Klineman appointed to fill Welch’s upcoming vacancy on commercial court
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.
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Opinions Dec. 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
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
| 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
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
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
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.
Early learning committee recommends new child care standards
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
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
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
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
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.
COA reverses, remands to set aside expired body attachment writ
A body attachment writ was expired when its subject was arrested, the Court of Appeals of Indiana ruled in reversing the denial of the subject’s motion to set aside the writ.
Closing the gap? New data show some women GCs making more than male counterparts
For the first time, certain groups of women in general counsel positions are being compensated more than their male counterparts.
Opinions Dec. 20, 2023
Court of Appeals of Indiana
Lacey Ann Murphy v. William Cook
23A-SC-1614
Small claims. Reverses the denial of Lacey Ann Murphy’s Motion to Set Aside Body Attachment. Finds the requirements of Indiana Trial Rule 64(A) were not satisfied and the body attachment was expired. Remands with instructions to grant Murphy’s motion.
ALJ not required to consult additional medical expert in denial of disability benefits, 7th Circuit affirms
An administrative law judge was correct in denying disability insurance benefits to a man who waited more than 18 months to see a doctor after hurting his back at work, the 7th Circuit Court of Appeals affirmed Tuesday.
‘Get your house in order’: Lawmakers admonish gambling regulation agency, which defends processes
Key Republican lawmakers on Tuesday scolded the Indiana Gaming Commission over how it levies fines and more — threatening to take legislative action if changes aren’t made.
Covering $1B shortfall in Medicaid forecasting means dipping into reserves
The state’s April Medicaid expenditure forecast missed the mark by roughly $984 million due to a combination of state budget reversions and unexpected growth of services for aging and disabled Hoosiers.
Donald Trump banned from Colorado ballot in historic ruling by state’s Supreme Court
A divided Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot.
Lawsuit alleges Wisconsin Bar Association minority program is unconstitutional
A conservative law firm filed a federal lawsuit Wednesday alleging that the State Bar of Wisconsin’s “diversity clerkship program” unconstitutionally discriminates based on race.
