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Opinions April 3, 2024

April 3, 2024

Indiana Supreme Court
Safeco Insurance Company of Indiana as Subrogee of Ramona Smith v. Blue Sky Innovation Group, Inc., et.al.
23S-CT-272
Civil tort.  Affirms the Marion Superior Court’s dismissal of Safeco Insurance’s  third-party spoliation and negligence claims against the Michaelis Corporation. Finds the trial court did not err in dismissing Safeco’s amended complaint against Michaelis. Also finds the trial court did not err in dismissing Safeco’s negligence claim because it is substantively a third-party spoliation claim. Justice Christopher Goff concurs in part and dissents in part with separate opinion.

Indiana Supreme Court split in rejection of inventory search case

April 3, 2024 | Alexa Shrake

The Indiana Supreme Court narrowly denied the transfer of a case in which the Indiana Court of Appeals found that an inventory search of a man’s truck that led to a drug conviction was reasonable.

2024 Indiana 250 Print Edition – Preorder

Brought to you by the editors of the IBJ, Inside INdiana Business and The Indiana Lawyer, Indiana 250 provides a close-up look at the people who are making an undeniable impact on the state of Indiana. Discover in-depth profiles about Indiana’s most influential business leaders including their back story, personal strategies for success, and interesting details you won’t find anywhere else. Indiana 250 is your essential business reference publication about Indiana’s most important movers and shakers.

Published on July 19, 2024

ISBA

Judge allows former coach Pat Fitzgerald’s lawsuit against Northwestern to continue

April 3, 2024 | Associated Press

Cook County Circuit Judge Daniel Kubasiak ruled Tuesday that Fitzgerald made a strong enough argument to keep the case going. A trial is set for April 2025.

George Carlin estate settles with podcasters over fake special purportedly generated by AI

April 3, 2024 | Associated Press

Under the settlement agreement, the podcast outlet Dudesy agrees to permanently take down the special and to refrain from using Carlin’s image voice or likeness in the future without the express written approval of the estate.

Trump sues two Trump Media co-founders, seeking to void their stock in the company

April 3, 2024 | Associated Press

The two co-founders have filed their own lawsuit, seeking to prevent Trump from taking steps the two said would sharply reduce their combined 8.6% stake in Trump Media.

Mother of boy found dead in suitcase in southern Indiana ordered held without bond

April 3, 2024 | Associated Press

Dejaune Anderson, 38, is charged with murder, neglect and obstruction of justice in the death of Cairo Ammar Jordan, whose body was discovered by a mushroom hunter in April 2022 in a wooded area some 35 miles northwest of Louisville, Kentucky.

Freight railroads must keep 2-person crews, according to new federal rule 2 years in the making

April 2, 2024 | Associated Press

There has been intense focus on railroad safety since a fiery February 2023 derailment in Ohio, but few significant changes have been made apart from steps the railroads pledged to take themselves and the agreements they made to provide paid sick time to nearly all workers.

IRS claws back money given to businesses under fraud-ridden COVID-era tax credit program

April 2, 2024 | Associated Press

The IRS said it received $225 million from a voluntary disclosure program, which ended on March 22, that let small businesses that thought they received the credit in error give back the money and keep 20%. That money came from more than 500 taxpayers with another 800 submissions still being processed.

Opinions April 2, 2024

April 2, 2024

Indiana Court of Appeals
B.H. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
23A-EX-2976
Administrative. Affirms the Review Board of the Indiana Department of Workforce Development’s determination that B.H. is ineligible for unemployment benefits. Finds B.H. did not present evidence to show she had a medically substantiated disability or sufficiently advise her employer of the disability and accompanying limitations.

Former Indiana Court of Appeals Judge Sharpnack dies at 90

April 2, 2024 | Alexa Shrake

Former Indiana Court of Appeals Judge John T. Sharpnack, 90, died on March 25.

The solar eclipse will change some voting registration deadlines in Indiana

April 2, 2024 | Associated Press

The deadline to register to vote in Indiana’s upcoming primary is the same day as the solar eclipse that will shadow most of the state. Some county registration offices will be closed on that day, pushing the registration deadline in those counties to noon Tuesday.

 

Federal judge grants collective status in suit brought by Lilly worker who claimed age bias

April 2, 2024 | John Russell, Indianapolis Business Journal

The ruling potentially opens the door to hundreds of Lilly employees over 40 years old who have been denied promotions for which they feel they were qualified.

lilly-2col.jpg

Donald Trump has posted a $175 million bond to avert asset seizure

April 2, 2024 | Associated Press

A New York appellate court had given the former president 10 days to put up the money after a panel of judges agreed last month to slash the amount needed to stop the clock on enforcement.

Felony charges filed against man over unpaid utilities at 4 apartment complexes

April 1, 2024 | IL and IBJ Staff

The charges are related to a high-profile case in which the landlord of the four affordable apartment properties in Indianapolis collected money from tenants but failed to pay Citizens Energy Group for services from October 2019 to April 2022.

The Woods at Oak Crossing

Old National places CFO on leave following criminal charges

April 1, 2024 | Susan Orr, Indianapolis Business Journal

Evansville-based Old National Bank disclosed Monday that it has placed its chief financial officer, Brendon Falconer, on leave. Falconer was charged last week with two counts of felony child molestation.

Alex Murdaugh gets 40 years in federal prison for stealing from clients and his law firm

April 1, 2024 | Associated Press

Murdaugh was convicted a year ago of killing his younger son Paul with a shotgun and his wife, Maggie, with a rifle. While he has pleaded guilty to dozens of financial crimes, he adamantly denies he killed them and testified in his own defense.

Temporary judge appointed to Marion Superior Court

April 1, 2024 | Alexa Shrake

Senior Judge David A. Shaheed will be serving as judge pro tempore in Marion Superior Court 4 starting on April 8.

Opinions April 1, 2024

April 1, 2024

Indiana Court of Appeals
Emily Tingley v. First Financial Bank, As Trustee of Land Trust No.428
23A-PL-1226
Civil plenary. Reverses the Vigo Superior Court’s order granting First Financial Bank’s Trial Rule 12(B)(1) motion to dismiss a complaint filed by Emily Tingley. Finds the trial court’s grant of First Financial’s motion to dismiss under Trial Rule 12(B)(1) was in error because the court has subject matter jurisdiction over the class of case at issue. Remands for further proceedings.

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In This Issue

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

  • Delphi killer Richard Allen transferred to Oklahoma facility 

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

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