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IN justices grant transfer to med mal case, deny transfer to case involving streaming services

October 17, 2023 | IL Staff

Indiana Supreme Court justices have granted transfer to a medical malpractice case involving a hospital technician’s failure to sterilize surgical equipment.

Criminal contempt defendants entitled to appointment of mental health experts, COA rules

October 17, 2023 | Alexa Shrake

Defendants facing criminal contempt are entitled to the same statutory protections as other criminal defendants, including the right to the appointment of mental health experts, the Court of Appeals of Indiana ruled in a Tuesday reversal.

Texts introduced as evidence in drug conspiracy case were harmless, 7th Circuit rules

October 17, 2023 | Daniel Carson

The admission of a screenshot of a defendant’s texts with a contact during his trial on a drug-related conspiracy charge was harmless and only one piece of an “overwhelming” amount of evidence supporting his conviction, the 7th Circuit Court of Appeals ruled.

smartphone

Republicans reject Rep. Jim Jordan for House speaker on first ballot, but more voting likely

October 17, 2023 | Associated Press

Republicans rejected Rep. Jim Jordan for House speaker on a first ballot Tuesday, as an unexpectedly numerous 20 holdouts denied the hard-charging ally of Donald Trump the GOP majority needed to seize the gavel.

Indianapolis Professional Association fall event to focus on mentorship

October 17, 2023 | IL Staff

The Indianapolis Professional Association’s fall networking event this month will focus on leadership development and mentoring.

Opinions Oct. 17, 2023

October 17, 2023

Court of Appeals of Indiana
Russell G. Finnegan v. State of Indiana
23A-MI-442
Miscellaneous. Reverses the Pulaski Circuit Court’s finding that Russell Finnegan was in indirect criminal contempt of court. Finds the trial court abused its discretion in failing to act on Finnegan’s notice of intent to file an insanity defense and appoint medical personnel to evaluate his mental health and testify at his criminal contempt hearing. Remands for further proceedings.

Appeals court allows Alex Murdaugh to argue for new trial because of possible jury tampering

October 17, 2023 | Associated Press

An appeals court in South Carolina is allowing Alex Murdaugh to ask a judge to throw out his murder convictions and life sentence and get a new trial after his lawyers accused the court clerk in his trial of influencing the jury.

Rust gives big to his campaign for Indiana’s open U.S. Senate seat, but Banks tops total donations

October 17, 2023 | Indiana Capital Chronicle

U.S. Senate candidate John Rust gave big to his own campaign during the third quarter, which he says is a sign that he won’t be propped up by political action committees.

New York judge rejects Indiana ex-U.S. Rep. Steve Buyer’s request to remain free pending appeal

October 17, 2023 | Associated Press

Former U.S. Rep. Steve Buyer cannot defer his surrender next month to serve a nearly two-year prison sentence resulting from his insider trading conviction because there was overwhelming evidence of his crimes, a federal judge said Monday.

SCOTUS orders makers of gun parts to comply with rules on ghost guns

October 17, 2023 | Associated Press

The Supreme Court on Monday ordered two internet sellers of gun parts to comply with a Biden administration regulation aimed at ghost guns, firearms that are difficult to trace because they lack serial numbers.

Supreme Court leaves in place court victory for PETA over North Carolina’s ag-gag law

October 17, 2023 | Associated Press

The U.S. Supreme Court on Monday rejected North Carolina’s appeal in a dispute with animal rights groups over a law aimed at preventing undercover employees at farms and other workplaces from taking documents or recording video.

Settlement over family separations at border limits future separations for 8 years

October 16, 2023 | Associated Press

The federal government would be barred from immigration policies that separate parents from children for eight years under a proposed court settlement announced Monday that also provides families with temporary legal status and short-term housing aid.

Annual court history symposium to discuss Marion Co. jail overcrowding

October 16, 2023 | IL Staff

The 2023 Court History and Continuing Legal Education Symposium in the Indiana Southern District Court will take place next month with a focus on jail overcrowding in Marion County.

School district, ex-wrestling coach who slapped student win summary judgment in federal court

October 16, 2023 | Daniel Carson

A former high school wrestling coach who slapped a student and the school district he worked for have won summary judgment in federal court on claims filed by the student and her mother.

COA affirms rulings against subcontractor in unjust enrichment lawsuit related to NWI BP plant

October 16, 2023 | Tyler Fenwick

A subcontractor that was part of a delayed project at a BP plant in northwest Indiana can’t assert claims against the contractor based on unjust enrichment, the Court of Appeals of Indiana has ruled in affirming a number of decisions from a lower court.

IN Supreme Court accepting amici briefs on Trial Rule 50(A) precedent

October 16, 2023 | IL Staff

The Indiana Supreme Court is inviting amici briefs to be submitted on the question of whether it should clarify or modify its framework regarding motions for judgment on the evidence.

Opinions Oct. 16, 2023

October 16, 2023

Court of Appeals of Indiana
Luse Thermal Technologies, LLC v. Graycor Industrial Constructors, Inc. and BP Products North America, Inc.
23A-PL-633
Civil plenary. Affirms the Lake Superior Court’s grant of partial summary judgment in favor of Graycor Industrial Constructors Inc. on Luse Thermal Technologies Inc.’s request for damages and unjust enrichment claim; the grant of summary judgment in favor of BP Products North America Inc. on Luse’s claims based on the personal liability notice statute and unjust enrichment; the grant of BP’s motion to strike certain evidentiary materials; and the denial of Luse’s partial motion for summary judgment with respect to Graycor’s counterclaim relating to the recovery of certain contractual costs. Finds the trial court did not abuse its discretion in granting BP and Graycor’s motions to strike, nor did it err in granting Graycor and BP’s motions for summary judgment. Also finds genuine issues of material facts remain as to Luse’s motion for partial summary judgment. Finally, finds Graycor’s request for appellate attorney fees is not ripe for review.

Trump has narrow gag order imposed on him by federal judge overseeing 2020 election subversion case

October 16, 2023 | Associated Press

The federal judge overseeing the 2020 election subversion case against Donald Trump in Washington imposed a narrow gag order on him on Monday.

Fishers man faces securities and investment fraud charges

October 16, 2023 | Indianapolis Business Journal Staff

Darrin Blaine of Fishers has been charged with multiple felony counts for his alleged involvement in a fraud scheme that resulted in eight investors losing about $680,000, Indiana Secretary of State Diego Morales announced Friday.

Supreme Court dispute over $15,000 IRS bill may be aimed at never-enacted tax on billionaires

October 16, 2023 | Associated Press

Charles and Kathleen Moore are about to have their day in the U.S. Supreme Court over a $15,000 tax bill they contend is unconstitutional.

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In This Issue

  • Rise in law firm mergers expected to continue

  • Attorneys, clients feel impacts of government shutdown

  • Environmental attorneys keep eye on Trump policies

Most Read
  • Indiana seeing limited impact from government shutdown, at least so far

  • Indy attorney suspended for third time after sentencing for drug possession

  • IN Supreme Court suspends Crown Point attorney for failing to provide competent representation 

  • How one post on Facebook could clarify free speech rights

  • Convenience store mergers zooming this year, Indiana attorneys say

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