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Opinions Sept. 6, 2023

September 6, 2023

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
A.B. and D.B., individually and as parents of C.B., a disabled minor v. Brownsburg Community School Corporation
22-1277
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Reverses the district court’s denial of attorney fees to A.B. and D.B. Finds A.B. and D.B. were the prevailing party in an administrative proceeding. Also finds attorney fees could be awarded. Remands for further consideration.

IN Supreme Court finds court reporter in contempt for delays, failure to comply with orders

September 6, 2023 | Daniel Carson

The Indiana Supreme Court has found an Allen County court reporter in contempt for her repeated delays in filing a requested court transcript and her failure to comply with the court’s orders.

Man convicted in second trial after mistrial faced double jeopardy, split COA rules in reversal

September 6, 2023 | Tyler Fenwick

A man convicted and sentenced for sexual misconduct with a minor following a mistrial faced double jeopardy in the subsequent trial, a split Court of Appeals of Indiana has ruled in reversing a lower court’s decision.

Parents were prevailing party in administrative proceeding, could be awarded attorney fees, 7th Circuit rules in reversal

September 6, 2023 | Tyler Fenwick

Because the parents of a child with disabilities were the prevailing party in an administrative proceeding, attorney fees could be awarded to them, the 7th Circuit Court of Appeals ruled in reversing a trial court’s decision.

Proud Boys’ Enrique Tarrio gets record 22 years in prison for Jan. 6 seditious conspiracy

September 6, 2023 | Associated Press

Former Proud Boys leader Enrique Tarrio was sentenced Tuesday to 22 years in prison for orchestrating a failed plot to keep Donald Trump in power after the Republican lost the 2020 election.

Legal fights over voting districts could play role in control of Congress for 2024

September 6, 2023 | Associated Press

Though much remains to be settled, there’s a good chance congressional districts will be changing in numerous states.

Millions enrolled in new student loan repayment program

September 6, 2023 | Indiana Capital Chronicle

More than 4 million federal student loan borrowers are enrolled in the Biden administration’s new repayment program, according to figures released Tuesday by the U.S. Department of Education.

EPA delays new ozone pollution standards until after 2024 election

September 6, 2023 | Associated Press

The Environmental Protection Agency is delaying plans to tighten air quality standards for ground-level ozone—better known as smog—despite a recommendation by a scientific advisory panel to lower air pollution limits to protect public health.

ACLU of Indiana sues IN BMV commissioner, claims new state law discriminates based on national origin

September 5, 2023 | Alexa Shrake

The American Civil Liberties Union of Indiana and the National Immigration Law Center have filed a lawsuit in federal court that challenges the constitutionality of a new state law, claiming it discriminates based on national origin.

COA reverses, remands trial court decision after finding enforcement of clause determining jurisdiction would not be ‘just or reasonable’

September 5, 2023 | Alexa Shrake

The Court of Appeals of Indiana reversed a trial court’s judgment that granted a motion to dismiss in a case involving extensive damages and cleanup at a southwest Indiana poultry processing plant.

IN Tax Court affirms review board’s decision in Elkhart property assessment dispute

September 5, 2023 | Daniel Carson

An Elkhart multibuilding apartment property’s disputed tax assessments for 2016, 2017 and 2018 should revert to the property’s 2015 assessed value, the Indiana Tax Court affirmed Friday in upholding the Indiana Board of Tax Review’s ruling.

Special verdict form in ADA case was not erroneous, 7th Circuit affirms

September 5, 2023 | Tyler Fenwick

A special verdict form that a federal jury used to rule against a former Costco employee was not erroneous, the 7th Circuit Court of Appeals ruled in affirming a lower court’s decision.

Wildeman sworn in as magistrate judge in Southern District

September 5, 2023 | IL Staff

Crystal Wildeman was sworn in as magistrate judge for the U.S. District Court for the Southern District of Indiana at a private ceremony, the court announced Friday.

Former Plainfield officer accused of coercion

September 5, 2023 | Tyler Fenwick

A former Plainfield police officer has been charged with Level 6 official misconduct and Class A false informing for allegedly attempting to coerce a person to make false accusations against another police officer.

Opinions Sept. 5, 2023

September 5, 2023

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Karen R. Hirlston v. Costco Wholesale Corporation
22-2067
Civil. Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Affirms the district court’s judgment and the jury’s finding. Finds the district court did not abuse its discretion in allowing both plaintiff and defendant to introduce a few photographs of the workplace that had not been disclosed in discovery and sees no risk of unfair prejudice. Also finds Karen Hirlston forfeited her appellate challenge to the jury instruction by failing to make a timely objection.

Hendricks Co. judge reschedules DCS hearing for possible contempt

September 5, 2023 | Tyler Fenwick

The state is asking a Hendricks County judge to vacate a hearing scheduled for Wednesday where Indiana Department of Child Services Director Eric Miller has been ordered to attend and explain why the department shouldn’t be held in contempt.

Submissions still open for 2024 Corporate Counsel Guide

September 5, 2023 | IL Staff

Indiana Lawyer is continuing to accept submissions for its 2024 Corporate Counsel Guide. Submissions for the 2024 guide can be made online through Sept. 29.

 

As sports betting spikes, help for problem gamblers expands in some states

September 5, 2023 | Associated Press

When the NFL season kicks off this week, Kentucky residents and visitors will be able to legally place sports bets on something other than horse racing. some of that money will also fund the state’s first-ever program for people with gambling problems.

sports-betting-450bp

Congress returns to try to prevent a government shutdown while the GOP weighs an impeachment inquiry

September 5, 2023 | Associated Press

Lawmakers are returning to Capitol Hill to try to avert a government shutdown, even as House Republicans consider whether to press forward with an impeachment inquiry into President Joe Biden.

Former Proud Boys leader Enrique Tarrio faces sentencing in the Jan. 6 Capitol attack

September 5, 2023 | Associated Press

Former Proud Boys national chairman Enrique Tarrio will be sentenced on Tuesday for a plot to attack the U.S. Capitol in a failed bid to stop the transfer of presidential power after Donald Trump lost the 2020 election.

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In This Issue

  • More executions? Some doubts rise amid concerns about the high cost of lethal-injection drugs

  • More than 14,000 Hoosiers on electronic monitoring, data shows

  • Nominees Wheeler, Mildred ready to serve as U.S. Attorneys in Indiana

Most Read
  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • Trump selects Wheeler, Mildred as U.S. Attorney nominees in Indiana, Banks says

  • Lawmaker seeks help for mobile home tenants barred from using window A/C units

  • List of new Indiana laws approved this year

  • Justice Ketanji Brown Jackson tells Indy crowd she’s not afraid to use her voice

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