COA finds Indiana Evidence Rule 703 allows nurse’s testimony in child abuse case
A Marion County man convicted of abusing his infant son failed to get a nurse’s testimony thrown out as hearsay.
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Split COA affirms for out-of-state uninsured motorist, but dissent points to recent statutory amendment
A repeat uninsured motorist from Illinois who sued for damages after a Lake County car accident can continue to pursue noneconomic damages, the Court of Appeals of Indiana has affirmed.
7th Circuit orders East Chicago to restore firefighters’ schedule, but judge warns of infringement on democracy
In a dispute between the mayor of East Chicago and the local firefighters union that opposes him, the 7th Circuit Court of Appeals agreed that the city violated the firefighters’ First Amendment rights.
Opinions Dec. 22, 2022
Court of Appeals of Indiana
Michael Bass Chatman v. State of Indiana
22A-CR-934
Criminal. Affirms Michael Bass Chatman’s conviction of Level 3 felony aggravated battery resulting in serious bodily injury to a person less than 14 years old. Finds the testimony by the pediatric nurse practitioner was not inadmissible hearsay under Indiana Evidence Rule 703.
Judge Young, who threw out Indiana’s gay marriage ban, stepping down
The federal judge who struck down Indiana’s ban on same-sex marriages a year before the U.S. Supreme Court did so nationally has decided to step down from full-time status after 25 years.
Man convicted in 2020 Boone Co. crash that paralyzed motorist
A Missouri man has been convicted in a drunken-driving crash in central Indiana that seriously injured another motorist two years ago, leaving her paralyzed.
IRS mandatory presidential audit policy goes under spotlight
An IRS policy governing the audits of tax returns filed by U.S. presidents is under new scrutiny after a report found the agency failed to perform the mandatory inspection of Donald Trump’s returns until Congress pressed for information about the process.
Jan. 6 panel prepares to unveil final report on insurrection
An 800-page report set to be released Thursday will conclude that then-President Donald Trump criminally plotted to overturn his 2020 election defeat and “provoked his supporters to violence” at the Capitol with claims of widespread voter fraud.
Magistrate Judge Brookman to be nominated to Indiana Southern District Court
Indiana Southern District Magistrate Judge Matthew Brookman will be nominated to the U.S. District Court for the Southern District of Indiana to fill the vacancy created by Judge Richard Young, who has announced he will be taking senior status.
Kenworthy joins COA, gives court 1st ever female majority
| IL Staff
When Indiana Chief Justice Loretta Rush asked Grant County Judge Dana Kenworthy why she wanted to join the appellate court, Kenworthy provided a vivid image.
Quarles & Brady announces expansion with California footprint
| IL Staff
Quarles & Brady, which has an office in Indianapolis, is combining with the California law firm of Paul Plevin Sullivan & Connaughton LLP on New Year’s Day — expanding Quarles’ national footprint to 500 attorneys across 11 U.S. locations.
Reversal: Insurer not obligated to indemnify client against lead poisoning complaint
An insurer is not required to defend or indemnify a client that was sued for lead poisoning because the policy contained an unambiguous lead exclusion, the Court of Appeals of Indiana has ruled.
Greenwood Mall shooter told ex he would ‘take others’ if he died
The ex-girlfriend of a 20-year-old man who fatally shot three people at an Indianapolis-area mall said he told her he didn’t expect to make it to 21 and that if he killed himself, he would “take others” with him, a police chief said Wednesday.
Opinions Dec. 21, 2022
Indiana Farmers Mutual Insurance Company v. HomeWorks Management Corporation; HomeWorks Funding Group II LLC; HomeWorks Construction Inc.; HomeWorks Holdings LLC; HomeWorks Realty LLC; HomeWorks Management and Remodeling LLC; HomeWorks Investments, Inc.; Selena Wiley; Joevonne Hiles, Sr.; Child Doe A; Child Doe B; Jeff Muzik; Ken Mensik; Joe Colvin, Jodi Pearce; Becky Medich; Mitchell Hooton; and Ron McCall
22A-PL-1232
Civil plenary. Reverses the entry of summary judgment in favor of HomeWorks Management Corporation and HomeWorks Funding Group II LLC and the denial of Indiana Farmers Mutual Insurance Company’s motion to summary judgment. Finds the St. Joseph Circuit Court erred.
Angie’s List co-founder Oesterle awarded $7.2M in lawsuit against Iowa car repair shop
Indianapolis tech entrepreneur Bill Oesterle has been awarded $7.2 million by an Iowa court that found he had been defrauded by an auto repair shop he hired to restore several classic cars.
Court upholds ban on contractor vaccine mandate in 3 states, including Indiana
A federal appeals court panel has upheld a decision blocking President Joe Biden’s administration from requiring COVID-19 vaccinations as part of federal contracts with three states, including Indiana.
Terre Haute officer cleared of shooting knife-wielding man
Authorities have ruled that a western Indiana police officer was justified in fatally shooting a man who was threatening him with a knife earlier this month.
US asks court to end asylum limits, with a short delay
The U.S. government asked the Supreme Court not to lift asylum limits before Christmas, in a filing a day after Chief Justice John Roberts issued a temporary order to keep the pandemic-era restrictions in place.
Weinstein dodges sentencing enhancement, faces 18 years
Harvey Weinstein faces a shorter prison sentence in California after a Los Angeles jury failed to reach a verdict on whether the disgraced mogul planned his attack on a woman he was convicted of raping.
2023 Corporate Counsel Guide goes live in print, online
| IL Staff
After a two-year hiatus, Indiana Lawyer’s Corporate Counsel Guide is back this year in a new form.
