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COA awards additional attorney fees to tenants who countersued landlord

June 20, 2022 | Jordan Morey

House renters who argued their landlord who sued them should be held responsible for all attorney fees have secured a reversal from the Court of Appeals of Indiana and will walk away with nearly $4,000 more in fees.

COA reverses felony escape charge, finds woman didn’t have home detention order

June 20, 2022 | Jordan Morey

A Clark County woman who let her ankle monitor die was wrongfully charged with Level 6 felony escape, as she never had a home detention order to begin with, the Court of Appeals of Indiana has concluded.

Parental rights termination affirmed by COA following mother’s continued drug use

June 20, 2022 | Katie Stancombe

The termination of a Vanderburgh County mother’s parental rights to her minor child was based on sufficient evidence and did not violate her rights to due process, the Court of Appeals of Indiana has ruled.

COA: GAL wrongly appointed in grandparent visitation dispute

June 20, 2022 | Katie Stancombe

A guardian ad litem should not have been appointed in a visitation dispute between a mother and her child’s grandfather after he was denied more than a year’s worth of visitations, the Court of Appeals of Indiana has ruled, remanding to determine if a modification of the parties’ agreement is in the child’s best interests.

 

Deadline for Corporate Counsel Guide submissions extended for final time to Friday

June 20, 2022 | IL Staff

The deadline to submit company information for the 2022 Indiana Lawyer Corporate Counsel Guide has been extended for a final time to this Friday.

Indiana to get $2.9M in settlement over `free’ TurboTax ads

June 20, 2022 | Associated Press

Indiana will get $2.9 million from a nationwide settlement with a software company that misled users who filed their taxes through TurboTax.

Central Indiana man pleads guilty to Capitol riot charges

June 20, 2022 | Associated Press

A central Indiana man pleaded guilty Friday to carrying a loaded gun on the Capitol grounds and assaulting police during the Jan. 6, 2021, riot at the U.S. Capitol, federal prosecutors said.

Lilly faces lawsuit over alleged excessive retirement-plan fees

June 20, 2022 | John Russell, Indianapolis Business Journal and Indianapolis Business Journal Staff

Eli Lilly and Co. is one of hundreds of U.S. companies being sued in the recent trend in litigation: excessive fees on 401(k) retirement plans.

Challenger defeats Holcomb appointee to secure GOP nomination for secretary of state

June 20, 2022 | Susan Orr, Indianapolis Business Journal and Indianapolis Business Journal Staff

Challenger Diego Morales’ campaign to defeat Gov. Eric Holcomb’s appointee for Indiana secretary of state succeeded on Saturday, when Indiana Republican Party delegates nominated Morales to be their  candidate in November’s general election.

7th Circuit Judge Michael Kanne dies

June 17, 2022 | Marilyn Odendahl

Judge Michael Kanne of the 7th Circuit Court of Appeals, whose 50 years on the bench began in Jasper County, died June 16 at his home with his wife, Judith Ann, at his side. He was 83.

7th Circuit tosses aggravated felony under ‘overbroad’ criminal statute  

June 17, 2022 | Marilyn Odendahl

Finding Indiana’s 2006 statute regarding methamphetamine criminalized more conduct than the corresponding federal law, the 7th Circuit Court of Appeals found  an Indiana man’s conviction after pleading guilty to a drug charge was not an aggravated felony for purposes of deportation.

Opinions June 17, 2022

June 17, 2022

Court of Appeals of Indiana
Donnell Goston Sr., et. al v. State of Indiana, et al.
21A-CT-2484
Civil tort. Affirms the grant of summary judgment for the Indiana Department of Child Services and other state defendants on father Donell Goston Sr.’s negligence complaint. Finds the Marion Superior Court didn’t err in allowing DCS to file a third motion for summary judgment as the motion addressed grounds not previously brought by the agency. Also finds the Notice Statute doesn’t allow a private right of action, and the Legislature didn’t intend for the law to allow it to do so.

Indiana Supreme Court relies on COA analysis in ruling for insurer in drunken driving case

June 17, 2022 | Marilyn Odendahl

Adopting the efficient and predominant cause analysis, the Indiana Supreme Court has found an insurance company did not have a duty to defend two Kokomo bars and their owner who are alleged to have continued serving alcohol to an inebriated patron who subsequently got into a drunken driving accident.

COA rules for DCS in negligence complaint after dad wasn’t notified of injury reports

June 17, 2022 | Jordan Morey

An Indiana father who wasn’t notified that the Indiana Department of Child Services assessed allegations of abuse and neglect until two years after his twins were injured couldn’t convince the Court of Appeals of Indiana that the agency should be found negligent.

Justices permanently lift distance education limits for CLE, CJE

June 17, 2022 | IL Staff

Following changes made to accommodate social distancing beginning in 2020, the Indiana Supreme Court has permanently amended continuing education rules to lift limits on distance education.

Biden signs bill to protect Supreme Court justices into law

June 17, 2022 | Associated Press

President Joe Biden signed a bill Thursday that will give around-the-clock security protection to the families of Supreme Court justices.

GOP state treasurer race will measure financial skills, political connections

June 17, 2022 | Barb Berggoetz, special to Indianapolis Business Journal

Four candidates will square off this weekend in the race for the Republican nomination for Indiana state treasurer in a convention battle that will measure the value of financial skills and the power of candidates’ political connections.

Holcomb, associates attacked as too moderate as GOP prepares to nominate candidates

June 17, 2022 | Greg Weaver, Indianapolis Business Journal and Indianapolis Business Journal Staff

Political mail directly attacking Gov. Eric Holcomb and associated GOP candidates as too moderate has been delivered to delegates in advance of this weekend’s Indiana Republican Party convention, heightening an already looming intra-party showdown.

Larry Nassar loses last appeal in sexual assault scandal

June 17, 2022 | Associated Press

The Michigan Supreme Court on Friday rejected a final appeal from sports doctor Larry Nassar, who was sentenced to decades in prison for sexually assaulting gymnasts, including Olympic medalists.

Opinions June 16, 2022

June 16, 2022

Court of Appeals of Indiana
Anthony Brahimsha v. Mariana Vallejo (mem. dec.)
21A-DC-2812
Domestic relations with children. Affirms the Jasper Circuit Court’s division of the marital estate arising from the dissolution of marriage between Anthony Brahimsha and Mariana Vallejo. Finds the trial court did not abuse its discretion by including a $70,000 loan and a vehicle in the marital pot or by omitting the value of the parties’ personal assets from the marital estate. Also finds the trial court did not err in finding that Wife had dissipated marital assets. Finally, finds the trial court did not err when it deviated from an equal division of the marital estate.

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In This Issue

  • Will Trump’s interest in reclassifying marijuana push Indiana toward legalization?

  • Legislators take closer look at medical debt protections

  • Global law firm ups competition for Indiana casino clients

Most Read
  • Former credit union manager indicted on fraud charges

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

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

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

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

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