Insurance broker who stole $1.2M in Ponzi scheme sentenced to 51 months
| IL Staff
An insurance broker who stole more than $1.2 million from clients has been sentenced to more than four years in federal prison.
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Company that personalizes products shouldn’t be considered manufacturer in fire damage case, COA affirms
A promotional company that personalizes products shouldn’t be considered the manufacturer of a defective charger that caused a fire, the Court of Appeals of Indiana ruled in affirming a lower court’s decision.
Opinions June 9, 2023
Court of Appeals of Indiana
Erie Insurance Exchange v. Myron Corporation
22A-CT-2699
Civil tort. Affirms the Montgomery Superior Court’s denial of Erie Insurance Exchange’s motion to consider Myron Corporation as the manufacturer of a power bank charger in order to apply strict liability, and the trial court’s grant of Myron’s motion to dismiss Erie’s strict liability claim. Finds Erie failed to establish a genuine issue of the material fact that Myron is to be considered the domestic distributor of a power bank charger pursuant to the Indiana Products Liability Act.
No evidence that bus driver acted with racial animus when telling Black student to go to back of boarding line, federal judge rules
A northern Indiana high school student and her mother who alleged a school bus driver acted in a racist manner when the student was told to go to the back of the boarding line after jumping the line have failed to prove their discrimination claims.
Both sides seeking summary judgment under Voting Rights Act, Indiana Constitution in suit challenging appointment of Lake Co. judges
Competing motions for summary judgment are seeking to resolve the litigation against Lake County’s merit-based judicial selection process.
ACLU of Indiana files federal lawsuit challenging new law on classroom human sexuality instruction
| IL Staff
An Indianapolis school teacher has teamed up with the American Civil Liberties Union of Indiana to challenge a new state law that prohibits instruction on human sexuality in grades K-3.
Trump indicted in classified documents case in historic first for a former president
Former President Donald Trump is facing 37 felony charges related to the mishandling of classified documents.
Lawyers blame ChatGPT for tricking them into citing bogus caselaw
Two apologetic lawyers responding to an angry judge in Manhattan federal court blamed ChatGPT on Thursday for tricking them into including fictitious legal research in a court filing.
Alabama prisoner who escaped to Evansville with jailer’s help gets life sentence
An Alabama prisoner received a life sentence Thursday for escaping with the help of a jail official who ultimately took her own life as police closed in following a manhunt across three states.
Indy nursing home resident pleads guilty to murder, rape of 80-year-old invalid
A 61-year-old Indianapolis nursing home resident pleaded guilty to murder and rape Thursday in the death of an 80-year-old invalid last year.
Ruff day in court: Supreme Court sides with Jack Daniel’s in dispute with makers of dog toy
The Supreme Court on Thursday gave whiskey maker Jack Daniel’s reason to raise a glass, handing the company a new chance to win a trademark dispute with the makers of the Bad Spaniels dog toy.
COA rehearing produces same result, as court rules in state pharmacy board’s favor
A former pharmacist’s inability to allege an ongoing violation of federal law has negated his attempt to prevail in his case against the Indiana Board of Pharmacy, the Court of Appeals of Indiana ruled Thursday.
Opinions June 8, 2023
Indiana Supreme Court
Donald R. Owen, Jr. v. State of Indiana
21S-LW-333
Life without parole. Affirms Donald Owen’s sentence of life without parole for his conviction of murder. Finds there was sufficient evidence in the Elkhart Circuit Court to find Owen was a major participant and to support two of the statutory aggravators. Also finds the trial court did not abuse its discretion in declining Owen’s proposed jury instructions. Finally, finds the record supports other aggravators.
IN Supreme Court affirms LWOP sentence for man involved in 2019 gang torture, killing
A man who received life without parole for his role in torturing and killing a woman failed to convince the Indiana Supreme Court that three statutory aggravators applied to his murder conviction were inappropriate.
Report offers recommendations on how allied legal professionals can help fill ‘justice gap’
| IL Staff
A new report from the Institute for the Advancement of the American Legal System recommends being thoughtful about titles given to allied legal professionals and incorporating practices such as estate planning in their work as part of an effort to meet the high demand for legal services.
Indiana Tax Court judge to speak at state and local tax symposium
| IL Staff
Indiana Tax Court Judge Martha Blood Wentworth will be giving a keynote address at the State and Local Tax Symposium June 16 at Northwestern University’s Pritzker School of Law.
COA rejects appeal, affirms felony conviction for father convicted of battering autistic son
The Court of Appeals of Indiana has rejected a father’s parental privilege defense and affirmed the man’s conviction for felony battery of his autistic son.
Supreme Court rules in favor of Black Alabama voters in unexpected defense of Voting Rights Act
The Supreme Court issued a surprising 5-4 ruling in favor of Black voters in a congressional redistricting case from Alabama, with two conservative justices joining liberals in rejecting a Republican-led effort to weaken a landmark voting rights law.
Spending clause questions remain even as SCOTUS finds individually enforceable rights under federal nursing home law, allowing case against HHC to continue
| 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
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.
