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Indiana gas tax set to increase while state eyes inflation relief

June 21, 2022 | Associated Press

Indiana will see another increase in state gasoline taxes starting July 1 amid promises of inflation relief—including a proposal to issue direct payments to Indiana residents later this month.

Opinions June 20, 2022

June 20, 2022

Clarence L. White, Folabi E. Oshinubi, and Denzel Lewis v. Krys Szalasny,
21A-CC-2063
Civil collections. Reverses Tippecanoe Circuit Court’s order granting tenants Clarence White, Folabi Oshinubi and Denzel Lewis attorney fees only for work done on the claim of breach of contract by landlord Krys Szalasny. Finds the tenants should be awarded attorney fees for time taken related to the petition for fees. Remands to the trial court to award tenants those fees and an additional $3,937 in attorney’s fees to compensate their time on the fee claim.

Split 7th Circuit allows RV worker’s age discrimination claim to continue

June 20, 2022 | Marilyn Odendahl

A former Forest River employee will get a second chance to make his claim that the recreational vehicle maker constructively discharged him by refusing to address age-based harassment after a split 7th Circuit Court of Appeals revived the case and sent it back to the Northern Indiana District Court. However, one judge dissented, asserting, “there was not enough ‘constructive’ in the plaintiff’s constructive discharge claim.”

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.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Howard County judge permanently banned from judicial service

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

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

  • State judiciary is considering alternative exam for bar admission

  • Mediator picked to help settle disciplinary case against AG Todd Rokita

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