parental rights.

Braun expected to miss final GOP gubernatorial debate

April 23, 2024 | Indiana Capital Chronicle

Five of the six Republicans hoping to be Indiana’s next governor are scheduled to meet Tuesday for their last pre-primary debate, hosted by the nonpartisan Indiana Debate Commission. U.S. Sen. Mike Braun—the frontrunner, according to polls—pulled out of the debate unexpectedly Monday evening, saying he needed to be in Washington, D.C., to vote, according to the commission.

NCAA ratifies immediate eligibility for athletes no matter how many times they switch schools

April 23, 2024 | Associated Press

NCAA athletes are now eligible to play immediately no matter how many times they transfer—as long as they meet academic requirements—after the Indianapolis-based. association fast-tracked legislation to fall in line with a recent court order.

ncaa-building-2col.jpg

Starbucks takes on the federal labor agency before the US Supreme Court

April 23, 2024 | Associated Press

After Starbucks fired seven workers who were trying to unionize their Tennessee store, a U.S. government agency obtained a court order forcing the company to rehire them. Now, Starbucks wants the Supreme Court to curb the government’s power in such cases.

Pro-Palestinian protests sweep US college campuses following mass arrests at Columbia

April 23, 2024 | Associated Press

Columbia canceled in-person classes, dozens of protesters were arrested at New York University and Yale, and the gates to Harvard Yard were closed to the public Monday as some of the most prestigious U.S. universities sought to defuse campus tensions over Israel’s war with Hamas.

What to know in the Supreme Court case about immunity for former President Trump

April 23, 2024 | Associated Press

The Supreme Court has scheduled a special session to hear arguments over whether former President Donald Trump can be prosecuted over his efforts to undo his 2020 election loss to President Joe Biden.

Opinions April 22, 2024

April 22, 2024

Indiana Court of Appeals
Pious Trans, Inc., Gagandeep Singh, and Yadwinder Singh v. Certain Underwriters at Lloyd’s London
23A-PL-3044
Civil plenary. Affirms the Hancock Circuit Court’s granting of summary judgment to Certain Underwriters at Lloyd’s London on the questions of coverage and bad faith. Finds that the policy term “commercial,” specifically as used in the term “commercial driver’s license,” is not ambiguous and that a New-York-issued Class E operator’s license is in no way equivalent to a CDL. Also finds the trial court correctly concluded that Gagandeep Singh had not satisfied the policy’s experience requirements. Finally, finds that that Underwriters did not breach the policy in denying coverage.

Indiana Supreme Court to hear three oral arguments April 25 

April 22, 2024 | IL Staff

The Indiana Supreme Court will hear three oral arguments on April 25, including one involving a Fort Wayne firefighter’s complaint against an electric scooter company.

Biden sees $35 price cap for insulin as pivotal campaign issue

April 22, 2024 | Associated Press

Rarely a day goes without President Joe Biden mentioning insulin prices. He promotes a $35 price cap for the medication for Americans on Medicare — in White House speeches, campaign stops and even at non-health care events around the country.

Councilwoman chosen as new Fort Wayne mayor in caucus

April 22, 2024 | Associated Press

A Fort Wayne city councilwoman was chosen Saturday as the new mayor of Indiana’s second most populous city during a caucus to replace its late mayor, who died in March.

Local election workers fear threats to their safety as November nears. One group is trying to help

April 22, 2024 | Associated Press

A recent gathering in Traverse City, a picturesque community on the shores of Lake Michigan, was part of a national effort to train local election workers on how they can respond to threats and work with law enforcement to counter them.

Prosecutors will make history with opening statements in Trump’s hush money criminal trial

April 22, 2024 | Associated Press

For the first time in history, prosecutors will present a criminal case against a former American president to a jury Monday as they accuse Donald Trump of a hush money scheme aimed at preventing damaging stories about his personal life from becoming public.

With homelessness on the rise, the Supreme Court will weigh bans on sleeping outdoors

April 22, 2024 | Associated Press

The Supreme Court will consider Monday whether banning homeless people from sleeping outside when shelter space is lacking amounts to cruel and unusual punishment.

Judge in Delphi double-murder case denies another request to allow courtroom cameras at trial

April 19, 2024 | Maura Johnson

Thursday’s decision marks the fourth television station to be denied camera access at trial, increasing doubts that any video cameras will be allowed at one of the most high-profile criminal trials in Indiana in decades. Allen’s trial is set to begin May 13.

Muncie woman sentenced to 32 years in prison for drug dealing-related death

April 19, 2024 | IL Staff

A Muncie woman faces 32 years in prison after being sentenced in Delaware Circuit Court Wednesday for dealing in a controlled substance resulting in death.

Opinions April 19, 2024

April 19, 2024

Indiana Court of Appeals
Brian Randy Van Auken v. State of Indiana
23A-CR-1573
Criminal. Affirms Brian Van Auken’s convictions in Wells Circuit Court for three counts of Level 1 felony child molesting, Level 3 felony promotion of sexual trafficking of a younger child, six counts of Level 4 felony child solicitation, Level 4 felony sexual misconduct with a minor and five counts of Level 5 felony child solicitation. Finds the trial court did not abuse its discretion in admitting certain evidence. Also finds the evidence is insufficient to sustain Van Auken’s convictions. Finally, finds his aggregate 69-year sentence is appropriate.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

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