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Opinions July 27, 2022

July 27, 2022

Court of Appeals of Indiana
William F. Braun Milk Hauling, Inc., and Joseph Daugherty v. Peggy Malanoski
22A-CT-333
Civil tort. Affirms the denial of William F. Braun Milk Hauling Inc. and Joseph Daugherty’s motion to dismiss a complaint filed by Peggy Malanoski following a car accident involving Malanoski and a semi-tractor and trailer driven by Daugherty. Finds Malanoski timely filed her complaint in light of the Indiana Supreme Court’s March 13 and 23, 2020, orders that tolled the statutes of limitations in response to the COVID-19 pandemic.

COA: Evidentiary issue not yet ripe for appeal

July 27, 2022 | Marilyn Odendahl

An Indiana man who wanted the jury to know about a trial court’s order tossing a CHINS petition has been told by the Court of Appeals of Indiana to come back after his case has been tried.

Longtime Indy senator Young leaves Republican caucus amid abortion debates

July 27, 2022 | Indiana Capital Chronicle

Indiana Sen. Mike Young has resigned from the Republican caucus amid disagreements over the GOP approach to abortion-restricting legislation. 

Justices decline to hear IRT’s COVID coverage case but agree to revisit criminal case decisions

July 27, 2022 | Marilyn Odendahl

The Indiana Supreme Court has brought the curtain down on the Indiana Repertory Theatre’s push to get its insurance company to cover losses incurred when the pandemic forced the show to close in the spring of 2020.

IN Supreme Court ends suspension of former Crawford Co. judge following her resignation

July 27, 2022 | IL Staff

The Indiana Supreme Court has terminated the suspension of now-former Crawford Circuit Court Judge Sabrina R. Bell after she recently resigned from her position and agreed to not hold judicial office ever again.

Indiana House proposes larger, costlier taxpayer ‘refund’ plan

July 27, 2022 | Peter Blanchard, Indianapolis Business Journal

House and Senate Republicans in the Indiana General Assembly remain on a collision course over how to provide inflation relief for Hoosiers after committees from both chambers passed bills that take vastly different approaches.

Republican AGs sue US agency over LGBTQ school guidance

July 27, 2022 | IL Staff and Associated Press

More than 20 Republican attorneys general filed a lawsuit Tuesday against President Joe Biden’s administration over a Department of Agriculture school meal program that prohibits discrimination based on sexual orientation and gender identity.

Man’s 63-month prison term matches longest for Capitol riot

July 27, 2022 | IL Staff and Associated Press

A man who attacked police officers with poles during the riot at the U.S. Capitol was sentenced on Tuesday to more than five years in prison, matching the longest term of imprisonment so far among hundreds of Capitol riot prosecutions.

Judge upholds Rep. Marjorie Taylor Greene’s eligibility

July 27, 2022 | IL Staff and Associated Press

A judge in Atlanta has rejected an appeal by a group of voters and affirmed the Georgia secretary of state’s decision that U.S. Rep. Marjorie Taylor Greene is eligible to run for reelection.

Shhhhh, bar exam in progress

July 26, 2022 | Marilyn Odendahl

Applicants with dreams of becoming Indiana lawyers are sitting for the bar exam Tuesday and Wednesday at the Indiana Convention Center, marking the first time the July test has been given in-person since 2019.

COA: Trial court incorrectly set aside default judgement

July 26, 2022 | Jordan Morey

The Court of Appeals of Indiana has reinstated default judgment against a man who had previously won a reversal of that judgment but who failed to address the counterclaims against him.

Senate committee begrudgingly OKs abortion ban bill

July 26, 2022 | Katie Stancombe

Anti-abortion legislation that has received practically zero support from advocates or opponents of abortion has passed the Senate Rules and Legislative Procedure Committee with amendments, including criminal penalties for doctors who perform illegal abortions.

DCS caseworkers who allegedly threatened parents with CHINS case must face civil suit, 7th Circuit rules

July 26, 2022 | Olivia Covington

Two DCS caseworkers who allegedly threatened a couple with a CHINS proceeding if they did not submit their child to a blood draw must face the parents’ civil lawsuit, the 7th Circuit Court of Appeals has ruled, overturning a lower court finding that the caseworkers were protected by qualified immunity.

Transgender Indy girl who challenged new trans sports law can play on school softball team, judge rules

July 26, 2022 | Jordan Morey

Indianapolis Public Schools must allow a 10-year-old transgender girl to continue playing on a school-sponsored softball team, a federal judge has ruled. The decision comes after the girl challenged a new state law that prohibits trans girls from playing on girls’ sports teams.

Opinions July 26, 2022

July 26, 2022

7th Circuit Court of Appeals
Lelah Jerger, et al. v. Shannon Blaize, et al.
21-3011
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Vacates the entry of summary judgment in favor of caseworkers for the Indiana Department of Child Services, who were sued for alleged violations of Fourth and 14th Amendment rights based on their actions in a case involving Lelah and Jade Jerger and their child, J.J. Finds the Jergers have done enough to create a jury question on whether the DCS defendants violated their and J.J.’s constitutional rights. Also finds neither summary judgment nor qualified immunity is available where the parties dispute facts material to the consent question. Remands.

Indiana abortion debate draws protest crowds, vice president

July 26, 2022 | Associated Press

Thousands of people arguing the abortion issue surrounded the Indiana Statehouse and filled its corridors Monday as state lawmakers began consideration of a Republican proposal to ban nearly all abortions in the state and Vice President Kamala Harris denounced the effort during a meeting with Democratic legislators.

Man pleads not guilty to raping Ohio girl, 10, who had abortion in Indiana

July 26, 2022 | Associated Press

A man pleaded not guilty on Monday in Ohio to charges of raping a 10-year-old girl who traveled to Indiana for an abortion last month, which became a flashpoint in the national debate over access to the procedure.

Supreme Court leak probe: So many questions, so few answers

July 26, 2022 | Associated Press

Less than 24 hours after the unprecedented leak of the draft opinion that overturned Roe v. Wade, Chief Justice John Roberts ordered an investigation into the “egregious breach.” Since then? Silence.

AP-NORC poll: 2 in 3 in US favor term limits for justices

July 26, 2022 | Associated Press

About 2 in 3 Americans say they favor term limits or a mandatory retirement age for U.S. Supreme Court justices, according to a new poll that finds a sharp increase in the percentage of Americans saying they have “hardly any” confidence in the court.

Feds sue poultry producers, alleging unfair worker practices

July 26, 2022 | Associated Press

The Justice Department filed a lawsuit Monday against some of the largest poultry producers in the U.S. along with a proposed settlement seeking to end what it claims have been longstanding deceptive and abusive practices for workers.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Howard County judge permanently banned from judicial service

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

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

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