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Opinions Feb. 27, 2024
Court of Appeals of Indiana
Elpers Bros. Construction & Supply, Inc., et al. v. Deane L. Smith, II, M.D., et al.
23A-PL-437
Civil plenary. Affirms and reverses in part the grant of summary judgment in favor of Deane L. and Lori A. Smith. Finds the Vanderburgh Circuit Court properly granted summary judgment for the Smiths on their claim that Elpers Bros. Construction & Supply Inc. owed a non-delegable duty to properly design and construct a subdivision’s drainage system. Also finds the trial court erred in granting only partial summary judgment for the homeowners association and in denying Elpers Development’s motion for summary judgment. Finally, finds the trial court properly denied Elpers Construction’s motion for summary judgment on the Smiths’ fraud claim. Remands for further proceedings.
Bill filed in Kentucky House would ease near-total abortion ban by adding rape and incest exceptions
Legislation aimed at easing Kentucky’s near-total abortion ban by creating limited exceptions for pregnancies caused by rape or incest was introduced Monday in the GOP-dominated House, as lawmakers wrangle with an issue at the forefront of last year’s campaign for governor.
Biden will urge congressional leaders to avoid a government shutdown, send aid to Ukraine and Israel
President Joe Biden was meeting Tuesday with the top four leaders of Congress to press them to act quickly to avoid a looming government shutdown early next month and to pass emergency aid for Ukraine and Israel.
House keeps retention mandate in literacy overhaul bill; makes tweaks to higher ed measures
A mandate to require reading-deficient third graders to be held back a year in school withstood challenges from Democrats on Monday — though some Republican lawmakers joined in opposing stricter retention.
Supreme Court casts doubt on GOP-led states’ efforts to regulate social media platforms
The Supreme Court cast doubt Monday on state laws that could affect how Facebook, TikTok, X, YouTube and other social media platforms regulate content posted by their users.
Opinions Feb. 26, 2024
Court of Appeals of Indiana
Starr Indemnity & Liability Co. et al. v. NIBCO INC.
23A-PL-1343
Civil plenary. Reverses the Elkhart Superior Court’s judgment reinstating NIBCO’s declaratory judgment action against Starr Indemnity & Liability Co., et.al.. Finds the trial court erred by reinstating the action. Also finds that relief from the judgment was only available to NIBCO under Indiana Trial Rule 60 (B) and because the company failed to act within the time permitted by the rule, it was not entitled to reinstatement.
7th Circuit hears oral arguments regarding Indiana law prohibiting ‘human sexuality’ instruction in grades K-3
| IL Staff
The 7th Circuit Court of Appeals heard oral arguments Friday in a case involving an Indianapolis teacher who is seeking preliminary injunction against a new Indiana law that prohibits instruction on human sexuality in grades K-3.
IN Supreme Court reprimands attorney for failure to transmit form, money to federal immigration office
| IL Staff
The Indiana Supreme Court has publicly reprimanded a South Bend attorney after she failed to ensure a waiver form for an immigration case successfully reached the United States Citizenship and Immigration Services’s office.
Trial court erred in reinstating declaratory judgment after it was dismissed, COA rules in reversal
An Elkhart-based company failed to act within the time permitted under Indiana Trial Rule 60(B) and was not entitled to a trial court’s reinstatement of a declaratory judgement action, the Court of Appeals of Indiana ruled Monday in a reversal.
Insurance company not required to cover costs of replacing furnace refractory, 7th Circuit affirms
An insurer wasn’t responsible for indemnifying a Kendallville-based company for the cost of replacing an aluminum furnace refractory destroyed in an explosion, the 7th Circuit Court of Appeals ruled Friday in affirming a district court’s judgment .
IN Supreme Court suspends Portage attorney for failing to withdraw representation, engaging in misconduct
| IL Staff
The Indiana Supreme Court has ordered a Portage attorney to serve a 45-day suspension after he was found to have committed six violations of the state’s Professional Conduct Rules.
Senate leaders likely to seek quick dismissal of Mayorkas impeachment case
For the third time in five years, senators will be sworn in as jurors for an impeachment trial. But the chamber is expected to spend far less time on the charges against Homeland Security Secretary Alejandro Mayorkas than the ones brought against former President Donald Trump.
Donald Trump appeals $454 million judgment in New York civil fraud case
Donald Trump has appealed his $454 million New York civil fraud judgment, challenging a judge’s finding that Trump lied about his wealth as he grew the real estate empire that launched him to stardom and the presidency.
Foreclosure suit filed against owner of Wilshaw hotel property
The developers brought in to complete the long-stalled Wilshaw hotel project in Speedway have filed a foreclosure suit against the property owner, alleging failure to repay a loan.
Key lawmakers once balked at bills affecting active lawsuits. Is the ‘default’ approach dying?
Open lawsuits are off-limits to some Indiana lawmakers, while others consider the unwritten ban on legislative interference an unnecessary barrier to policy goals.
Attorney general discipline targeted in amendment
The Senate Elections Committee on Monday added an amendment to a bill that could block some Hoosiers from running for Attorney General.
7th Circuit affirms judgment that trial counsel’s failure to object was ‘reasonable strategic choice’
The Indiana Court of Appeals correctly denied a convicted child molester’s post-conviction relief petition after finding his counsel behaved competently, the 7th Circuit Court of Appeals affirmed Thursday.
Opinions Feb. 23, 2024
Friday opinions
Court of Appeals of Indiana
Fernando Marroquin v. Christina Reagle
23A-MI-2545
Miscellaneous. Reverses Elkhart Superior Court’s grant of summary judgment to the Commissioner of the Indiana Department of Correction Christina Reagle. Finds Indiana Code Section 11-8-8-19(f) doesn’t apply to Fernando Marroquin and that Indiana doesn’t require registration for Class D felony sexual misconduct with a minor. Remands for the entry of summary judgment for Marroquin.
COA affirms 12-year sentence in rape case, but cites double jeopardy in reversing criminal confinement, pair of sexual battery convictions
An Evansville man’s 12-year aggregate sentence for rape and one count of sexual battery was appropriate, given his prior criminal history and the nature of his sex crimes, but his criminal confinement and two additional sexual battery convictions violated his protection against double jeopardy, the Court of Appeals of Indiana has ruled in a partial reversal.