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7th Circuit agrees evidence was ‘too vague’ to undermine jury

July 14, 2022 | Marilyn Odendahl

The 7th Circuit Court of Appeals has upheld an Indiana man’s conviction for rape, finding the evidence presented at trial that linked him to another rape was “too vague” to prejudice the jury.

127-year sentence upheld in ‘horrific’ torture, murder case

July 14, 2022 | Katie Stancombe

A man who brutally tortured and murdered a woman and seriously injured and robbed another individual will keep his 127-year sentence behind bars, the Court of Appeals has affirmed.

COA: Surgeon entitled to salary, attorney fees in breach of contract dispute

July 14, 2022 | Jordan Morey

A former Franciscan Alliance surgeon will get the money he was guaranteed in his base contract before he was fired and the attorney fees from his case in full but won’t receive any additional performance-based monies or liquidated damages from the health care provider, the Court of Appeals of Indiana has affirmed.

COA splits in reversal for flooded cottage owners

July 14, 2022 | Katie Stancombe

A Kosciusko County couple has secured a partial reversal from a split appellate panel after disputes about their waterlogged cottage revealed genuine issues of material fact and an improper calculation of the property’s value.

Bodies of missing man, 3 kids found in Indianapolis pond

July 14, 2022 | Associated Press

The bodies of a man and his three young children who vanished last week after leaving for a fishing trip were found along with a submerged car in the pond where they were headed, authorities said Wednesday.

Pharmacies can’t discriminate on reproductive health scripts

July 14, 2022 | Associated Press

The Biden administration is warning pharmacies not to discriminate against women who may seek reproductive health prescriptions, including some that might be involved in ending a pregnancy.

Capitol riot hearings raise questions of presidential power

July 14, 2022 | Associated Press

The House Jan. 6 committee’s investigation of the aftermath of the 2020 presidential election and the events leading up to the U.S. Capitol insurrection is raising questions about former President Donald Trump’s role and whether he committed crimes.

Ohio man charged with rape of girl, 10, who traveled to Indiana for abortion

July 14, 2022 | Associated Press

An Ohio man has been charged with raping a 10-year-old girl whose case drew national attention following a doctor’s comments that the child had to travel to Indiana for an abortion, an account that had led some prominent Republicans — including Ohio’s attorney general and a congressman — to suggest it was fabricated.

Opinions July 13, 2022

July 13, 2022

Court of Appeals of Indiana
Donald Kearschner v. American Family Mutual Insurance Company, S.I.

21A-CT -1888
Civil Tort. Reverses summary judgment granted to American Family Mutual Insurance Co. and remands for further proceedings in Owen Circuit Court. Finds American Family’s policy provision reducing Donald Kearschner’s underinsured motorist policy limit to zero based on the payment he received from worker’s compensation provided less coverage than the state’s underinsured motorist statute, Indiana Code § 27-7-5-2, required and is inconsistent with the view that the UIM Statute is a full-recovery, remedial statute. Concludes Kearschner is entitled to the difference between his underinsured policy limit of $100,000 and the $50,000 he received from the tortfeasor’s insurer.

More than $2.5M awarded to Indiana legal aid providers

July 13, 2022 | IL Staff

Legal aid providers around the state that offer civil legal assistance to low-income Hoosiers have received a financial boost totaling more than $2.5 million from the Indiana Bar Foundation.

COA: Insurance company cannot swerve around state’s UIM Statute

July 13, 2022 | Marilyn Odendahl

A worker injured in a car accident while on the job will receive payment from his insurance company after the Court of Appeals of Indiana found the policy provision which reduced coverage by the amount paid on a workers’ compensation claim payment did not comport with the state’s underinsured motorist statute.

Disciplinary Commission publishes advisory opinion on conflicts of interest

July 13, 2022 | IL Staff

The Indiana Supreme Court Disciplinary Commission has issued an advisory opinion focused on when attorneys must decline to represent a client or withdraw from a current representation due to a conflict of interest.

US Attorney Myers to lead AG’s cyber, intellectual property subcommittee

July 13, 2022 | IL Staff

U.S. Attorney for the Southern District of Indiana Zachary Myers has been chosen to chair the Attorney General’s Advisory Committee’s cyber and intellectual property subcommittee, tackling issues at the intersection of law enforcement and high technology.

Uvalde’s new anguish: Video shows police waiting in school

July 13, 2022 | Associated Press

A new wave of anger swept through Uvalde on Tuesday over surveillance footage of police officers in body armor milling in the hallway of Robb Elementary School while a gunman carried out a massacre inside a fourth-grade classroom where 19 children and two teachers were killed.

US inflation reached a new 40-year high in June of 9.1%

July 13, 2022 | Associated Press

Surging prices for gas, food and rent catapulted U.S. inflation to a new four-decade peak in June, further pressuring households and likely sealing the case for another large interest rate hike by the Federal Reserve, with higher borrowing costs to follow.

Indiana man accused of dismembering girlfriend’s body

July 13, 2022 | Associated Press

A western Indiana man is accused of dismembering his girlfriend with a chain saw and putting her remains in trash bags after she died while they were smoking methamphetamine.

Indiana governor won’t specify anti-abortion steps he backs

July 13, 2022 | Associated Press

Indiana Gov. Eric Holcomb sidestepped taking a stance Tuesday on how far the Republican-dominated Legislature should go in restricting abortions when state lawmakers begin a special session in less than two weeks.

Pryor begins 7th Circuit confirmation process Wednesday with committee hearing

July 12, 2022 | Marilyn Odendahl

Magistrate Judge Doris Pryor of the Southern Indiana District Court is scheduled to appear Wednesday before the Senate Judiciary Committee for her confirmation hearing to the 7th Circuit Court of Appeals.

Indiana denied fees in foster care litigation

July 12, 2022 | Marilyn Odendahl

In denying Indiana’s request for an award of costs for successfully defending a lawsuit that had challenged the state’s foster care system, the 7th Circuit Court of Appeals highlighted the appellate procedure rule that limits who can be held responsible for reimbursements.

Lake County Council can have power over county purchasing, data collection, COA affirms

July 12, 2022 | Katie Stancombe

A dispute over who can make purchasing decisions and collect data for Lake County has been resolved in favor of the Lake County Council, despite opposition from the county’s commissioners.

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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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