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Unpaid dues, failure to meet CLE requirements leaves 246 lawyers facing suspension

June 9, 2022 | IL Staff

A total of 246 lawyers face suspension from practicing law in Indiana for unpaid dues, violations of Interest on Lawyer Trust Account rules or failure to comply with continuing legal education requirements, the Indiana Supreme Court announced Tuesday.

Opinions June 9, 2022

June 9, 2022

Thursday’s opinions

Court of Appeals of Indiana 

Five Star Roofing Systems, Inc. D/B/A Five Star Commercial Roofing Systems Inc. v. Armored Guard Window & Door Group, Inc. D/B/A Pendleton Enterprises, Inc.
21A-PL-1964
Civil plenary. Affirms the grant of summary judgment, damages, and attorney fees in favor of Armored Guard Window & Door Group, Inc., doing business as Pendleton Enterprises, Inc. against Five Star Roofing Systems, Inc. Reverses the award of prejudgment interest with respect to the date the prejudgment interest began to accrue. Remands with instructions for the court to determine the appropriate amount of interest from Feb. 9, 2016.

 

Muncie man sentenced for threatening to ‘blow up’ juvenile magistrate’s home

June 9, 2022 | Jordan Morey

Days after a Muncie man was arrested for threatening to shoot Delaware County judges, a different Muncie man was sentenced for intimidation after saying he would “blow up” a juvenile magistrate judge’s house if she didn’t rule in his favor.

Holcomb proposes $1B refund for Indiana taxpayers

June 9, 2022 | Indianapolis Business Journal Staff

Gov. Eric Holcomb announced a plan on Thursday to call a special legislative session at the end of June and propose that $1 billion in state reserves be returned to Indiana taxpayers.

Jan. 6 Capitol attack committee goes prime time with probe

June 9, 2022 | Associated Press

With never-seen video, new audio and a mass of evidence, the House committee investigating the Jan. 6 attack on the U.S. Capitol will attempt to show the “harrowing story” not only of the day’s deadly violence that erupted that day but also the chilling backstory as the defeated president, Donald Trump, tried to overturn Joe Biden’s election victory. Thursday’s prime-time hearing will open with eyewitness testimony from the […]

House passes gun control bill after Buffalo, Uvalde attacks

June 9, 2022 | Associated Press

The House passed a wide-ranging gun control bill Wednesday in response to recent mass shootings in Buffalo, New York, and Uvalde, Texas, that would raise the age limit for purchasing a semi-automatic rifle and prohibit the sale of ammunition magazines with a capacity of more than 15 rounds.

Inmate indicted for stabbing death at prison in Terre Haute

June 9, 2022 | Associated Press

A grand jury has indicted a federal inmate in the 2019 stabbing death of an inmate at the federal prison complex in Terre Haute.

Allen County coroner declares toddler’s fentanyl death a homicide

June 9, 2022 | Associated Press

The death of a 1-year-old Fort Wayne girl from a fentanyl overdose last year has been ruled a homicide, a coroner said Wednesday.

Jail birds leave behind $3,000 mess at historic lockup in Steuben County

June 9, 2022 | Associated Press

A family of jail birds has left behind a nearly $3,000 mess at the historic Steuben County Jail in northeastern Indiana.

Opinions June 8, 2022

June 8, 2022

Court of Appeals of Indiana
Geist Lake Forest Property Owners’ Association, Inc. v. Taso’s Toys, LLC; Taso’s Toys, LLC v. Geist Lake Forest Property Owners’ Association, Inc., and RREF II RB-IN VM, LLC
21A-PL-2021
Civil Plenary. Affirms the Hamilton Superior Court’s finding that 2007 declaration of covenants, conditions and restrictions of Geist Lake Forest Subdivision was valid. Finds the Geist Lake Forest Property Owners’ Association and RREF II RB-IN VM LLC, were entitled to summary judgment as a matter of law that the association was validly formed. Holds the first amendment to the declaration did not exempt the lot owned by TT, an Indiana limited liability company, from the declaration’s requirements and that the non-residential building on TT’s property violated the declaration.

COA: Geist Lake homeowners had authority to create association

June 8, 2022 | Marilyn Odendahl

A group of homeowners argued that their feud with the developer of their subdivision put an issue of first impression before the Court of Appeals of Indiana, but the appellate panel ruled it did not have to rule on the larger issue because of the “clear and unambiguous language” of the declaration governing the use of the homeowners’ properties.

COA concludes genuine issues of material fact exist in roof repair breach of contract suit

June 8, 2022 | Katie Stancombe

The Court of Appeals of Indiana has affirmed the denial of summary judgment requests from both an Indiana roof contractor and a certified class over disputes stemming from a breach of contract case, finding genuine issues of material fact exist as to whether their contract is null and void.

COA: HOA rightfully granted summary judgment in dispute over pole barn

June 8, 2022 | Jordan Morey

A couple who constructed a pole barn on their property without first getting approval from their homeowners association failed to convince the Court of Appeals of Indiana that the trial court erred in granting the HOA summary judgment.

AG: All Indiana communities now participating in opioid settlement

June 8, 2022 | IL Staff

Every city, town and county in Indiana is now participating in the $507 million opioid settlement with major pharmaceutical distributors and manufacturers, the Indiana Attorney General’s Office announced Wednesday.

Armed man arrested near Justice Kavanaugh’s house

June 8, 2022 | Associated Press

The Supreme Court said Wednesday that an armed man who made threats against Justice Brett Kavanaugh was arrested near the justice’s house in Maryland.

Ex-Franklin College president gets 6 years for child enticement, porn

June 8, 2022 | Associated Press

The former president of Franklin College has been sentenced to six years in prison after pleading no contest to child enticement and other charges following his arrest in a Wisconsin sex crime sting.

Assault victims, including ex-Olympic gymnast Simone Biles, seek over $1B from FBI for failing to stop Larry Nassar

June 8, 2022 | Associated Press

Olympic gold medalist Simone Biles and dozens of other women who say they were sexually assaulted by Larry Nassar are seeking more than $1 billion from the FBI for failing to stop the sports doctor when the agency first received allegations against him, lawyers said Wednesday.

Former Indiana mayor leaves US prison after bribe conviction

June 8, 2022 | Associated Press

A former eastern Indiana mayor has been released from a federal prison with more than six months remaining on his one-year term after pleading guilty to taking a bribe.

Marquez: Spoofing and impersonation: identifying and addressing the issues

June 8, 2022 | Tino Marquez

What’s the difference between spoofing and impersonation? These terms are often used interchangeably, but they really are not quite the same.

Lawsuit challenges state’s handling of mentally ill

June 8, 2022 | Marilyn Odendahl

With allegations that individuals deemed incompetent to stand trial are being left to languish in Indiana’s county jails, a federal lawsuit filed in May by Indiana Protection and Advocacy Services is bringing renewed attention to the treatment of mentally ill inmates in the state’s criminal justice system.

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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

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

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

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

  • Delphi killer Richard Allen transferred to Oklahoma facility 

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