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Opinions Nov. 9, 2021

Indiana Court of Appeals
Financial Center First Credit Union v. Miguel Rivera
21A-CC-845
Civil collection. Affirms the Marion Superior Court’s denial of Financial Center First Credit Union’s motion to compel arbitration and to stay proceedings. Finds the credit union introduced ambiguity on appeal as to whether it sought to compel arbitration of just Miguel Rivera’s underlying individual claim or of the amended counterclaim as a whole, including the class action allegations. Also finds the credit union cannot arbitrate Rivera’s individual claim because it had already answered the claim and then filed for summary judgment. Finally, finds the credit union cannot arbitrate Rivera’s class action claim because the plain language of the contract states class action claims cannot be arbitrated.

US charges 2 suspected major ransomware operators

| Associated Press

A suspected Ukrainian hacker has been arrested and charged in the United States in connection with a string of costly ransomware attacks, including one that snarled businesses around the globe on the Fourth of July weekend, U.S. officials said Monday.

Opinions Nov. 8, 2021

Court of Appeals of Indiana
James Lewis Washington v. State of Indiana
21A-PC-385
Post-conviction relief. Reverses James Lewis Washington’s conviction for murder and robbery. Finds the post-conviction court erred when it concluded that Washington was not prejudiced by his trial counsel’s deficient performance. Vacates Washington’s convictions and remands for a new trial on the state’s charges.

New members appointed to JLAP committee

| IL Staff

Monroe Circuit Judge Mary Ellen Diekhoff and attorney Katherine Tapp of Kightlinger & Gray are the newest appointments to the Indiana Judges and Lawyers Assistance Program committee. They will begin their terms Jan. 1, 2022.