Alere sues Abbott to force completion of $5.8B deal
Alere Inc. sued Abbott Laboratories claiming the medical-device maker failed to get U.S. antitrust clearance for their $5.8 billion merger agreement, potentially scuttling the controversial deal.
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GM wins ignition-switch trial, but legal woes aren’t over
General Motors Co.’s victory in a Houston courtroom Thursday makes the carmaker three for three in trials related to an ignition-switch defect, but its legal entanglements may stretch on for years.
Burkini ban in French beach town reversed by Supreme Court
France’s top court struck down a push by local governments to ban the “burkini” from the nation’s beaches, saying the Muslim-style full-body swimming outfits don’t create a public threat that justifies impinging on freedom of religion.
7th Circuit asked to rehear Title VII sexual orientation case
The former math instructor at Ivy Tech Community College in South Bend who claims that the school violated her Title VII rights by repeatedly denying her promotions and eventually terminating her employment because she is a lesbian has petitioned the 7th Circuit Court of Appeals for rehearing.
Monarch affiliate gets big win in effort to sell liquor
A Marion County Superior Court judge has ruled in favor of a Monarch Beverage Co. affiliate called Spirited Sales LLC in its quest to gain a permit to wholesale liquor, a win in Monarch’s years-long effort to enter the spirits business.
Prosecutor: Fort Wayne officer’s shooting of teen justified
A prosecutor says a Fort Wayne police officer was acting in self-defense when he shot a teenager in the back.
Doctor’s profit sharing plan not recoverable by slain wife’s estate
The estate of a woman whose husband shot and killed her and himself just hours after they married is not entitled to any funds from the husband’s profit sharing plan based on Indiana probate law, the Indiana Court of Appeals concluded Thursday.
Opinions Aug. 25, 2016
Indiana Court of Appeals
In re the Scott David Hurwich 1986 Irrevocable Trust Scott D. Hurwich v. Stacey R. MacDonald
71A03-1602-TR-301
Trust. Reverses the probate court’s order dismissing Hurwich’s complaint. Hurwich’s appeal was timely filed and dismissal of his complaint was not appropriate. Specific factual support is not required under Indiana Trial Rule 8(A) as factual specifics may not be available until discovery is made.
Trust beneficiary’s complaint reinstated by COA
The lawsuit filed by a man who claimed the trustee of the irrevocable trust in which he is the beneficiary mismanaged assets will move forward after the Indiana Court of Appeals reversed dismissal of the suit.
7th Circuit tackles ‘moral turpitude’ in immigration case
The 7th Circuit Court of Appeals is concerned about the classification of every crime involving deception involving “moral turpitude,” which would prevent some unauthorized immigrants from seeking discretionary cancelation of removal under the law.
Regulators OK final settlement over controversial Edwardsport plant
A bitter, costly fight over who will pay for Duke Energy’s $3.5 billion coal-gasification plant, one of the most expensive projects in Indiana history, is finally over.
Attorneys needed to teach kids about elections
Indiana Kids’ Election, which helps teachers by providing resources about the election process, is looking for attorney volunteers in schools around the state.
Disabled passenger’s PI suit against Austrian Airlines stays in Indiana
A Crown Point woman who claims employees of Austrian Airlines broke her leg after failing to accommodate her disability may proceed with her federal lawsuit in Hammond, a judge has ruled.
Is a granola bar ‘natural’ if there’s a pesticide in it?
New lawsuits filed Wednesday target what they say are small amounts of the world's most popular pesticide in granola bars ostensibly "made with 100% natural whole grain oats."
Opinions Aug. 24, 2016
Indiana Court of Appeals
Christopher Compton v. State of Indiana
82A01-1511-CR-1997
Criminal. Affirms conviction of three counts of felony murder and the finding that Compton is a habitual offender. The trial court did not deprive Compton of due process when it allowed the media to tweet live updates of his trial from the courtroom, nor did it err in admitting evidence of Compton’s incriminatory statements. Calls for guidance on social media use during criminal trials.
COA calls for guidance on social media use during criminal trials
In affirming that a man was not deprived due process when the media live tweeted during his murder trial, the Indiana Court of Appeals noted that it’s time for the judicial branch to address social media use concerns.
Outlaws member denied motorcycle club’s seized property
A member of the Outlaws Motorcycle Club who wanted to intervene in a forfeiture action involving paraphernalia bearing the Outlaws insignia couldn’t convince the 7th Circuit Court of Appeals that a federal court was incorrect in denying his motions.
Court divided over stop of man in movie theater
By a 2-1 vote, the Indiana Court of Appeals reversed the denial of an Indianapolis man’s motion to suppress a handgun found on him after officers questioned him in a lobby of a movie theater. The majority ruled the officers had no reasonable suspicion to justify the investigatory stop.
COA affirms officer’s stop of teen involved in mall ruckus
A police officer had reasonable suspicion to stop and search a teen at an Indianapolis mall on Black Friday last year whom was believed to be involved in a shouting match with another group of people in a department store, the Indiana Court of Appeals affirmed.
COA upholds restraining order against man who threatened mother’s caretakers
A Clark County man’s behavior qualified as a credible threat of violence with respect to three employees of the assisted living facility where his mother lived, so the trial court correctly issued workplace violence restraining orders on their behalf, the Indiana Court of Appeals affirmed.