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Opinions April 22, 2016

Indiana Court of Appeals
Kennedy Tank & Mfg. Co., Inc.; and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert International
49A02-1507-CT-934
Civil tort. Reverses denial of Kennedy Tank Manufacturing’s motion to dismiss the lawsuit brought against it by Emmert International. The Indiana statute of limitation the trial court relied on is preempted by a federal statute with a shorter limitations period, and Emmert did not bring the lawsuit within that period.

3 reappointed to Supreme Court Disciplinary Commission

The Indiana Supreme Court reappointed three members to its disciplinary commission Thursday. Nancy L. Cross, Andrielle M. Metzel and Trent A. McCain’s terms were scheduled to expire June 30, and will now serve another five-year term.

COA: Time expired in bringing criminal trial

The Indiana Court of Appeals reversed a man’s felony and misdemeanor charges after it found the state did not bring him to trial within a 365-day time period.

Uber drivers’ $100M deal may set pace for gig economy

Uber Technologies Inc. resolved the biggest threat to its business by settling with California drivers suing to be treated more like traditional employees, a move that could have broad-ranging implications for companies across the sharing economy.

COA majority: Conditional language is still a threat

The Indiana Court of Appeals affirmed a man’s conviction for Class A misdemeanor intimidation in a 2-1 decision after it found the conditional language he used in the threat placed his victim in danger of retaliation for a lawful act.

Opinions April 21, 2016

Indiana Supreme Court
Adam Horton v. State of Indiana
79S02-1510-CR-628
Criminal. Reverses Adam Horton’s conviction of Class D felony domestic battery after the court found Horton did not waive his right to jury trial on the charge. Remands for a new trial. The failure to confirm his person waiver before proceeding to a bench trial was fundamental error.

Attorney: NCAA also deserves blame in UNC fraud scandal

An attorney representing two ex-University of North Carolina athletes says the school and Indianapolis-based NCAA are both responsible for UNC's long-running academic fraud scandal that he says denied athletes a quality education.

Dickson hears final argument in historic Corydon courthouse

The Indiana Supreme Court’s five justices traveled to Corydon Wednesday to hear arguments in a modern case presented in the original Supreme Court courtroom built for just three justices. The event was part of the celebration of the state’s bicentennial and also was Justice Brent Dickson’s final oral argument.

Committee gets advice on strengthening Indiana’s immigration laws

In his opening remarks to the first meeting of the Indiana Senate Select Committee on Immigration Issues Tuesday, Sen. Phil Boots, R-Crawfordville, made a statement that is likely to have been uttered in statehouses around the country. He said Congress is not addressing the country’s broken immigration system so states have to step up.  

3 charged with several crimes in Flint water crisis

Two state regulators and a Flint employee were charged Wednesday with evidence tampering and other felonies and misdemeanors, for the first time raising the lead-tainted water crisis in the Michigan city to a criminal case.

COA: Man’s habeas petition should be dismissed

The Indiana Court of Appeals remanded a man’s petition for habeas corpus and ordered the trial court to dismiss his claims after the judges said he improperly filed his petition without permission from the court.