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Opinions Sept. 29, 2022

September 29, 2022

Court of Appeals of Indiana
Jerry C. Coleman v. State of Indiana
21A-CR-2877
Criminal. Affirms Jerry C. Coleman’s convictions of resisting law enforcement and unlawful possession or use of a legend drug as level 6 felonies. Finds Sgt. Chad Dick’s order to stop wasn’t unlawful or that Coleman’s Fourth Amendment rights were violated. Concludes that evidence of probative value was presented from which a reasonable jury could find Coleman was guilty beyond a reasonable doubt of resisting law enforcement as a level 6 felony.

COA: Officers didn’t violate motorcyclist’s Fourth Amendment rights during stop

September 29, 2022 | Jordan Morey

A southern Indiana man who argued police conducted an illegal search and arrest on him because they were looking for a different man with a warrant couldn’t convince the Court of Appeals of Indiana his resisting law enforcement and drug possession charges should be dropped.

7th Circuit: Inmate found ‘too late’ in substituting placeholders with real names should have chance to amend some claims

September 29, 2022 | Katie Stancombe

An inmate who filed a suit against more than a dozen individuals using placeholders should have the chance to amend his claims against some of them, the 7^th Circuit Court of Appeals has ruled.

Federal judge: Absentee voters with print disabilities can choose individual helping them

September 29, 2022 | Katie Stancombe

Ahead of early voting for the November general election, an Indiana federal judge has ordered that voters with print disabilities can choose who will assist them in marking their paper absentee ballots.

Split ABA ethics committee issues guidance on self-represented attorneys

September 29, 2022 | IL Staff

A divided American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion Wednesday seeking to clarify the interpretation of a model rule about self-represented lawyers’ communications with represented parties in a case.

Indiana well-positioned to legalize iGaming, state study says

September 29, 2022 | Indiana Capital Chronicle

Should Indiana legalize internet casino gambling, better known as iGaming, its introduction would be a “relatively smooth process,” bringing hundreds of millions in tax revenue, according to 103-page Indiana Gaming Commission report released Tuesday.

Regions Bank to refund $141M for illegal overdraft fees

September 29, 2022 | Associated Press

Regions Bank for a second time in a decade was found charging illegal overdraft fees, the government said Wednesday, in a settlement that will require the bank to repay $141 million to customers and pay an additional $50 million in fees.

Smith & Wesson sued over link to July 4 parade mass shooting

September 29, 2022 | Associated Press

Survivors of the mass shooting at a suburban Chicago Independence Day parade and family members of those killed filed 11 lawsuits Wednesday against the manufacturer of the rifle used in the attack.

White House: Late congresswoman ‘top of mind’ in Biden flub

September 29, 2022 | Associated Press

President Joe Biden sought out deceased Rep. Jackie Walorski on Wednesday during remarks at a hunger conference, saying “Where’s Jackie?” The White House press secretary later said the congresswoman had been “top of mind” for the president at the time.

COA rejects state’s attempt to rush but sets quick pace in abortion appeal

September 28, 2022 | Marilyn Odendahl

The Court of Appeals of Indiana has denied the state’s motion to hurry up and reinstate the new abortion law that was overturned last week in the Monroe Circuit Court.

Statute of limitations correctly applied under Indiana Accountancy Act in tax dispute, COA affirms

September 28, 2022 | Katie Stancombe

The correct statute of limitations was applied in a dispute between an accountant and a business that claimed the accountant’s work resulted in it paying significantly more in federal and state taxes, the Court of Appeals of Indiana has ruled.

Appellate court splits in first impression ‘he said, she said’ child molesting case

September 28, 2022 | Katie Stancombe

Court of Appeals of Indiana judges parted ways on an issue of first impression in a “he said, she said” child molestation case, with the majority finding that a man was not given a fair opportunity to challenge the “she said” part of the evidence.

COA: Contractor not liable for worker’s slip and fall

September 28, 2022 | Marilyn Odendahl

A construction worker who slipped and fell while trying to step from a ladder onto a scaffolding platform was unable to regain his footing before the Court of Appeals of Indiana, which found the contractor’s focus on safety did not indicate a duty of care.

Father who tried to attend online CHINS hearing in person secures COA reversal

September 28, 2022 | Jordan Morey

A Marion County father who mistakenly tried to attend a child in need of services hearing in person instead of online shouldn’t have been denied a new factfinding hearing, the Court of Appeals of Indiana has ruled.

7th Circuit affirms for insurer who denied workers’ comp claim for Kentucky injury

September 28, 2022 | Jordan Morey

An insurance company that wasn’t notified that a policy-holding subcontractor did work outside of Indiana has convinced the 7^th Circuit Court of Appeals that it wasn’t required to cover a worker injured in Kentucky.

Black woman loses appeal of judgment for VA on employment discrimination claims

September 28, 2022 | Olivia Covington

A Black woman who sued the VA for alleged employment discrimination has failed to overturn the grant of summary judgment to the federal agency, with the 7th Circuit Court of Appeals concluding the woman failed to prove discrimination based on her race or gender.

Parkview settles with state over billing dispute

September 28, 2022 | Wes Mills, Inside INdiana Business

Parkview Health in Fort Wayne has settled a nearly $3 million lawsuit with the state over alleged Medicaid overbilling, an allegation the health care system has denied.

Opinions Sept. 28, 2022

September 28, 2022

Court of Appeals of Indiana
Residential Warranty Services, Inc. and P. Nathan Thornberry v. L.M. Henderson and Company, LLP
22A-PL-408
Civil plenary. Affirms the grant of judgment on the pleadings to L.M. Henderson and Company LLP in a dispute with Residential Warranty Services and Nathan Thornberry. Finds it was unnecessary to convert the motion for judgment on the pleadings to a motion for summary judgment. Also finds the Hamilton Superior Court applied the correct statute of limitations.

Families testify of confrontations with Sandy Hook deniers

September 28, 2022 | Associated Press

A mother who lost one of her sons in the 2012 Sandy Hook massacre testified Tuesday that her biggest fear is that people who believe the shooting was a hoax will harm her other son, who survived the attack at his school.

Records: Texas attorney general fled home to avoid subpoena

September 28, 2022 | Associated Press

Texas Attorney General Ken Paxton ran out of his house and jumped into a truck driven by his wife, a state senator, to avoid being served a subpoena to testify Tuesday in an abortion access case, according to court documents.

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Opinions Sept. 29, 2022

COA: Officers didn’t violate motorcyclist’s Fourth Amendment rights during stop

7th Circuit: Inmate found ‘too late’ in substituting placeholders with real names should have chance to amend some claims

Federal judge: Absentee voters with print disabilities can choose individual helping them

Split ABA ethics committee issues guidance on self-represented attorneys

Indiana well-positioned to legalize iGaming, state study says

Regions Bank to refund $141M for illegal overdraft fees

Smith & Wesson sued over link to July 4 parade mass shooting

White House: Late congresswoman ‘top of mind’ in Biden flub

COA rejects state’s attempt to rush but sets quick pace in abortion appeal

Statute of limitations correctly applied under Indiana Accountancy Act in tax dispute, COA affirms

Appellate court splits in first impression ‘he said, she said’ child molesting case

COA: Contractor not liable for worker’s slip and fall

Father who tried to attend online CHINS hearing in person secures COA reversal

7th Circuit affirms for insurer who denied workers’ comp claim for Kentucky injury

Black woman loses appeal of judgment for VA on employment discrimination claims

Parkview settles with state over billing dispute

Opinions Sept. 28, 2022

Families testify of confrontations with Sandy Hook deniers

Records: Texas attorney general fled home to avoid subpoena