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Opinions Oct. 11, 2022

October 11, 2022

Court of Appeals of Indiana
Gene DeVane and Gladys DeVane, Husband and Wife v. Arch Wood Protection, Inc., a Lonza Company, Osmose, Inc., n/k/a Koppers Performance Chemicals Inc., Chemical Specialties, Inc., n/k/a Venator Materials PLC
22A-CT-233
Civil tort. Affirms the dismissal with prejudice of Gene and Gladys DeVane’s complaint against Arch Wood Protection Inc., Koppers Performance Chemicals Inc. and Venator Materials PLC seeking the replacement of their decks. Finds the Monroe Circuit Court erred by dismissing the complaint based on the product-liability statute of repose because the DeVanes have alleged no past or existing physical harm. Also finds the DeVanes have not established that “equitable remediation” is a valid cause of action, nor have they identified any other statutory or common-law cause of action that might be viable here.

Basketball league recruiting attorney-athletes for new season

October 11, 2022 | IL Staff

The Lawyers Basketball League is inviting partners, associates, law clerks and their staff to form teams and play a little amateur hoops during the 2022-23 hardcourt season.

IN justices consider transfer in remote commitment case

October 11, 2022 | Katie Stancombe
The Indiana Supreme Court heard arguments in a commitment case about whether a trial court wrongly denied a woman’s request to have her case heard in person during the COVID-19 pandemic – and whether it provided the necessary good cause as to why she couldn’t.

Indy attorney charged in Jan. 6 riot opts for bench trial

October 11, 2022 | Olivia Covington

The Indianapolis attorney charged in connection with the Jan. 6, 2021, riot at the U.S. Capitol has opted for a bench trial on the four federal misdemeanors filed against him.

US Supreme Court to hear case that could raise price of pork

October 11, 2022 | Associated Press

The U.S. Supreme Court will hear arguments over a California animal cruelty law that could raise the cost of bacon and other pork products nationwide.

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Supreme Court rejects appeal from Dylann Roof, who killed 9

October 11, 2022 | Associated Press

Video of a landmark 2010 trial that cleared the way for gay marriage in California can be made public, the culmination of a years-long legal fight.

SOS debate pits election security fears vs. confidence in GOP-less event

October 11, 2022 | Indiana Capital Chronicle

The two candidates who participated in an Indiana Secretary of State debate Monday night — Democrat Destiny Wells and Libertarian Jeff Maurer — differed sharply on election security, with divergent viewpoints that led to disparate signature policy stances.

Small business group files suit over Biden student loan plan

October 11, 2022 | Associated Press

A small-business advocacy group has filed a new lawsuit seeking to block the Biden administration’s efforts to forgive student loan debt for tens of millions of Americans — the latest legal challenge to the program.

Roche executive sues company for discrimination after losing job in restructuring

October 11, 2022 | John Russell, Indianapolis Business Journal

A marketing executive at Roche Diagnostics Corp. in Indianapolis who lost her job in a restructuring last year is suing the company in a wide-ranging discrimination complaint.

Payne-Elliott decides to end litigation against Indianapolis Archdiocese

October 10, 2022 | Marilyn Odendahl

Joshua Payne-Elliott, the former Cathedral High School teacher who sued the Roman Catholic Archdiocese of Indianapolis after he lost his job for being in a same-sex marriage, has decided to end his litigation.

Evansville attorney put on indefinite suspension

October 10, 2022 | IL Staff

An Evansville attorney’s noncooperation suspension has become indefinite due to his continued failure to cooperate with the Indiana Supreme Court Disciplinary Commission.

Notre Dame launches new fellowship for students studying law, religion

October 10, 2022 | IL Staff

Four students who are interested in studying the law and religion have been selected to participate in a new Notre Dame Law School fellowship addressing both areas of study.

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Title IX discussion kicks off symposium series at Indiana Southern District Court

October 10, 2022 | IL Staff

To commemorate the 50th anniversary of Title IX, the Historical Society of the U.S. District Court for the Southern District of Indiana will be hosting a panel discussion to take a look at the history of the law, its current application and how the law may be applied in the future.

AES Indiana, customers at odds over $41M in costs incurred while power plant was down

October 10, 2022 | John Russell, Indianapolis Business Journal

No one is disputing the fact that AES Indiana’s newest power plant, Eagle Valley in Martinsville, conked out twice last year and stayed out of service for 11 months while dozens of experts tried to fix it. But now plenty of people are arguing over who was at fault—and who should pay.

Raising the stakes: Momentum builds to allow online casino gambling in Indiana

October 10, 2022 | Peter Blanchard, Indianapolis Business Journal

A growing number of elected officials, lobbyists and casino operators are pushing Indiana and other states to allow brick-and-mortar casinos to host interactive online gambling, often called iGaming.

Indiana man gets 65-year sentence for son’s murder, abuse

October 10, 2022 | Associated Press

An Indiana man has been sentenced to 65 years in prison for abusing his 12-year-old son and starving the boy to death.

Man killed by Indiana police after suspected of killing 2

October 10, 2022 | Associated Press

A man suspected of killing two people early Sunday in northern Indiana was fatally shot during a shootout with police, authorities said.

Fort Wayne mayor arrested for drunken driving after crash

October 10, 2022 | Associated Press

The mayor of Indiana’s second-largest city apologized Sunday after an overnight arrest for drunken driving.

Uvalde schools suspend entire police force after outrage

October 7, 2022 | Associated Press

Uvalde’s school district on Friday pulled its embattled campus police force off the job following a wave of new outrage over the hiring of a former state trooper who was part of the hesitant law enforcement response during the May shooting at Robb Elementary School that left 21 dead.

Attorney suspended following sentencing for possession of child pornography

October 7, 2022 | IL Staff

Northwest Indiana attorney Robert McMahon has been suspended from the practice of law after pleading guilty to possession of child pornography and being sentenced to two years in federal prison.

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In This Issue

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

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