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Opinions Dec. 22, 2023

December 22, 2023

Court of Appeals of Indiana
Justin Mercer v. Maribel Vega-Jimenez (mem. dec.)
23A-DC-993
Domestic relations with children. Affirms the Newton Superior Court’s order granting Maribel Vega-Jimenez’s request to modify parenting time. Finds the trial court did not abuse its discretion because it implicitly found modification was in the children’s best interests when it indicated Vega-Jimenez met her burden to modify the parenting time schedule.

JNC certifies, recertifies 67 senior judges for 2024

December 22, 2023 | IL Staff

Two new judges have been certified as senior judges while 65 existing senior judges have been recertified for 2024.

Justices split in denying transfer to case where sexual misconduct convictions were overturned

December 22, 2023 | IL Staff

The Indiana Supreme Court denied transfer to 16 cases last week, splitting in the denial to one case involving a man whose convictions of sexual misconduct with a minor were overturned on double jeopardy grounds.

Elkhart, former law enforcement officers to pay $11.7M to settle Royer wrongful conviction case

December 22, 2023 | Olivia Covington

The city of Elkhart and several former law enforcement officers have agreed to pay $11,725,000 to settle a wrongful conviction lawsuit filed by a man with an intellectual disability who was exonerated from a murder conviction after nearly 17 years in prison.

For years, he couldn’t donate at the blood center where he worked. Under new FDA rules, now he can

December 22, 2023 | Associated Press

Thanks to new federal guidelines finalized in May, gay and bisexual men in monogamous relationships can now donate at many blood centers around the country without abstaining from sex.

New Mexico prepares for June presidential primary amid challenge to Trump candidacy

December 22, 2023 | Associated Press

New Mexico’s major political parties are scheduled to certify presidential contenders to appear on the state’s June 4 primary ballot, amid uncertainty about whether Donald Trump can be barred from contention by any state under anti-insurrection provisions of the U.S. Constitution.

Cummins agrees to pay nearly $1.7B to settle federal Clean Air Act investigation

December 22, 2023 | Susan Orr, Indianapolis Business Journal

Cummins Inc. will pay $1.675 billion to settle allegations that the engine-maker violated the Clean Air Act, the company announced Friday.

 

Biden is pardoning thousands convicted of marijuana charges on federal lands and in Washington

December 22, 2023 | Associated Press

President Joe Biden is making thousands of people who were convicted of use and simple possession of marijuana on federal lands and in the District of Columbia eligible for pardons, the White House said Friday.

Klineman appointed to fill Welch’s upcoming vacancy on commercial court

December 21, 2023 | Alexa Shrake

In preparation for Marion Superior Judge Heather Welch’s retirement in February, the Indiana Supreme Court has appointed her replacement as a commercial court judge.

Opinions Dec. 21, 2023

December 21, 2023

Court of Appeals of Indiana
Lake Imaging LLC v. Franciscan Alliance Inc. f/d/b/a Saint Margaret Mercy Health Care Centers
22A-CT-2783
Civil tort. Affirms the Johnson Superior Court’s summary judgment on remand in favor of Franciscan Alliance Inc. f/d/b/a Saint Margaret Mercy Health Care Centers on its claim from Lake Imaging’s contract to provide radiology services. Finds the trial court properly declined to apply the Professional Services Statute’s two-year statute of limitations period and properly entered summary judgment in favor of Franciscan on its indemnification claim.

Proper statutory framework not used in granting of parental rights termination order, COA rules in reversal

December 21, 2023 | Daniel Carson

The Court of Appeals of Indiana reversed an order to terminate an incarcerated man’s parental rights Thursday, ruling that a lower court interpreted the phrase “act of rape” too broadly and didn’t consider whether the man committed an act described in the state’s rape statute.

Rush attends funeral, honors late U.S. Supreme Court Justice Sandra Day O’Connor

December 21, 2023 | IL Staff

Indiana Chief Justice Loretta Rush paid tribute to the first woman on the nation’s highest court as she attended a funeral service for the late Justice Sandra Day O’Connor.

Franciscan’s indemnification claim against radiology provider not barred by statute of limitations, COA affirms

December 21, 2023 | Daniel Carson

A company that provides radiology services had a contractual duty to indemnify Franciscan Alliance, Inc. after the hospital system settled a medical malpractice claim brought about by alleged negligent care that resulted in a man’s death, the Court of Appeals of Indiana affirmed Thursday.

Rudy Giuliani files for bankruptcy days after being ordered to pay $148 million in defamation case

December 21, 2023 | Associated Press

Rudy Giuliani has filed for bankruptcy, days after being ordered to pay $148 million in a defamation lawsuit brought by two former election workers in Georgia who said his targeting of them led to death threats that made them fear for their lives

Legalized sports betting continued to grow in 2023, though some significant states remain resistant

December 21, 2023 | Associated Press

Legalized sports betting continued its expansion this year while also factoring into scandals in college athletics and suspensions in the NFL for players who violated the league’s gambling policy.

sports-betting-450bp

Early learning committee recommends new child care standards

December 21, 2023 | Indiana Capital Chronicle

The Early Learning Advisory Committee (ELAC) voted Wednesday to advance a new set of standards for evaluating child care centers around the state, with an anticipated three-year rollout starting in 2024.

Supreme Court will hear challenge to EPA rule limiting downwind power plant pollution in 10 states

December 21, 2023 | Associated Press

The Supreme Court will hear arguments in February on whether the Environmental Protection Agency can continue enforcing its anti-air-pollution “good neighbor” rule in 10 states.

Trump transformed the Supreme Court. Now the justices could decide his political and legal future

December 21, 2023 | Associated Press

Donald Trump touts his transformation of the U.S. Supreme Court as one of his presidency’s greatest accomplishments. Now his legal and political future may lie in the hands of the court he pushed to the right.

Split COA reverses denial of motion for discharge

December 20, 2023 | Alexa Shrake

A trial court should’ve granted a man’s motion for discharge after his drug-related trial was continued multiple times, a split Court of Appeals of Indiana ruled in a reversal.

Indy attorney disbarred after ‘abandoning’ his practice

December 20, 2023 | Daniel Carson

An Indianapolis attorney has been disbarred for his lengthy history of misconduct, which included charging and collecting unreasonable fees, engaging in deceitful behavior and ultimately abandoning his immigration law practice.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • ‘Get involved.’ Indiana judges, attorneys offer advice for new lawyers

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

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