IndyBar: President’s Message: Give Us More Summer!
Gone are the summers that lasted from Memorial Day to Labor Day. And to those naysayers who say we can’t get the 180 days of required schooling in without a shorter summer, I say, “baloney!”
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Indiana Court Decisions – July 13-27, 2022
Read Indiana appellate court decisions from the latest reporting period.
Bankruptcy filings still falling, reversal expected
Even as Americans are paying more at the gas pump and grocery checkout, filings for bankruptcy protection have continued to decline, dropping 17.7% nationally and 19.1% in the 7th Circuit for the year ending June 30, 2022.
New amendment to abortion bill allows exception to protect health of mother
An Indiana House committee made significant changes Tuesday to a Republican-backed bill that would ban virtually all abortions in the state.
Man paralyzed after being thrown into sheriff’s van can proceed with claims against Indy, council, judge rules
A federal judge is allowing two claims against Indianapolis police and the City-County Council to move forward after a man alleged law enforcement left him paralyzed after he was thrown headfirst into the back of a van without safety restraints.
Opinions Aug. 2, 2022
Court of Appeals of Indiana
Jefferson R. Griffin v. State of Indiana (mem. dec.)
19A-CR-1444
Criminal. Reverses Jefferson R. Griffin’s 46-year sentence for a variety of child molesting offenses. Finds the Rush Circuit Court erred in applying multiple enhancements to Griffin’s sentence and ordering those enhancements to run consecutively. Remands to the trial court with instructions to either vacate one of the enhancements or attach one of the enhancements to another conviction and run the sentences concurrently.
IU Health attorney, former career law clerk named Southern District magistrate
| IL Staff
A former federal law clerk and recent in-house attorney has been selected as the newest magistrate judge of the Indiana Southern District Court.
Indiana Supreme Court makes new appointments, reappointments to Coalition for Court Access
| IL Staff
New appointments and reappointments have been made to the Coalition for Court Access, the Indiana Supreme Court announced Friday.
Indiana Supreme Court amends class action rule for disbursement of residual funds
| IL Staff
The Indiana Supreme Court has announced an amendment to a rule of trial procedure concerning the disposition of residual funds in class action lawsuits.
US begins court battle against publishing giants’ merger
The government and publishing titan Penguin Random House exchanged opening salvos in a federal antitrust trial Monday as the U.S. seeks to block the biggest U.S. book publisher from absorbing rival Simon & Schuster. The case comes as a key test of the Biden administration’s antitrust policy.
Kansas first state to vote on abortion since Roe’s demise
Kansas on Tuesday was holding the nation’s first test of voter feelings about the recent Supreme Court decision overturning Roe v. Wade, with people throughout the state deciding whether to allow their conservative Legislature to further restrict or ban abortion.
Man charged with murder in weekend slaying of Indiana cop
A man accused of fatally shooting an Indiana police officer during a traffic stop had made a song about killing an officer, investigators said Monday.
Bill amendment lets AG step in when local prosecutors won’t enforce law
The current version of the state’s abortion bill could allow Indiana Attorney General Todd Rokita to step in when county prosecutors choose not to pursue certain violations of state law.
Indiana landlords sue over eviction moratorium, seek more that $500K in damages
Seventeen Indiana landlords have filed a lawsuit against Gov. Eric Holcomb, seeking more than $500,000 in damages for unpaid rent and loss of property value caused by the moratoriums placed on evictions during 2020.
Indiana House receives abortion bill, sets schedule
Senate Bill 1 — which exposed divides over abortion in the Republican caucus — has arrived in the Indiana House, where it has already picked up three sponsors and leadership has set a schedule that includes one day for the committee hearing.
Attorney’s noncooperation suspension lifted but second suspension remains
| IL Staff
The Indiana Supreme Court has terminated a noncooperation suspension for a southwestern Indiana attorney, but the lawyer still can’t practice due to a separate pending disciplinary action against him.
Opinions Aug. 1, 2022
Court of Appeals of Indiana
Dharminder Sethi and Fine Enterprises, Inc. v. Petroleum Traders Corporation (mem. dec.)
22A-CC-223
Civil collection. Affirms the Allen Superior Court’s granting of summary judgment to Petroleum Traders Corporation in a dispute with Dharminder Sethi and Fine Enterprises Inc. regarding a contract dispute over fuel futures. Finds that PTC emailing FEI the margin call demand constituted a breach of the agreement, but that breach was immaterial and therefore PTC was not precluded from bringing an action against FEI. Also finds the trial court did not err.
Supreme Court amends professional conduct rules concerning IOLTA
| IL Staff
The Indiana Supreme Court has amended the Indiana Rules of Professional Conduct with new language addressing how to handle unclaimed or unidentified funds from client trust accounts.
Justices make reappointments to public defender commission, Supreme Court rules and practice committee
| IL Staff
Three judges and a lawyer have been secured for continued years of service on various commissions and committees.
Justice Alito mocks foreign critics of abortion reversal
Justice Samuel Alito mocked foreign leaders’ criticism of the Supreme Court decision he authored overturning a constitutional right to abortion, in his first public comments since last month’s ruling. The justice’s remarks drew more criticism as well as some support.