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Opinions Sept. 3, 2014

Indiana Supreme Court
Natural Resources Defense Council v. Poet Biorefining- North Manchester, LLC, Poet Biorefining- Cloverdale, LLC, Central Indiana Ethanol, Inc., et al.
49S02-1405-MI-313
Miscellaneous. IDEM was not required to formally amend Indiana’s state implementation plan with the EPA to effectuate its change in how it interprets the regulatory phrase “chemical process plant.” IDEM’s interpretation to exclude fuel ethanol plants under the definition of “chemical process plant” is legally permissible.

Justices take first impression insurance case

The Indiana Supreme Court has accepted three cases on transfer, including one that divided the Court of Appeals regarding a jury award to the widow of a motorcyclist injured in a crash.

Ex-deputy prosecutor Wyser resigns from bar

Former Marion County deputy prosecutor David Wyser has resigned from the practice of law rather than face proceedings by the Indiana Supreme Court Disciplinary Commission.

COA sets aside auction of mobile homes

The Indiana Court of Appeals reversed the sale of several mobile homes through an auction in Hendricks County after finding the buyer did not comply with statutory requirements regarding timelines for conducting an auction.

Court upholds 3-year sentence for assault on girlfriend

The Indiana Court of Appeals rejected a man’s claim that his decision to waive his right to a jury trial deserves some mitigating consideration when sentencing him. The judges affirmed Timothy McSchooler’s three-year prison sentence for strangling his girlfriend.

Purdue still wants ex-chancellor report secret

Purdue University is continuing efforts to keep secret a report about the ouster of the Fort Wayne campus chancellor, even though federal and state judges have ruled it isn't protected by attorney-client privilege.

US prosecutors from across nation meeting in Indy

Federal prosecutors from across the country are gathering in Indianapolis to discuss ways to reduce the number of guns in the hands of criminals and other violent crime initiatives.

Opinions Sept. 2, 2014

7th Circuit Court of Appeals
James M. Sweeney, et al. v. Gov. Michael Pence, et al.
13-1264
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Civil. Affirms dismissal of union’s lawsuit arguing the Right to Work Act violates union members’ rights under the U.S. Constitution and is preempted by federal labor legislation. The legislation is not preempted by the scheme of federal labor law and does not violate any constitutional rights. Judge Tinder for the majority writes that the controversy of the law needs to be addressed legislatively, not through the courts. Chief Judge Wood dissents.

Steak n Shake can’t force arbitration with disgruntled franchisees

The 7th Circuit Court of Appeals on Friday affirmed that Steak n Shake Enterprises Inc. cannot compel several of its franchisees to engage in nonbinding arbitration regarding claims brought by the franchisees in federal court. Steak n Shake tried to force arbitration after the restaurants already sued over the requirement all restaurants must adhere to company pricing and promotions.

7th Circuit dismisses 3 Latin Kings gang members’ appeals

Because three Latin Kings gang members took plea deals with the government after they were charged with several counts – including conspiracy to participate in racketeering – that limited their ability to appeal, the 7th Circuit Court of Appeals threw out their appeals Friday.

Divided 7th Circuit affirms dismissal of RTW challenge

A split panel on the 7th Circuit Court of Appeals has affirmed the decision by a federal judge in northern Indiana to dismiss a lawsuit brought by a union challenging Indiana’s right-to-work law. The majority concluded the law does not violate the union members’ rights under the U.S. Constitution nor is it preempted by federal labor legislation.

Irsay pleads guilty to misdemeanor in drug case

Indianapolis Colts owner Jim Irsay must submit to drug testing for a year after pleading guilty Tuesday to a misdemeanor count of driving while intoxicated stemming from his arrest after a traffic stop in March.

Supreme Court recommends abolishing Marion County township courts

A report from the National Center for State Courts recommends the nine township small claims venues in Indianapolis transition into a unified section of Marion Superior Courts. The Indiana Supreme Court is asking lawmakers to abolish the current system and unify them with the Superior Courts’ Civil Division effective Jan. 1, 2016.

Same-sex couples seek to have their Indiana marriages recognized

Three same-sex couples who married in the days after Indiana’s marriage law was declared unconstitutional have filed a complaint in federal court, asserting the validity of their unions is not affected by the stay issued from the 7th Circuit Court of Appeals.