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Hamer-Bailey: PFAS liability and commercial property transfers

March 2, 2022 | Melissa Hamer-Bailey

Over the last few years, one of the most talked about — and confounding — topics in environmental law has been the issue of PFAS contamination (of per- and polyfluoroalkyl substances). A pervasive part of our modern lives, from Teflon to Scotchgard to firefighting foam, PFAS compounds now seem to be both a blessing and a curse.

IndyBar: Case to Watch: State of Indiana v. Google LLC

March 2, 2022 | Adam Ira and From IndyBar

Recently, the Indiana Attorney General’s Office filed a complaint on behalf of the state of Indiana against Google LLC. State of Indiana v. Google LLC is pending in Marion Superior Court 4 under Cause No. 49D04-2201-PL-002399. In the complaint, the state alleges that Google harvests consumers’ personal data, including location data, when consumers use Google products. Google in turn allegedly uses this data to target advertisements to consumers and evaluate the effectiveness of these advertisements.

DTCI: Spotlight on…

March 2, 2022 | From DTCI

Meet Cameron S. Huffman and Adam Ira, two members of DTCI.

Legal battle brewing over trans athlete bill

March 2, 2022 | Jordan Morey

In Indiana, a legal battle is already brewing over legislation that would ban transgender female athletes from competing on K-12 girls’ sports teams. Representatives from the American Civil Liberties Union of Indiana have promised to file a lawsuit while Indiana Attorney General Todd Rokita has said his office will defend the bill’s constitutionality.

 

Court Tech developing jail data management system

March 2, 2022 | Jordan Morey

With the Odyssey Case Management System now operational in all 92 Indiana counties, a new project aimed at better connecting justice partners is underway in Indiana. The new program, dubbed “INjail,” aims to not only make operations more efficient in sharing records — allowing courts and jails to seamlessly communicate with each other — but also to provide vital data to criminal justice stakeholders and lawmakers.

Kelln and Harrell: Could Title VI force change in IN enviro policies?

March 2, 2022 | Max Kelln and Julian Harrell

Conceptually, environmental justice is the “fair treatment and meaningful involvement of all people regardless of race, color, national origin or income, with respect to the development, implementation and enforcement of environmental laws, regulations and policies.” The concept of environmental justice is not new, but came to the forefront during the Obama administration in the aftermath of the Flint, Michigan, lead-contaminated drinking water crisis. However, environmental justice never became a coherent strategy and was overshadowed by significant rulemakings around climate change. That has changed in the first year of the Biden administration.

10 finalists named for IN Supreme Court vacancy

March 1, 2022 | IL Staff

The Indiana Judicial Nominating Commission has selected 10 finalists to advance to the next round of interviews for an upcoming vacancy on the Indiana Supreme Court that will open when Justice Steven David retires.

7th Circuit demands Seymour attorney answer for conduct at appellate court

March 1, 2022 | Marilyn Odendahl

An appeal of a federal court’s ruling in a dispute with the IRS has a Hoosier attorney facing sanctions after the 7th Circuit Court of Appeals found he “pressed frivolous arguments” and engaged in conduct contrary to professional standards.

Watered-down vaccine mandate limits clear Senate, return to House for consideration

March 1, 2022 | Emily Ketterer and Indianapolis Business Journal Staff

The Indiana Senate passed a watered-down version of the House Republicans’ bill to limit employer vaccine mandates, sending it back to the House where its future is cloudy.

Opinions March 1, 2022

March 1, 2022

Court of Appeals of Indiana
REO Holdings Series 3, LLC v. Angela Trowbridge and Mark Trowbridge, and Elizabeth Klapper and Stephen R. Klapper (mem. dec.)
21A-PL-1165
Civil plenary. Affirms Angela and Mark Trowbridge’s granted motion to dismiss a lawsuit filed by REO Holdings Series 3, LLC alleging breach of contract when the Trowbridges proceeded to attempt to convey their property to Elizabeth and Stephen Klapper when an REO representative failed to appear during closing. Finds that REO failed to allege any grounds in its complaint upon which it could prevail and that the trial court did not err in granting the Trowbidges’ motion to dismiss.

Despite identity theft, 7th Circuit rules debt collectors didn’t violate federal law in collection action

March 1, 2022 | Jordan Morey

While the process of remedying a case of credit card identity theft caused “a world of aggravation” for the plaintiff, the 7th Circuit Court of Appeals has affirmed the debt collectors’ actions during the investigation didn’t violate the Fair Debt Collection Practices Act or Fair Credit Reporting Act.

7th Circuit agrees lawyer’s mistake was ‘inexcusable attorney negligence’

March 1, 2022 | Marilyn Odendahl

Four plaintiffs seeking Cook Medical liable have lost their ability to continue in the multidistrict litigation after the 7th Circuit Court of Appeals affirmed the denial of a motion to reconsider the dismissal of their cases because their attorney missed a filing deadline.

Tax Court affirms, reverses in property tax disputes with ingredient provider

March 1, 2022 | Katie Stancombe

An American multinational ingredient provider that ran into trouble with the Indiana Board of Tax Review has secured a reversal from the Indiana Tax Court for its personal property taxes for the 2012 and 2013 tax years. However, it wasn’t as successful in its request for a refund after finding it overpaid for the 2011 tax year.

Legal Association Members

Indy Bar Members

Bill allowing Level 6 felons to go to DOC headed to governor’s desk

March 1, 2022 | Olivia Covington

A bill allowing Level 6 felony offenders to serve their sentences in the Indiana Department of Correction for mental health and addiction treatment is headed for the governor’s desk.

1 week left to submit ’22 Leadership in Law nominations

March 1, 2022 | IL Staff

There’s only one week left to submit your nominations for the 2022 Indiana Lawyer Leadership in Law Awards.

Noblesville High School seeks dismissal of lawsuit filed by pro-life student

March 1, 2022 | Marilyn Odendahl

Noblesville School District and Noblesville High School are asking a federal court to dismiss a lawsuit brought by a freshman who alleged her rights were violated because she was not allowed to start a student pro-life club.

SCOTUS justices wrestle with EPA power to curb carbon emissions

March 1, 2022 | Associated Press

The Supreme Court of the United States wrestled Monday with the Environmental Protection Agency’s authority to curb greenhouse gas emissions from the nation’s power plants, a case that could hamstring the Biden administration’s plans to combat climate change.

Many Capitol riot cases could hinge on 1st trial’s outcome

March 1, 2022 | Associated Press

The Justice Department launched one of the largest and most complex criminal investigations in its history after a mob of Donald Trump supporters stormed the U.S. Capitol over a year ago. Now it’s time for a jury to hear some of the government’s evidence about the unparalleled attack on American democracy.

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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?

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

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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