Judge upholds Indiana emergency law challenged by governor
A judge on Thursday upheld the increased power Indiana legislators gave themselves to intervene during public health emergencies, siding with them in a lawsuit filed by Gov. Eric Holcomb.
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Hall Render’s longtime leader stepping down to become CEO of OrthoIndy
John Ryan, longtime head of Indianapolis-based law firm Hall, Render, Killian, Heath & Lyman, is stepping down Jan. 1 to become CEO of OrthoIndy, one of the region’s largest orthopedic practices.
Opinions Oct. 7, 2021
Indiana Supreme Court
Betty Miller, Individually and as Personal Representative of the Estate of John Allen Miller v. Laxeshkumar Patel, M.D., John Schiltz, M.D., Benjamin Coplan, M.D., Joseph Hill, M.D., Erik Fossum, M.D., Bradford Hale, M.D., Christine Tran, M.D., James Blickendorf, M.D., Robert McAllister, M.D., Sara Koerwitz, M.D., Timothy Held, PA, Community Health Network, Inc., d/b/a Community Howard Regional Health Hospital and Community Howard Behavioral Health, Community Physicians of Indiana, Inc., d/b/a Community Physician Network, Community Howard Regional Health, Inc., St. Joseph Hospital & Health Center, Inc., St. Vincent Health, Inc., Ascension Health, Inc., and Medical Associates, LLP
21S-CT-455
Civil tort. Reverses the denial of Betty Miller’s request to amend her complaint against several hospitals that treated her grandson under Indiana Trial Rule 15(C) to allege a violation of 42 U.S.C. § 1395dd, the Emergency Medical Treatment and Labor Act. Finds EMTALA’s statute of limitations does not preempt an amendment under Trial Rule 15(C). Finding the trial court must now consider whether the EMTALA claim arose out of the same conduct set forth or attempted to be set forth in the original complaint, remands for reconsideration of Miller’s motion.
Indiana Supreme Court amends professional conduct, bar admittance and attorney discipline rules
| IL Staff
The Indiana Supreme Court has announced several amendments to the rules of professional conduct and rules for admission to the bar and discipline of attorneys, including a new rule and references to the Indiana Office of Admissions and Continuing Education.
Johnson makes history as new U.S. Attorney for Northern Indiana
Clifford Johnson was sworn in as U.S. Attorney for the Northern District of Indiana Wednesday morning, making him the first African American to hold the position.
COA reverses sexual battery conviction on issue of first impression, declines to broaden ‘unaware’ prong
The Indiana Court of Appeals has reversed a man’s sexual battery conviction for touching a woman multiple times after finding it relied on an overly broad interpretation of the sexual battery statute.
Justices reverse denial of claim against hospital in case tied to killing
The Indiana Supreme Court has reversed the denial of a woman’s claim against a hospital that discharged her grandson just before he murdered her husband, remanding for reconsideration of her motion to amend under Indiana Trial Rule 15(C).
Lawsuit alleges Old National Bank redlined against Blacks in Indianapolis
Old National Bank, headquartered in Evansville, has been accused in a federal lawsuit of redlining in the Indianapolis area by making disproportionally fewer mortgages to Blacks, closing branches in predominately Black neighborhoods, and providing Blacks with less information during the mortgage application process.
Pfizer asks US to allow COVID shots for kids ages 5 to 11
Pfizer asked the U.S. government Thursday to allow use of its COVID-19 vaccine in children ages 5 to 11 — and if regulators agree, shots could begin within a matter of weeks.
Judge orders Texas to suspend new law banning most abortions
A federal judge ordered Texas to suspend the most restrictive abortion law in the U.S., calling it an “offensive deprivation” of a constitutional right by banning most abortions in the nation’s second-most populous state since September.
2008 Mississippi River spill: Jeffersonville barge company to pay $6.6M
An Indiana-based barge company responsible for a Mississippi River oil spill that significantly damage shoreline habitat in south Louisiana in 2008 has agreed to pay $2.1 million in damages and buy and preserve a wildlife habitat just miles from downtown New Orleans.
‘Servant leader’ Susan Brooks honored at Red Mass
Former Rep. Susan Brooks was honored with the Woman for All Season’s Award by the St. Thomas More Society of Central Indiana as part of a Red Mass celebration Tuesday at Saints Peter and Paul Cathedral.
Former Muncie mayor faces bribery sentencing next month
A former Indiana mayor is set to find out his punishment next month on federal charges of taking a $5,000 bribe in exchange for steering city projects to a contractor.
Indiana school bus struck, rolls over, during police pursuit
A man who drove away from an attempted police traffic stop collided with a school bus, causing it to roll over as a northwest Indiana officer pursued him, police said.
Ex-Indiana lawmaker seeks 2022 challenge to GOP Rep. Spartz
A Democratic former Indiana state legislator is looking to challenge Republican U.S. Rep. Victoria Spartz in next year’s election.
Indiana justices amend state parenting time guidelines
| IL Staff
The Indiana Supreme Court has issued a 28-page order detailing changes made to Indiana’s parenting time guidelines, which will take effect New Year’s Day.
Opinions Oct. 6, 2021
Indiana Court of Appeals
Steven Michael Fougerousse v. Dawn M. (Fougerousse) Dardeen (mem. dec.)
21A-DC-00599
Domestic relations, with children. Affirms an order restricting Steven Fougerousse’s parenting time with his daughters. Finds the record provides a rational basis for the trial court’s parenting-time determination that Father’s parenting time would endanger his children’s physical health or significantly impair their emotional development due to his abuse of alcohol. Thus, finds no abuse of discretion and that Father has failed to establish prima facie error
IU students again challenging vaccine mandate at 7th Circuit
A group of Indiana University students challenging the school’s COVID-19 vaccine mandate are seeking relief from the 7th Circuit Court of Appeals, arguing IU should have the burden to prove that the mandate is constitutional.
Indy attorneys Thompson, Clark selected to receive civic award
| IL Staff
Two Indianapolis attorneys will soon receive a local civic award for their efforts to bring together the public and private sectors for civic improvement in the city.
Applicants sought for Northern District chief deputy clerk vacancy
| IL Staff
The U.S. District Court for the Northern District of Indiana is accepting applications to fill an opening in its chief deputy clerk position.