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COA again declines to order recusal of Elkhart Co. judge in post-conviction proceedings

October 24, 2023 | Daniel Carson

The Court of Appeals of Indiana has once again declined to order an Elkhart County judge to recuse herself from a post-conviction case based on allegations of prejudice stemming from previous wrongful-conviction proceedings.

States sue Meta, claiming its social platforms are addictive, harm children’s mental health

October 24, 2023 | Associated Press

Dozens of states including Indiana are suing Meta Platforms Inc. for harming young people’s mental health and contributing to the youth mental health crisis by knowingly designing features on Instagram and Facebook that addict children to the platforms.

Jenna Ellis becomes latest Trump lawyer to plead guilty over efforts to overturn Georgia’s election

October 24, 2023 | Associated Press

Attorney and prominent conservative media figure Jenna Ellis pleaded guilty on Tuesday to a felony charge over efforts to overturn Donald Trump’s 2020 election loss in Georgia, tearfully telling the judge she looks back on that time with “deep remorse.”

Judicial Nominating Commission certifies 4 senior judges, recertifies 21 others

October 24, 2023 | IL Staff

The Indiana Judicial Nominating Commission has certified four new senior judges and recertified 21 others.

Republicans pick Tom Emmer as nominee for House speaker as they try for 3rd time

October 24, 2023 | Associated Press

Republicans picked Rep. Tom Emmer as their nominee for House speaker on Tuesday, as they try for a third time to fill the top leadership position and get Congress back to work.

Sen. Menendez enters not guilty plea to a new conspiracy charge

October 24, 2023 | Associated Press

U.S. Sen. Bob Menendez returned to Manhattan federal court Monday to challenge a new criminal charge alleging that he conspired to act as an agent of the Egyptian government when he chaired the Senate Foreign Relations Committee.

Michael Cohen, Trump’s ex-fixer, takes stand against him at New York civil fraud trial

October 24, 2023 | Associated Press

Five years after publicly turning on Donald Trump, his former fixer Michael Cohen faced off with him Tuesday at the civil fraud trial that threatens to upend the ex-president’s real estate empire.

New performance report cards go live on each Indiana school’s website, replacing A-F grades

October 24, 2023 | Indiana Capital Chronicle

To increase transparency around Indiana students’ education performance, new report cards issued by the state education department are now required to be posted on nearly every Hoosier school’s website.

M&A Monthly

Opinions Oct. 23, 2023

October 23, 2023

Court of Appeals of Indiana
Richard Dolsen Jr. v. VeoRide Inc.
23A-CT-945
Civil tort. Reverses the Allen Superior Court’s entry of summary judgment in VeoRide’s favor. Finds that genuine issues of material fact exist regarding whether VeoRide’s failure to warn Richard Dolsen of the condition and the risk involved was a breach of duty and a failure to exercise reasonable care under the circumstances pursuant to Restatement Section 342(b). Remands for further proceedings.

Questions over company’s duty to warn firefighter leads to COA reversal of summary judgment

October 23, 2023 | Alexa Shrake

There were genuine issues of material fact concerning a Fort Wayne firefighter’s complaint against an electric scooter company for failing to warn him about a gap in a wall, the Court of Appeals of Indiana ruled Monday.

COA affirms man’s murder, attempted murder convictions, finds no reversible error committed in admitting exhibits over hearsay objections

October 23, 2023 | Daniel Carson

Text messages and rap lyrics introduced over a man’s hearsay objections were admissible and there was sufficient evidence for his murder and attempted murder convictions and 143-year aggregate sentence, the Court of Appeals of Indiana ruled Monday.

State wins restraining order against Fishers attorney for alleged Ponzi scheme

October 23, 2023 | Tyler Fenwick

A Hamilton County judge has granted the state’s motion for an emergency temporary restraining order against a Fishers attorney who allegedly defrauded people in a Ponzi scheme related to securities.

NAWJ conference brings judges, law students to Indianapolis

October 23, 2023 | Tyler Fenwick

There were about 200 attendees, including dozens of international judges, at the 2023 National Association of Women Judges annual conference in Indianapolis earlier this month.

This procedure is banned in the US. Why is it a hot topic in fight over Ohio’s abortion amendment?

October 23, 2023 | Associated Press

With Election Day closing in, anti-abortion groups seeking to build opposition to a reproductive rights measure in Ohio are messaging heavily around a term for an abortion procedure that was once used later in pregnancy but isn’t legal in the U.S.

Search for suspect in fatal shooting of Maryland judge continues for a fourth day

October 23, 2023 | Associated Press

A manhunt for a suspect in the fatal shooting of a Maryland judge continued for a fourth day Sunday as authorities completed their search of an area where the suspect’s SUV was found.

Replacing income tax with sales tax hike would cost poor Hoosiers more, experts say

October 23, 2023 | Indiana Capital Chronicle

Axing Indiana’s individual income tax and replacing just half the revenue with a sales tax hike would cost the state’s poorest residents an additional $62 and hand the top 1% of earners a $30,000 tax cut, a think tank told state lawmakers Friday.

Feds select Indiana to be biotech hub, making it eligible for millions in funding

October 23, 2023 | Peter Blanchard, Indianapolis Business Journal

Indiana has been chosen for one of 31 technology hubs across the United States that will support growth in industries considered vital to economic development and national security.

Judge denies motion to dismiss complaint brought by employee whose wife’s insurance was canceled just before cancer surgery

October 20, 2023 | Daniel Carson

A man’s complaint against his employer after insurance coverage for his child and wife, who has breast cancer, was canceled can proceed with his claim after a federal judge denied the company’s motion to dismiss.

Marion Superior Judge Welch to retire in February; applications open to fill vacancy

October 20, 2023 | IL Staff

The Marion County Judicial Selection Committee is accepting applications for an upcoming court vacancy, which will open when Judge Heather A. Welch retires in February.

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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

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

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

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

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

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