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Opinions Aug. 28, 2023
Monday opinions
Court of Appeals of Indiana
James Andry v. Leo Thorbecke
22A-CT-2942
Civil tort. Reverses the trial court’s order granting Leo Thorbecke leave to file his untimely response and remands for further proceedings on the motion for summary judgment in which the trial court may not consider the late filings. Finds the trial court lacked authority to deviate from the bright-line rule requiring the timely filing of materials opposing summary judgment. Also finds Trial Rule 72(E) offers no relief to Thorbecke under the circumstances presented.
IN Supreme Court suspends attorney after failure to cooperate with investigation
| IL Staff
A Daviess County attorney has been suspended from practicing law in Indiana, due to noncooperation with the Indiana Supreme Court Disciplinary Commission.
Retirement ceremony to honor Wentworth
| IL Staff
Outgoing Indiana Tax Court Judge Martha Blood Wentworth’s retirement ceremony has been set for later this week. The ceremony will be livestreamed at 2 p.m. on Aug. 30.
DOJ announces 718 enforcement actions in latest COVID fraud crackdown
| IL Staff
There were 718 enforcement actions related to $836 million in alleged COVID-19 fraud over the latest three-month period of enforcement, the U.S. Department of Justice said last week in announcing the results of efforts to combat pandemic-related fraud.
‘Bright-line rule’ precluded accepting untimely response to summary judgment motion, COA rules in reversal
A man’s late response to a motion for summary judgment should not have been accepted, even though it wasn’t electronically delivered to counsel because of a “technical error,” the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
ACLU of Indiana sues DOC, alleging constitutional violations for not providing gender-affirming surgery
The American Civil Liberties Union of Indiana has filed a lawsuit against the Indiana Department of Correction, claiming the DOC won’t provide gender-affirming surgery for an incarcerated transgender woman.
Trump lawyers back in DC court as two sides differ over trial date in election subversion case
Lawyers for Donald Trump were back in court Monday as a federal judge considers radically conflicting proposals for a trial date in the case accusing him of working to overturn the results of the 2020 presidential election.
Indianapolis police say officer killed machete-wielding man
An Indianapolis police officer shot and killed a man after he allegedly charged at officers with a machete during a stand-off.
Worker shortage leads firms to hire more ex-offenders
Amid a nationwide worker shortage, central Indiana employers are increasingly taking a chance on new hires who have been arrested or convicted of a crime.
Law firms see growing demand for advice on environmental, social investing issues
Law firms in Indiana and across the globe are seeing increasing demand for legal advice on initiatives that measure corporate responsibility in the areas of environmental impact, social concerns and corporate governance.
State asks 7th Circuit to vacate injunction on law banning gender transitions for minors
The state has filed an appellant brief with the 7th Circuit Court of Appeals and is requesting that the court vacate a district court injunction that preliminarily enjoined a law that would have banned gender transition procedures for Indiana minors.
Former Johnson County judge pleads guilty, sentenced on OWI charge
A former Johnson County judge pleaded guilty earlier this month to a misdemeanor charge of operating a vehicle while intoxicated and endangering a person in a case stemming from a Feb. 9 incident.
Opinions Aug. 25, 2023
Friday opinions
Court of Appeals of Indiana
Jane C. Irby v. Michael A. Spear (mem. dec.)
22A-PL-2968
Civil plenary. Affirms the Clark Superior Court’s judgment that Jane Irby did not own certain property by adverse possession. Finds Irby did not meet her burden of proving the elements of adverse possession by clear and convincing evidence. Also finds the trial court was able to consider the recorded instruments, photographs and tax statements, as well as the parties’ thorough testimony, and the trial judge visited the site.
Robing ceremony for new COA Judge Felix set for Thursday
| IL Staff
Judge Paul Felix, the newest judge on the Court of Appeals of Indiana, will have his robing ceremony at 2 p.m. Thursday in the Indiana Supreme Court courtroom at the Statehouse.
Reggie Bush sues NCAA for defamation, wants Heisman Trophy back
Former University of Southern California star running back Reggie Bush is suing the NCAA for defamation related to a 2021 statement from college sports’ governing body about a “pay-for-play arrangement” Bush says was directed at him.
Utility regulator staffer leaving to work as industry lobbyist
The Indiana Utility Regulatory Commission’s chief of staff will soon leave the agency to lobby for an electric utility group.
Backers blast approved ballot language for Ohio’s fall abortion amendment as misleading
The Ohio Ballot Board approved language Thursday for a fall measure seeking to establish abortion access as a fundamental right, but one Democratic member blasted it as “rife with misleading and defective language.”
Mug shot of Donald Trump shows scowling former president during speedy booking at Atlanta jail
A scowling Donald Trump posed for a mug shot Thursday as he surrendered inside a jail on charges that he illegally schemed to overturn the 2020 election in Georgia, creating a historic and humbling visual underscoring the former president’s legal troubles.
GOP support for gun restrictions slips a year after Congress passed firearms law
Republican support for gun restrictions is slipping a year after Congress passed the most comprehensive firearms control legislation in decades with bipartisan support, according to a poll from The Associated Press-NORC Center for Public Affairs Research.
