Pence counsel seeks email secrecy
Attorneys argue to the Court of Appeals whether the state’s Access to Public Records Act should exempt governor from disclosure.
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Opinions Nov. 28, 2016
Indiana Tax Court
The University of Phoenix, Inc. v. Indiana Department of Revenue
49T10-1411-TA-65
Tax. Denies the Indiana Department of State Revenue’s motion for protective order. Finds that the University of Phoenix’s request to depose Michael Alley, former department commissioner, is not vexatious.
High court takes alcohol wholesaler case
The Indiana Supreme Court has agreed to hear a case that could decide whether beer and wine wholesalers can also be legally permitted to sell liquor in Indiana.
Tax Court allows University of Phoenix to depose former revenue commissioner
The University of Phoenix Inc. can depose the former commissioner of the Indiana Department of State Revenue in a case related to the school’s income taxes after the Indiana Tax Court found that the former commissioner did not warrant a protective order to prevent him from testifying.
Indiana Supreme Court revises attorney’s suspension
The Indiana Supreme Court has revisited a disciplinary order indefinitely suspending a Texas-based attorney and has instead imposed a revised suspension.
Judge denies summary judgment on claim of sex discrimination by state police
A federal judge has denied summary judgment in favor of Indiana State Police in a sex discrimination case, finding that a former officer’s evidence in the case creates a factual dispute about her claim that the department decline to hire her for a civilian position after her retirement because she is a woman.
Magnus-Stinson becomes chief judge for Southern District
Judge Jane Magnus-Stinson has been named chief judge of the U.S. District Court for the Southern District of Indiana. She assumed the leadership position Nov. 23, when Judge Richard Young’s term as chief judge expired.
Man must continue to pay child support for son he claimed was his, court holds
A divided Court of Appeals panel has affirmed an order requiring a non-biological father to pay child support for his wife’s child, finding that because the man supported the child throughout his life, he is legally estopped from challenging the child support order.
Errors lead to reversal of veteran’s involuntary commitment
A trial court’s order mandating the involuntary commitment of a veteran has been vacated after the Indiana Court of Appeals found that the Department of Veterans Affairs failed to follow proper legal protocol in serving documents and did not prove that the veteran posed a risk to himself or others.
Opinions Nov. 23, 2016
Indiana Court of Appeals
In the Matter of the Commitment of M.E. v. Department of Veterans Affairs
27A02-1605-MH-987
Mental health. Reverses the involuntary commitment of M.E. Finds that M.E. did not receive appropriate notice, that his waiver was invalid and that Veterans Affairs did not carry its burden of proof with respect to the elements of dangerousness and grave disability. Remands with instructions to vacate the order of involuntary commitment.
Lack of jurisdiction keeps cemetery case in court
A woman’s fight to bury her mother in a burial site that she had purchased but that was mistakenly resold will continue after the Indiana Court of Appeals found that a small claims court did not have jurisdiction to grant her injunctive relief.
ACLU sues Franklin Township schools over Christian prayer
A man represented by the American Civil Liberties Union of Indiana has filed a lawsuit challenging the Franklin Township School Board’s alleged policy of opening meetings with exclusively Christian prayers.
Judge: Sysco must face Teamsters suit over retirement benefits
A local division of foodservice-supply giant Sysco Systems must face a lawsuit from its Teamsters workers who say the company reneged on retirement benefits negotiated through collective bargaining.
Justices consider transfer of 2 cases related to traffic stops, strip searches
The justices of the Indiana Supreme Court are deciding whether to grant transfer in two cases related to the permissibility of certain police officer actions after hearing arguments on petitions to transfer Tuesday.
Man sues in local election, says winning candidate was dead
A Democrat who ran for the Allen County Council is challenging the results because one of the three contested seats went to a candidate who died shortly before the election.
Trump Justice Dept. could shift drug prosecution policies
An Obama administration Justice Department that emphasized the need to be "smart on crime" is being replaced with a Trump presidency that campaigned on being "tough on crime."
Court blocks federal plan to extend overtime pay to many
In a blow to the Obama administration's labor-law plans, a federal court has blocked the start of a rule that would have made an estimated 4 million more American workers eligible for overtime pay heading into the holiday season.
Justices consider relevance of immigration status in undocumented worker’s lawsuit
The Indiana Supreme Court heard arguments Tuesday on whether introducing an injured man's immigration status to a jury in his lawsuit for future wages would be prejudicial enough to outweigh its probative value.
House seeks delay in health law appeal pending new president
The Republican-led House of Representatives is asking the federal appeals court in Washington to delay consideration of a case involving the Obama health care law because Donald Trump has pledged to repeal and replace it when he becomes president.
Bail set in 1980 death of Indiana police officer
Bail has been set for a northwest Indiana man charged in the 1980 death of a police officer killed while working a side security job.