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Opinions June 15, 2023

June 15, 2023

United States of America ex rel. Michelle Calderon v. Carrington Mortgage Services LLC
22-1553
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Affirms the district court’s grant of summary judgment in favor of Carrington Mortgage Services. Finds Michelle Calderon did not proffer evidence that would permit a reasonable trier of fact to find that Carrington’s violations of the False Claims Act caused any harm to the U.S. Department of Housing and Urban Development. Also finds the district court did not abuse its discretion in excluding portions of Calderon’s expert testimony.

Lawsuit against mortgage company falls short of False Claims Act standards, COA affirms

June 15, 2023 | Tyler Fenwick

A former mortgage company employee who sued the company for allegedly falsifying loans in order to get federal insurance endorsement did not meet all of the criteria in the False Claims Act, the 7th Circuit Court of Appeals has ruled.

Barnes & Thornburg foundation awards $50K grant to South Bend child development center

June 15, 2023 | IL Staff

The Barnes & Thornburg Racial and Social Justice Foundation has awarded a $50,000 grant to El Campito Child Development Center in South Bend.

FHCCI releases new report on tenant screening barriers

June 15, 2023 | IL Staff

The Fair Housing Center of Central Indiana has released its newest report, “The State of Fair Housing in Indiana – No Way Home: Tenant Screening Barriers to Housing,” which documents the struggles and barriers for area residents in securing rental housing.

In affirmative action and student loan cases, some see backlash to racial progress in education

June 15, 2023 | Associated Press

As a Black student who was raised by a single mother, Makia Green believes she benefited from a program that gave preference to students of color from economically disadvantaged backgrounds when she was admitted over a decade ago to the University of Rochester.

Ex-Starbucks manager awarded $25.6M in suit over firing

June 15, 2023 | Associated Press

Jurors in federal court have awarded $25.6 million to a former Starbucks regional manager who alleged that she and other white employees were unfairly punished after the high-profile arrests of two Black men at a Philadelphia location in 2018.

Ex-US congressman seeks no prison time at July sentencing for insider trading conviction

June 15, 2023 | Associated Press

A former Indiana congressman should spend no time in prison after his insider trading conviction, his lawyers told a judge Wednesday.

Man released after arrest for allegedly setting fire in lobby at northwestern Indiana jail

June 15, 2023 | Associated Press

A 26-year-old man has been released after being misidentified as the person who walked into a northwestern Indiana jail, poured an accelerant on the floor and started a small fire, court records say.

COA affirms declaratory judgment in case involving Clinton Co. sheriff who hired wife as jail matron

June 14, 2023 | Daniel Carson

The Court of Appeals of Indiana affirmed a trial court’s declaratory judgment in a case involving Clinton County’s sheriff and his wife.

Opinions June 14, 2023

June 14, 2023

Linda Gierek, et al. v. Anonymous 1, et al.
22A-CT-01225
Civil tort. Affirms the Elkhart Superior Court’s ruling that the Indiana Medical Malpractice Act applies to the plaintiffs’ claims. Finds the alleged torts are based on health care provided by the hospital. Reverses the trial court’s ruling that it didn’t have subject matter jurisdiction. Finds granting a motion for class certification would not exceed the scope of the trial court’s subject matter jurisdiction. Remands for a consideration of the plaintiffs’ motions for class certification.

Indiana Medical Malpractice Act applies to claims in surgical procedures case, COA affirms

June 14, 2023 | Tyler Fenwick

The Indiana Medical Malpractice Act applies to claims in a consolidated class-action lawsuit concerning a hospital technician’s failure to sterilize surgical equipment, the Court of Appeals of Indiana has ruled in partially affirming a lower court’s decision.

COA reverses and dismisses medical negligence case

June 14, 2023 | Alexa Shrake

An injured high school student needed to submit her complaint to a medical review panel before she presented it to a trial court, the Court of Appeals of Indiana ruled Wednesday in reversing and dismissing a case that alleged negligence.

 

COA affirms denial of post-conviction petition in sex crimes case

June 14, 2023 | Daniel Carson

The Court of Appeals of Indiana denied a man’s post-conviction appeal Wednesday of his conviction and sentence for sexual misconduct with a minor, affirming that he received effective assistance from counsel and knowingly pleaded guilty in the case.

Marijuana, taxes among interim study committee topics

June 14, 2023 | Indiana Capital Chronicle

Legislators will spend their interim break studying various topics of interest, including the impacts of cannabis legalization on the workforce and possible tax reform.

Trump pleads not guilty to federal charges that he illegally kept classified documents

June 14, 2023 | Associated Press

Donald Trump became the first former president to face a judge on federal charges as he pleaded not guilty in a Miami courtroom Tuesday to dozens of felony counts accusing him of hoarding classified documents and refusing government demands to give them back.

Indiana man gets 40 years in prison after guilty but mentally ill plea in mother’s death

June 14, 2023 | Associated Press

A western Indiana man who pleaded guilty but mentally ill to a felony charge stemming from his mother’s fatal stabbing has been sentenced to 40 years in prison.

No legislative discipline in sight for Indiana lawmaker who admitted drunken driving

June 14, 2023 | Associated Press

An Indiana state lawmaker isn’t facing any immediate legislative discipline after pleading guilty to drunken driving charges for crashing his pickup truck through an interstate highway guardrail and driving away.

Opinions June 13, 2023

June 13, 2023

Court of Appeals of Indiana

Netflix Inc., Disney DTC LLC, Hulu LLC, DIRECTTV LLC, Dish Network Corp., and Dish Network L.L.C. v. City of Fishers, Indiana, City of Indianapolis, Indiana, City of Evansville, Indiana, and City of Valparaiso, Indiana on behalf of themselves and all others similarly situated
22A-PL-1630
Civil plenary. Affirms the Marion Superior Court’s authority to hear the case pursuant to Indiana Declaratory Judgment Act. Finds the streaming services meet the requirements of the IDJA and the trial court properly exercised jurisdiction. Remands with instructions to vacate the denials of the streaming services’ motions to dismiss.

Trial court has jurisdiction over complaint against streaming services, COA affirms

June 13, 2023 | Alexa Shrake

The Court of Appeals of Indiana affirmed and remanded a case in which four Indiana cities allege streaming services are subjected to requirements of the Indiana Video Service Franchises Act, ruling that Marion Superior Court has the authority to hear the case.

COA grants rehearing, but reaffirms conspiracy to commit murder conviction

June 13, 2023 | Daniel Carson

The Court of Appeals of Indiana granted a rehearing Tuesday and corrected a factual error in an opinion issued in April, but the court otherwise reaffirmed its ruling that there was sufficient evidence to support a conspiracy to commit murder conviction.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

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

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

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