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IndyBar: Indiana Disability Rights Named 2022 Community Empowerment Fund Grant Recipient

April 13, 2022 | From IndyBar

Advanced directives are essential tools for ensuring one’s wishes for medical and end-of-life treatment are known. Unfortunately, people with intellectual or developmental disabilities are often overlooked in discussions surrounding advanced directives. Thanks to a $35,000 grant from the Indianapolis Bar Foundation, a new program from Indiana Disability Rights will empower these individuals to make their important end-of-life choices known.

Citizens Energy sues apartment complexes for $1.3M in unpaid bills

April 12, 2022 | Leslie Bonilla Muñiz, Indianapolis Business Journal and Indianapolis Business Journal Staff

Citizens Energy Group has filed suit against the owners of three Indianapolis apartment complexes over more than $1.3 million in unpaid utility bills, alleging they defrauded both the energy giant and residents.

Former employers lose again in breach-of-confidentiality appeal, but attorney fees partially overturned

April 12, 2022 | Jordan Morey

A breach-of-confidentiality dispute between concrete-industry employees and their former employer returned to the Court of Appeals of Indiana for a second time but largely yielded the same result on Tuesday. However, one of the companies did score a partial win as the COA overturned an award of attorney fees.

Opinions April 12, 2022

April 12, 2022

Court of Appeals of Indiana
County Materials Corp. and Central Processing Corp. v. Indiana Precast, Inc., Ryan S. Gookins, and Richard A. Rectenwal III
20A-PL-1683
Civil plenary. Affirms the judgment of the Hancock Superior Court with respect to the denial of County Materials Corp. and Central Processing Corp.’s request to set aside final judgment for Ryan S. Gookins, Richard A. Rectenwal III and Indiana Precast Inc., as well as the denial of Central’s request to set aside the award of attorney fees. Reverses the denial of County’s request to set aside the award of attorney fees. Finds Central knew and subsequently admitted that it suffered no damages, so the trial court could reasonably find that Central’s act of bringing and/or continuing to litigate its numerous claims against the Precast parties was frivolous, unreasonable, groundless and done in bad faith. Also finds the Precast parties’ actions or inactions complicated County’s efforts to show that their case was not unreasonable or groundless. Finally, finds there were no grounds for the trial court to vacate its directed judgment against Central and in favor of the Precast parties, and County failed to show that it was entitled to relief under Indiana Trial Rules 59, 60(B)(2) or 60(B)(3).

Columbus car dealership secures Tax Court reversal on base rate application concerns

April 12, 2022 | Katie Stancombe

The Indiana Tax Court has reversed for a Columbus car dealership after finding that three appeals it filed regarding errors in the assessments of its property between 2016 and 2018 presented questions about the objective application of an already-determined base rate prescribed by a land order.

Tax Court reverses assessment because of possible ‘math error’

April 12, 2022 | Marilyn Odendahl

Finding a math error is objective rather than subjective, the Indiana Tax Court has revived the appeal of a property owner who argued the Bartholomew County assessor calculated his property tax assessment using the wrong base rate.

Oklahoma governor signs bill to make abortion illegal

April 12, 2022 | Associated Press

Oklahoma Gov. Kevin Stitt signed a bill into law on Tuesday that makes it a felony to perform an abortion, punishable by up to 10 years in prison, as part of an aggressive push in Republican-led states across the country to scale back abortion rights.

Accounts deceivable: Email scam costliest type of cybercrime

April 12, 2022 | Associated Press

Business Email Compromise scams are a type of crime where criminals hack into email accounts, pretend to be someone they’re not and fool victims into sending money where it doesn’t belong. These crimes get far less attention than the massive ransomware attacks that have triggered a powerful government response, but BEC scams have been by far the costliest type of cybercrime in the U.S. for years, according to the FBI—siphoning untold billions from the economy as authorities struggle to keep up.

Plea deal rejected by 3 ex-officers in George Floyd’s death

April 12, 2022 | Associated Press

Prosecutors revealed Monday evening that they offered plea deals to three former Minneapolis police officers charged with aiding and abetting the murder of George Floyd, but said at a hearing that the defendants rejected them.

Biden aims at ‘ghost gun’ violence with new federal rule

April 12, 2022 | Associated Press

President Joe Biden on Monday took fresh aim at ghost guns, the privately made firearms without serial numbers that are increasingly cropping up in violent crimes, as he struggles to break past gun-control opposition to address firearm deaths.

EXPLAINER: Where do US opioid trials, settlements stand?

April 12, 2022 | Associated Press

The effort to hold drug companies, pharmacies and distributors accountable for their role in the opioid crisis has led to a whirlwind of legal activity around the U.S. that can be difficult keep tabs on.

Former IN lawmaker pleads guilty to felony campaign finance violations

April 11, 2022 | IL Staff

Former Indiana State Sen. Darryl Brent Waltz has pleaded guilty to two felonies in federal court for taking illegal campaign contributions from a casino and lying to the FBI.

National legal aid agency seeking more than $1 billion in federal funding

April 11, 2022 | IL Staff

Citing the continuing need created by the COVID-19 public health emergency, the Legal Services Corp. is asking Congress for an appropriation of $1.26 billion for fiscal year 2023.

Drivers in Ohio River bridges lawsuit reach preliminary settlement

April 11, 2022 | Marilyn Odendahl

The plaintiffs in the Ohio River toll bridges billing dispute are asking a federal court to approve a $2.5 million settlement they have reached with Gila, LLC, a subcontractor hired to help with the invoicing and collections operation.

Families of Indianapolis FedEx shooting victims file lawsuit in federal court

April 11, 2022 | IL Staff

Family members of the victims who were killed during a mass shooting at the Indianapolis FedEx Ground facility last year on the city’s southwest side have filed a lawsuit in federal court seeking justice for their loved ones.

Opinions April 11, 2022

April 11, 2022

Court of Appeals of Indiana
Lisa Rose Fedij v. State of Indiana
21A-CR-1481
Criminal. Reverses Lisa Rose Fedji’s conviction of Class A misdemeanor possession of marijuana but affirms her conviction of Class C misdemeanor possession of paraphernalia. Finds that the Hamilton Superior Court abused its discretion when it admitted the writing and symbols from packages in Fedij’s possession into evidence under the market reports exception to hearsay, Evidence Rule 803(17). Also finds insufficient evidence to support Fedij’s Class A misdemeanor conviction, but sufficient evidence supports the Class C misdemeanor conviction. Remands with instructions for the trial court to vacate Fedij’s conviction and sentence for the Class A misdemeanor conviction.  

Reversal: THC candy packages wrongly admitted under hearsay exception rule

April 11, 2022 | Katie Stancombe

A woman has been cleared of a drug-related charge after the Court of Appeals of Indiana concluded two packages of THC candies seized from a search warrant of her bedroom were wrongly admitted under the market reports exception to hearsay.

Clark County judge returns to bench

April 11, 2022 | IL Staff

A Clark County judge will resume his duties on the bench this week after taking a medical leave of absence this past winter.

Man armed with screwdrivers attacks 2 South Bend officers

April 11, 2022 | Associated Press

Two South Bend police officers were injured when a man armed with two screwdrivers attacked them, authorities said.

Indiana inmate convicted in razor blade attack on officer

April 11, 2022 | Associated Press

An inmate at a northern Indiana prison has been convicted in a 2020 attack on a correctional officer who was slashed in the face with a razor blade, leaving him with a permanent scar.

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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
  • 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

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

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