Indiana Court Decisions: Aug. 10-23, 2023
Read Indiana appellate court decisions from the most recent reporting period.
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Books, pronouns and trans athletes: What contentious education policy is coming next?
If the last few legislative sessions are any indication of what could be on the horizon for the Indiana General Assembly in 2024, one seemingly safe bet is that the state’s lawmakers will again take up controversial education policy.
Web Exclusive: Use of wiretap laws changing as civil claims seemingly become more common
Wiretapping is seeing an increase, both in criminal case authorizations and, perhaps unexpectedly, as a claim in civil proceedings.
Maley: Changes to Indiana Southern District local rules
Effective July 1, the Southern District of Indiana made minor amendments to Local Rules 5-11 (sealed filings); Local Rule 6-1 (extensions of time); Local Rule 37-1 (discovery disputes); Local Rule 81-1 (removal); and Local Rule 83-5 (admission).
IndyBar: In The Trenches: Parenting Coordinators
| From IndyBar and Jenna Heavner and Kyli Willis
Those of us “in the trenches” of family law know the value (er, need!) of a good, seasoned parenting coordinator on our highest conflict cases.
Librarians concerned new law could have ‘chilling effect’: HEA 1447 creates process for book challenges, prohibits ‘obscene’ materials
A new Indiana law set to take effect in 2024 has some public school librarians feeling uneasy, as the state has put in place procedures for challenging books and will require school libraries to prepare a publicly available catalog of materials.
Angola attorney resigns following multiple disciplinary actions
| IL Staff
An Angola attorney who has been the subject of multiple disciplinary actions has resigned from the Indiana bar.
Shareholder agreement enforceable, commercial court master properly appointed, COA affirms
A commercial court acted within its discretion in appointing a master to enforce the terms of a settlement agreement reached in a shareholder lawsuit, the Court of Appeals of Indiana affirmed Tuesday.
Charter group: IPS decision to sue state violated open meetings law
The Indianapolis Public Schools board violated the state’s public meetings law when it approved a lawsuit against the state last week, a charter group has alleged.
3M to pay $6B to settle lawsuits over earplugs made in Indianapolis
Chemical and consumer product manufacturer 3M has agreed to pay $6 billion to settle lawsuits from U.S. service members who say they experienced hearing loss or other serious injuries after using faulty earplugs made by an Indianapolis-based subsidiary.
Muncie real estate companies agree to remedies after AG investigation
A refund may be coming soon to tenants of a pair of Muncie-area real estate companies.
Opinions Aug. 29, 2023
Tuesday opinions
Court of Appeals of Indiana
James K. McConnell v. Martha A. Doan; Marilyn S. Hall; David Fee; Jerome Henry, Jr.; Thomas B. Walsh; Tim Miller; and Nicolas Ciocca
23A-CT-145
Civil tort. Affirms a settlement agreement and appointment of a commercial court master. Finds the Allen Superior Court did not abuse its discretion in appointing a commercial court master pursuant to Commercial Court Rule 5 or Trial Rule 70. Also finds the settlement agreement does not contain an unenforceable “agreement to agree.”
IN Supreme Court grants transfer to cases involving imposed charges, denied suppression motion
Indiana Supreme Court justices granted transfer to two cases for the week ending Aug. 25, including one in which the Court of Appeals of Indiana declined to address a pro se litigant’s challenge to the constitutionality of a vehicle search.
Indiana disperses $18M in opioid settlements
Indiana will distribute about $18 million in opioid settlement funds to support local law enforcement, drug task forces and treatment hubs, Indiana Attorney General Todd Rokita announced Friday.
Trump chief of staff Meadows says actions laid out in Georgia indictment were part of his job
Mark Meadows testified in court Monday that actions detailed in a sweeping indictment that accuses him of participating in an illegal conspiracy to overturn then-President Donald Trump’s 2020 election loss were all part of his job as White House chief of staff.
US Supreme Court Justice Barrett says she welcomes public scrutiny of court
U.S. Supreme Court Justice Amy Coney Barrett told attendees at a judicial conference in Wisconsin on Monday that she welcomed public scrutiny of the court. But she stopped short of commenting on whether she thinks the court should change how it operates.
Indiana police arrest 2nd man in July shooting at massive block party that killed 1, injured 17
Police arrested a second man Monday in a July shooting at a massive block party in central Indiana that left one person dead and 17 others wounded.
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.