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Justices: Teachers can bargain over pay for ‘ancillary duties,’ but not definition of duties

September 17, 2021 | Olivia Covington

While teachers associations can bargain over compensation for “ancillary duties” such as supervising detention, they cannot bargain over what those duties actually are, the Indiana Supreme Court has ruled, upholding a determination by the Indiana Education Employment Relations Board.

State ordered to repay bank $709K after traffic stop cash seizure

September 17, 2021 | Katie Stancombe

The state must pay back more than $700,000 to a money services business who had cash seized following a traffic stop, the Indiana Court of Appeals has ruled, finding “no evidence whatsoever that a crime was committed.”

COA: Trial court didn’t err in sentencing child molesting mom

September 17, 2021 | Jordan Morey

A trial court didn’t exceed its statutory authority when it sentenced a Howard County woman to more than 20 years for molesting her two young children, according to the Indiana Court of Appeals.

Justice Thomas urges Americans to strive for ideals of Declaration of Independence

September 17, 2021 | Olivia Covington

During the 2021 Tocqueville Lecture Thursday at the University of Notre Dame, U.S. Supreme Court Justice Clarence Thomas discussed how his early life attending a Catholic school in the South now influences his approach to life and the law and helps shape his view of America.

Justice Department reviewing policies on transgender inmates

September 17, 2021 | Associated Press

The Justice Department is reviewing its policies on housing transgender inmates in the federal prison system after protections for transgender prisoners were rolled back in the Trump administration.

Opinions Sept. 16, 2021

September 16, 2021

Indiana Court of Appeals
Sean Douglas Neal v. State of Indiana
21A-CR-730
Criminal. Affirms Sean Neal’s Level 4 felony child molesting conviction and adjudication as a habitual offender. Finds the Green Circuit Court erred in admitting opinion testimony by Greene County Sheriff’s Department Detective Shawn Cullison, pursuant to Evidence Rule 704(b), but that it didn’t rise to the level of fundamental error.

Tax Court affirms Indiana Board’s final determination of fast-food facility valuation after renovations

September 16, 2021 | Katie Stancombe

A Shelbyville fast-food restaurant owner has not prevailed in an appeal before the Indiana Tax Court after challenging the 2019 assessment of their more than 30-year-old restaurant building following hundreds of thousands of dollars in renovations.

COA: Trial court erred in allowing opinion testimony during child molesting case, but didn’t commit fundamental error

September 16, 2021 | Jordan Morey

A trial court erred in admitting opinion testimony by a detective during a child molesting case, but it wasn’t enough to establish fundamental error, the Indiana Court of Appeals has ruled.

Indiana Supreme Court launches Indiana Commission on Equity and Access in the Court System

September 16, 2021 | IL Staff

The Indiana Supreme Court has created an additional avenue to improving Hoosiers’ access to justice and public trust in the judiciary through the newly established Indiana Commission on Equity and Access in the Court System.

Elkhart officer who gave false testimony in Royer case now facing termination

September 16, 2021 | Olivia Covington

The lead detective in an Elkhart murder case whose actions contributed to the exoneration of a man with a mental disability is now facing termination from the Elkhart Police Department.

Tax Court reverses for Indy law firm in taxpayer refund dispute

September 16, 2021 | Katie Stancombe

An Indianapolis law firm has secured a reversal from the Indiana Tax Court after the Indiana Board of Tax Review was found to have erred in declining to accept as true factual allegations that the firm was the taxpayer who paid property taxes on property it purchased.

Redistricting could pose challenges to some House GOP lawmakers

September 16, 2021 | Emily Ketterer and Indianapolis Business Journal Staff

Some Indiana House Republican incumbents could go head-to-head with their GOP colleagues next election cycle based on shifts in the proposed redistricting maps.

Gas City woman who strangled stepdaughter gets life sentence

September 16, 2021 | Associated Press

A northern Indiana woman convicted of murder in the strangulation death of her 10-year-old stepdaughter was sentenced to life in prison without the possibility of parole.

Bloomington panel backs Black family’s name for Jordan Ave.

September 16, 2021 | Associated Press

Bloomington’s Plan Commission has endorsed renaming the city’s portion of Jordan Avenue after a Black family that rose to prominence after escaping slavery instead of a 19th century Indiana University president who supported eugenics.

Appeals court sides with Biden’s deportation priorities

September 16, 2021 | Associated Press

A federal appeals court on Wednesday allowed the Biden administration’s selective criteria on who should be deported to remain in effect, rejecting one of Texas’ challenges to the president’s immigration policies.

Biles: FBI turned ‘blind eye’ to reports of gymnasts’ abuse

September 16, 2021 | Associated Press

Olympic gold medalist Simone Biles told Congress in forceful testimony Wednesday that federal law enforcement and gymnastics officials turned a “blind eye” to USA Gymnastics team doctor Larry Nassar’s sexual abuse of her and hundreds of other women.

Opinions Sept. 15, 2021

September 15, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:

Ann Robbins v. MED-1 Solutions, LLC
20-1343
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Tim A. Baker.
Civil. Affirms the entry of judgment for MED-1 Solutions LLC in Ann Robbins’ federal action seeking damages under the Fair Debt Collection Practices Act. Finds a related state-court dismissal order does not have preclusive effect. Also finds Robbins’ contract with the hospital system required her to pay all collection costs, including attorney fees MED-1 did not violate the FDCPA by attempted to collect fees-on-fees in the state-court proceedings.

StubHub agrees to refund payments for canceled events

September 15, 2021 | IL Staff

Indiana has reached a settlement with an online ticket provider allowing Hoosiers to get cash refunds for tickets they purchased to concerts and sporting events that were then canceled because of the COVID-19 public health emergency.

Justices agree to hear bicyclist’s negligence case against Michigan City after pothole crash

September 15, 2021 | IL Staff

The Indiana Supreme Court has agreed to consider a cyclist’s appeal of her negligence case against Michigan City after she was injured while riding her bike on a local road.

7th Circuit: Collection agency entitled to fees after woman defaulted on small hospital debt

September 15, 2021 | Jordan Morey

A collection agency didn’t violate the Fair Debt Collection Practices Act when it attempted to collect attorney fees and “fees-on-fees” from an Indianapolis woman who defaulted on a small debt to an Indiana hospital system, the 7th Circuit Court of Appeals has ruled.

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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

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

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