Hospitalizations from COVID-19 reach highest mark since last year
Hospitalizations due to COVID-19 in Indiana have reached their highest level since late last year, according to the latest figures from the Indiana State Department of Health.
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USA Gymnastics reaches $380M settlement with Nassar victims
The legal wrangling between Indianapolis-based USA Gymnastics and the victims of sexual abuse by former national team doctor Larry Nassar, among others, is over. The fight for substantive change within the sport’s national governing body is just beginning.
Wood plans for senior status, giving Biden another 7th Circuit pick
Judge Diane Wood of the 7th Circuit Court of Appeals has announced she will be taking senior status, giving President Joe Biden a third opportunity to fill a vacancy on the Chicago-based appellate bench.
Opinions Dec. 13, 2021
Court of Appeals of Indiana
Abram Lamar Glover v. State of Indiana
21A-CR-1422
Criminal. Affirms Abram Glover’s convictions for Level 6 felony strangulation and Level 6 felony domestic battery. Finds the Knox Superior Court did not abuse its discretion in how it regulated the form and substance of Glover’s jury selection or when it denied Glover’s motion for a mistrial and instead admonished the jury not to consider E.A.’s statement. Also finds the state’s comment in its opening statement was not prosecutorial misconduct and that it did not place Glover in “a position of grave peril to which he would not have been subjected otherwise.”
3rd judge presides over qui tam complaint against Indiana Treasurer Mitchell as defendants hire attorneys
The whistleblower case against Indiana Treasurer Kelly Mitchell has been unsealed, showing all the defendants, including Indianapolis-based Ice Miller LLP, have hired legal counsel and a third judge is now presiding over the matter after Marion Superior Judge Patrick Dietrick, who handled the case for 11 months, recused himself when the court was notified that his sister-in-law is employed by Ice Miller.
Actors retell personal accounts of early Indiana district judges during court historical society event
The Historical Society of the U.S. District Court for the Southern District of Indiana recently invited members of the legal community to listen to the true experiences — both joyful and harrowing — of two of its earliest judges.
COA affirms domestic violence convictions after trial court declines mistrial
Finding no prosecutorial misconduct or circumstances warranting a mistrial, the Court of Appeals of Indiana has affirmed a man’s two felony convictions following a domestic violence incident.
Judicial security bill authored after fatal shooting of judge’s son advances to full Senate
Federal legislation designed to protect members of the judiciary in the aftermath of the fatal shooting of one judge’s son at his home is advancing through the U.S. Senate.
State lawmakers eye business tax cuts
Whether Indiana lawmakers will cut business taxes in the 2022 session could be a $300 million question.
Legislation pits religious freedoms against employer rights
It’s one of the trickiest paths an employer must tread: when to make allowances for workers who express sincerely held religious views on matters ranging from work schedules to dress and grooming practices. And for the past year, Indiana employers have faced one more sensitive area: whether to enforce COVID-19 vaccination mandates on workers who say the vaccines violate their religious beliefs.
Holcomb: ‘The best is yet to come’
Indiana Gov. Eric Holcomb says despite challenges from the pandemic and workforce and supply chain issues, the state exceeded economic development goals in 2021, and the numbers suggest the momentum will continue into 2022.
Capitol rioters’ social media posts influencing sentencings
For many rioters who stormed the U.S. Capitol on Jan. 6, self-incriminating messages, photos and videos that they broadcast on social media before, during and after the insurrection are influencing even their criminal sentences.
National Guard helping virus-sapped states, hospitals
More U.S. states desperate to defend against COVID-19 are calling on the National Guard and other military personnel to assist virus-weary medical staffs at hospitals and other care centers.
Opinions Dec. 10, 2021
7th Circuit Court of Appeals
Nickolas Seekins v. CHEP USA and CHEP Recycled Pallet Solutions, LLC
20-3270
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms the Indiana Southern District Court’s grant of summary judgment to CHEP USA and CHEP Recycled Pallet Solutions in a dispute with Nickolas Seekins. Finds CHEP did not owe Seekins a duty of care under Indiana negligence law after his lost his foot in a work-related accident. Also finds the district court did not err in granting summary judgment to CHEP.
COA reinstates much of Gary’s welcoming ordinance
The city of Gary can roll out the welcome mat once again after the Court of Appeals of Indiana found that much of its welcoming ordinance did not violate state law.
7th Circuit: No duty of care owed to man injured while driving pallet jack
A pallet company did not owe a duty of care to a man whose foot was crushed and amputated after he was injured while operating a machine used to lift and transport pallets, the 7th Circuit Court of Appeals has affirmed.
Supreme Court affirms ruling for INDOT in injured motorist’s negligence case
An injured motorist who crashed his car into a tree after hydroplaning on Interstate 74 during a downpour did not convince the Indiana Supreme Court that his negligence suit against the Indiana Department of Transportation should proceed.
Split Supreme Court reverses summary judgment, immunity for INDOT in hydroplane lawsuit
Immunity for the Indiana Department of Transportation against a motorist’s personal injury lawsuit wasn’t appropriate because the agency knew of flooding issues on a northern Indiana highway for years and failed to remedy the problem before a woman was injured after her vehicle hydroplaned, a split Indiana Supreme Court has ruled.
Court won’t stop Texas abortion ban, but OKs clinics’ suit
The Supreme Court has ruled that Texas abortion providers can sue over the state’s ban on most abortions, but the justices are allowing the law to remain in effect.
Overwhelmed by latest surge, hospitals again delay elective surgeries
Hospitals across Indiana are once again delaying elective surgeries and procedures, and some warn they are operating near full capacity due to the latest COVID-19 surge.