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Opinions March 25, 2025

March 25, 2025

Indiana Court of Appeals 

Robin Marsh v. Nathan Marsh

24A-PL-1216

Civil plenary. Dismisses Robin Marsh’s appeal in a farmland dispute without prejudice. Finds the appellate court lacks subject matter jurisdiction. Attorneys for appellant: Lynne Lawyer and Edward Wolenty. Attorney for appellee: Brianna Schroeder.

Judge slashes punitive damages awarded by jury in case against Wabash National

March 25, 2025 | Alex Brown, Inside Indiana Business

Judge Christopher E. McGraugh said the original $450 million amount awarded by the jury was “grossly excessive” and not in line with the company’s constitutional rights.

Transgender Americans aim to block Trump’s passport policy change

March 25, 2025

President Donald Trump’s executive order says a person is male or female and it rejects the idea that someone can transition from the sex assigned at birth to another gender.

Trump administration invokes state secrets privilege in refusing to provide more details on deportations

March 25, 2025 | Associated Press

A federal judge has asked for details about when deportation planes landed in El Salvador and who was on board.

Columbia student protester who’s lived in the US since age 7 sues to stop deportation

March 25, 2025 | Associated Press

Yunseo Chung said Immigration and Customs Enforcement moved to deport her after she was arrested while protesting the Ivy League school’s disciplinary actions against student protesters.

Indiana Supreme Court to travel to Grant County for arguments in Amazon liability cases

March 24, 2025 | IL Staff

The cases stem from situations in which one delivery driver was killed and another was injured after they exited their trucks while trying to figure out how to navigate and enter Amazon’s fulfillment center in Mt. Comfort.

Opinions March 24, 2025

March 24, 2025

Indiana Court of Appeals 

Caryl Rosen v. Community Healthcare System d/b/a Community Hospital 

24A-CT-1463

Civil tort. Affirms Lake Superior Court Judge Rehana Adat-Lopez’s judgment on precluding Caryl Rosen from eliciting testimony about the adequacy of the hospital’s investigation. Finds the trial court did not abuse its discretion when it excluded evidence of the adequacy of the hospital’s post-fall investigation. Reverses the trial court’s judgment on finding the hospital did not engage in spoliation of evidence and refused a spoliation jury instruction. Finds the trial court erred when it ruled that the hospital did not engage in spoliation of evidence based on its failure to preserve all of its video recordings of the main entrance and the hospital’s lobby at the time of Rosen’s fall. Also finds the trial court erred by refusing to give the proffered jury instruction regarding spoliation. Remands for a new trial at which evidence regarding spoliation will be permitted, the jury instruction regarding spoliation will be given and the trial court will determine what additional sanctions, if any, are appropriate due to the hospital’s spoliation of evidence. Attorneys for appellant: Angela Jones and Steve Sersic. Attorneys for appellee: Gregory Crisman and Zachary Peifer.

Rokita weighs in on federal education moves, Indiana immigration bill

March 24, 2025 | Indiana Capital Chronicle

The Indiana attorney general said that the important funding streams that help Indiana’s low-income and special needs students will still exist and be handled by other agencies.

Trump administration asks Supreme Court to halt judge’s order to rehire probationary federal workers

March 24, 2025 | Associated Press

The appeal also calls on the conservative-majority court to rein in the growing number of federal judges who have slowed President Donald Trump’s sweeping agenda, at least for now.

Report says townships fail to disburse emergency help taxpayers are funding

March 23, 2025 | Taylor Wooten, Indianapolis Business Journal

The January report by poverty- and homelessness-focused service providers, titled “Marion County Township Trustees: Opportunities Seized; Opportunities Missed,” is the result of a yearlong investigation.

Georgia jury orders Monsanto parent to pay nearly $2.1 billion in Roundup weedkiller lawsuit

March 23, 2025 | Associated Press

The verdict marks the latest in a long-running series of court battles Monsanto has faced over its Roundup herbicide.

Law firm targeted by Trump could have been ‘destroyed,’ chairman says in explaining deal

March 23, 2025 | Associated Press

The message from Brad Karp offers the most detailed public explanation yet about the decision to make significant concessions to the White House.

Fifth IU player joins lawsuit, accuses former basketball team doctor of sexual abuse

March 21, 2025 | Maura Johnson

A fifth former Indiana University men’s basketball player has come forward to accuse former team physician Dr. Bradford Bomba Sr. of unnecessarily performing a rectal examination on him during a routine physical examination.

7th Circuit Chief Judge Sykes to transition to senior status

March 21, 2025 | Alexa Shrake

7th Circuit Court of Appeals Chief Judge Diane Sykes announced her intent to take senior status later this year.

Opinions March 21, 2025

March 21, 2025

Indiana Court of Appeals
Dele Omije v. Bethany Whilby-Omije
24A-DR-2217
Domestic relations without children. Affirms Hendricks Superior Court Judge Ryan Tanselle’s order finding Dele Omije in contempt and ordering him to sell a marital asset—a home in California—and equally divide the proceeds from the sale of the home with Bethany Whilby-Omije. Finds that because Omije presented no evidence of the post-dissolution expenses he incurred on the California home, the trial court did not abuse its discretion by failing to credit him for any such expenses. Also finds the trial court did not assign any value to the California home and simply ordered Omije to sell the home and split the proceeds evenly with Whilby-Omije. Attorney for appellant: Julie Camden. No attorney listed for appellee.

Trump—with Indiana Gov. Braun on hand—orders plan to dismantle the Education Department

March 21, 2025 | Associated Press

President Donald Trump signed an executive order Thursday calling for the dismantling of the U.S. Education Department, advancing a campaign promise to take apart an agency that’s been a longtime target of conservatives.

 

Federal judge dismisses Indiana delta-8 legality lawsuit

March 21, 2025 | Indiana Capital Chronicle

A nearly two-year-old legal battle is over—for now—after a federal judge dismissed a lawsuit over the legality of delta-8 tetrahydrocannabinol, or THC, goods and other low-THC hemp products.

Everyday tattoos got Venezuelan men ID’d as gang members and deported, lawyers say

March 21, 2025 | Associated Press

A crown over a soccer ball. An eyeball that “looked cool.” Flowers. Those are some of the everyday tattoos that defense lawyers say helped lead to the sudden weekend deportation of roughly 200 Venezuelan men who are accused of being members of the ruthless gang Tren de Aragua.

immigration-stock-2col.jpg

White House rescinds executive order targeting prominent law firm

March 21, 2025 | Associated Press

President Donald Trump on Thursday rescinded an executive order targeting a prominent international law firm after it pledged to review its hiring practices and to provide tens of millions of dollars in free legal services to support certain White House initiatives.

Proposed legislation could impact Indiana health care mergers

March 20, 2025 | Daniel Carson

While the Indiana House approved a measure to tighten regulations around hospital and health care mergers, the Indiana Senate removed that language.

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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

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

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

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