IN Supreme Court holding oral arguments June 22
| IL Staff
The Indiana Supreme Court will hold oral arguments for three cases June 22. Two of the three cases were reversed, and one was affirmed by the Court of Appeals of Indiana.
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IN Supreme Court granted no transfers last week
| IL Staff
Indiana Supreme Court justices denied 16 transfer petitions for the week ending June 9. There were no transfers granted.
Court set to rule on Iowa governor’s bid to reinstate strict abortion limits
An Iowa court ruling expected Friday could outlaw most abortions in the state or keep the procedure legal up to 20 weeks of pregnancy, at least for now.
D.C. spending standoff ahead as U.S. House Republicans demand $130 billion in cuts
U.S. House Republicans this week outlined how they would cut $130 billion from the dozen annual government funding bills — producing a plan with significantly lower spending than the level both parties agreed to in the debt limit deal just two weeks ago.
Off-duty Indiana sheriff’s deputy fatally shoots man who pointed rifle at officers
An off-duty sheriff’s deputy fatally shot an armed man in Indiana after he ignored commands to drop a rifle and pointed the weapon at officers, police said.
Indiana attorneys allege poor treatment against man accused of killing two girls
Attorneys for an Indiana man accused of killing two teenage girls six years ago argued before a judge Thursday that the man has been mistreated at the prison he is housed in, requesting relocation to a different facility.
Injunction to stop law banning transgender health care to be decided soon by federal judge
The American Civil Liberties Union of Indiana pressed its case Wednesday for a preliminary injunction to halt a ban on transgender medical treatment for children and teens.
Opinions 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
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
| 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
| 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
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
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
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
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
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
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
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
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
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.