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Spending clause questions remain even as SCOTUS finds individually enforceable rights under federal nursing home law, allowing case against HHC to continue

June 8, 2023 | IL Staff

The Federal Nursing Home Reform Act creates individually enforceable rights, meaning a lawsuit against the Health & Hospital Corporation of Marion County can continue. But questions remain as to citizens’ ability to sue enforce spending clause statutes.

Noblesville middle school shooter who wounded teacher, student in 2018 will remain in custody

June 8, 2023 | Associated Press

A judge on Wednesday ordered a former student who opened fire at an Indiana middle school in 2018, wounding another student and a teacher, to remain in custody until an investigation of a separate assault allegation against the teenager is completed.

Justice Jackson reports flowers from Oprah, designer clothing as Thomas delays filing disclosure

June 8, 2023 | Associated Press

Justice Ketanji Brown Jackson disclosed Wednesday that she received a $1,200 congratulatory floral display from Oprah Winfrey and $6,580 in designer clothing for a magazine photo shoot in her first months as the first Black woman on the Supreme Court.

Biden vetoes bill to cancel student debt relief

June 8, 2023 | Associated Press

President Joe Biden on Wednesday vetoed legislation that would have canceled his plan to forgive student debt.

House Republicans pull back contempt charge against FBI director Wray over Biden doc

June 8, 2023 | Associated Press

The Republican chairman of the House Oversight Committee on Wednesday called off a vote on a contempt of Congress charge against FBI Director Christopher Wray.

Robb granted senior judge status ahead of retirement

June 7, 2023 | IL Staff

As she prepares to retire after 25 years on the appellate bench, Court of Appeals of Indiana Judge Margret Robb has been granted certification as a senior judge.

Judge rules children of ex-fertility doc Cline can proceed with 3 claims against Netflix, dismisses 2 others

June 7, 2023 | Tyler Fenwick

Children who were fathered by disgraced Indianapolis fertility specialist Donald Cline can proceed with three of their claims against Netflix and a production company, but a federal judge dismissed identity deception and theft claims.

Opinions June 7, 2023

June 7, 2023

Court of Appeals of Indiana
IBYH, LLC v. Masiongale Electrical-Mechanical, Inc. (mem. dec.)
22A-PL-2945
Civil plenary. Affirms the denial of IBYH LLC’s motion to correct error, which challenged a grant of summary judgment in favor of Masiongale Electrical-Mechanical Inc. Finds the Delaware Circuit Court did not improvidently grant summary judgment to Masiongale.

Anderson newspaper wins dismissal of discrimination complaint filed by Black journalist, but without prejudice

June 7, 2023 | Olivia Covington

A Black journalist who called a local school board member a white supremacist then accused leadership at the Anderson newspaper of race and gender discrimination will have one more chance to amend her complaint after a judge dismissed it without prejudice.

Pence opens presidential bid with broad critiques of Trump over Jan. 6 insurrection, abortion

June 7, 2023 | Associated Press

Mike Pence opened his presidential bid with an unusually forceful critique of former President Donald Trump over Jan. 6, his temperament and abortion on Wednesday as he became the first vice president in modern history to challenge his former running mate.

Judge grants class action certification for RFRA-based lawsuit against Indiana abortion ban

June 7, 2023 | Indiana Capital Chronicle and IL Staff

A lawsuit that seeks to strike down the state’s near-total abortion ban on the basis of Indiana’s controversial religious freedom law was certified Tuesday as a class action by a Marion Superior Court judge.

Fort Wayne man charged with felony in harassment of Congressman Banks

June 7, 2023 | Indiana Capital Chronicle

Allen County prosecutors charged a Fort Wayne man with intimidation and harassment of Congressman Jim Banks after he allegedly threatened the elected representative and his family.

Ex-Indiana attorney general Hill eyes GOP governor’s race after groping case derailed 2020

June 7, 2023 | Associated Press

Former Indiana Attorney General Curtis Hill is considering whether to join the 2024 Republican governor’s race, nearly three years after his reelection bid was derailed by allegations that he drunkenly groped four women during a party.

After hearing his sentence, Columbus man bolts from courtroom before capture

June 7, 2023 | Associated Press

A man sentenced to 200 days in jail for a probation violation bolted from a southern Indiana courtroom and tried to escape before two shocks from a stun gun brought him down, police said.

Q&A with 2023 ITLA President Emily Guenin-Hodson

June 6, 2023

Tell me about your educational background and your career up to this point. I was born in Wabash, Indiana, and went to high school here at Northfield (Jr./Sr. High School), and then I went on to Butler University for undergrad. I double majored in English and philosophy. And then I went to IU Mauer School […]

14 IU Maurer, McKinney students participating in 2023 Rural Justice Initiative

June 6, 2023 | IL Staff

A total of 14 students from the Indiana University Robert H. McKinney School of law and the IU Maurer School of Law are assisting rural county judges, prosecutors and public defenders this summer as part of the Rural Justice Initiative.

Notre Dame Law dean Cole receives Legal Service Award from Becket Fund for school’s Religious Liberty Initiative

June 6, 2023 | IL Staff

University of Notre Dame Law School Dean G. Marcus Cole has been awarded the 2023 Legal Service Award from the Becket Fund for Religious Liberty.

notredame-bp-2col.jpg

IN Southern District Court sponsors CLE on representation of domestic violence victims

June 6, 2023 | IL Staff

The U.S. District Court for the Southern District of Indiana is sponsoring a continuing legal education opportunity for attorneys on modest means and pro bono representation of victims of domestic violence in Indiana.

judges-courthouse-4670-2col.jpg

Opinions June 6, 2023

June 6, 2023

Court of Appeals of Indiana
H.P. and S.P. v. G.F.
22A-AD-2674
Adoption. Reverses the Hendricks Superior Court’s judgment granting G.F. grandparent visitation with K.F. Finds G.F. no longer has standing to seek grandparent visitation and his attempt to regain standing by attacking the adoption decree is fruitless given the applicable statute of limitations. Also finds the trial court erred by addressing the merits of the grandfather’s claim for grandparent visitation under the Grandparent Visitation Act.

First Democrat emerges in race for Braun’s Senate seat

June 6, 2023 | Indiana Capital Chronicle

Longtime public figure Marc Carmichael said he will campaign for Indiana’s open U.S. Senate seat in 2024 — the first Democrat to announce for the seat currently held by Sen. Mike Braun, who is stepping down to run for governor.

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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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