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Opinions December 31, 2024

December 31, 2024

Indiana Court of Appeals

Eric Manual Montgomery v. State of Indiana
23A-CR-2052
Criminal. Affirms a jury finding Eric Montgomery guilty of rape, misdemeanor furnishing alcohol to a minor, and attempted obstruction of justice, and the imposition of an aggregate sentence of 36 years by Monroe Circuit Court Judge Valeri Haughton. Finds there was sufficient evidence to sustain Montgomery’s conviction of rape. Also finds that the trial court’s evidentiary rulings were not an abuse of its discretion and that neither its instructions to the jury nor the state’s filing of the amended charging information amounted to error, much less fundamental error. Attorney for appellant: Stacy Uliana. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General George Sherman.

Lawmakers seek road-funding changes, hope to avoid fiscal cliff

December 31, 2024 | Indiana Capital Chronicle

While education dominates half of Indiana’s budget and Medicaid costs worry lawmakers, a projected transportation infrastructure funding shortfall creeps closer.

New bills seek to sever state business ties to companies in adversarial countries

December 31, 2024 | Cate Charron, Indianapolis Business Journal

A pair of recently filed bills seek to limit the state from making deals and contracting with businesses located in countries considered to be foreign adversaries.

Community Health to pay another $145M in whistleblower case, including $6.3M to former CFO

December 31, 2024 | John Russell, Indianapolis Business Journal

Community Health Network has agreed to pay out another $145 million to settle claims that it engaged in a years-long scheme to recruit physicians and pay them huge salaries and bonuses in return for referrals.

Chinese hackers accessed workstations and documents in a ‘major’ cyber incident, Treasury says

December 31, 2024 | Associated Press

Chinese hackers remotely accessed several U.S. Treasury Department workstations and unclassified documents after compromising a third-party software service provider, the agency said Monday.

Indy doctor sues state health department over abortion reporting requirements

December 30, 2024 | Maura Johnson

The lawsuit argues a state law requiring physicians performing abortions to report certain information to the state is in direct conflict with new federal health privacy requirements.

Indiana Supreme Court to review sexual misconduct claims against doctor

December 30, 2024 | Alexa Shrake

The dispute centers on whether the claims should be heard by Lake Superior Court or by a medical review panel under the Medical Malpractice Act.

Opinions December 30, 2024

December 30, 2024

Indiana Court of Appeals 

Tina Marie Campbell v. Jeffrey Allen Campbell

24A-DC-1004

Domestic relations with children. Affirms in part, reverses in part. Finds Lake Superior Court Judge Calvin Hawkins did not abuse his discretion when awarding Tina and Jeffrey Campbell joint custody of their children. Reverses the non-disparagement clause in the dissolution decree, concluding that it amounts to an unconstitutional prior restraint on free speech. Finds the Lake Superior Court failed to rule on one issue and abused its discretion when it ruled on another issue. Remands with instructions to strike the non-disparagement clause from the dissolution order. Attorney for appellant: Debra Lynch Dubovich.

Trump endorses Mike Johnson to stay on as House Speaker

December 30, 2024 | Associated Press

The endorsement provides crucial backing for the Louisiana Republican as he prepares for what is expected to be another contentious speakership race this week.

Federal appeals court upholds $5M award in a sexual abuse verdict against President-elect Trump

December 30, 2024 | Associated Press

The 2nd U.S. Circuit Court of Appeals on Monday upheld a jury’s finding in a civil case that Donald Trump sexually abused a columnist in an upscale department store dressing room in the mid-1990s.

 

One-time bonus — but no pay raise — for state employees

December 30, 2024

Full-time employees of the executive branch will receive a one-time stipend of $1,250 in their Jan. 15, 2025, paycheck. Part-time and intermittent employees will receive $650.

Medicaid, prior authorization to be major topics for Legislature in 2025

December 30, 2024 | Indiana Capital Chronicle

What little new revenue is expected over the next two years likely will be swallowed up by Medicaid costs as lawmakers work to craft the state’s next budget.

Jimmy Carter, the 39th US president, has died at 100

December 30, 2024 | Associated Press

The longest-lived American president died on Sunday, roughly 22 months after entering hospice care, at his home in the small town of Plains, Georgia.

Gary’s Eddie Melton one of 20 mayors to sign letter of support for U.S. Steel acquisition

December 30, 2024 | Alex Brown, Inside Indiana Business

Earlier this month, the Japanese steelmaker said it would invest $1 billion in U.S. Steel’s Gary Works if the acquisition goes through.

State supreme court to hear wrongful termination case against South Bend school district

December 27, 2024 | IL Staff

The Indiana Supreme Court will hear oral arguments in January in a case where a woman sued the South Bend Community School Corporation, alleging wrongful termination of her employment with the school district.

US teacher jailed in Russia is formally designated as wrongfully detained

December 27, 2024 | Associated Press

An American schoolteacher arrested in Russia on drug charges more than four years ago has been designated by the U.S. government as wrongfully detained, the State Department said Friday.

Musk, Trump at odds with some on right over H-1B visas

December 27, 2024 | The Washington Post

Far-right activists clashed online with billionaire Elon Musk and other supporters of President-elect Donald Trump over the need for a skilled-worker immigration program that has long been a lifeblood for Silicon Valley—signifying a potential rift between Trump’s core nationalist base and technology executives who have come to support him.

Mexico tests cellphone app allowing migrants to send alert if they are about to be detained in US

December 27, 2024 | Associated Press

Mexico is developing a cellphone app that will allow migrants to warn relatives and local consulates if they think they are about to be detained by the U.S. immigration department, a senior official said Friday.

Opinions December 27, 2024

December 27, 2024

7th Circuit Court of Appeals
United States of America, ex rel., Judith Robinson, and State of Indiana v. Healthnet Inc.
23–2728
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney. Affirms the district court’s holdings that it lacked jurisdiction over Count III of Dr. Judith Robinson’s amended complaint, on behalf of the United States and the State of Indiana, against HealthNet alleging violations of the federal Anti-Kickback Statute and False Claims Act and the Indiana False Claims and Whistleblower Protection Act and that the settlement was fair, adequate, and reasonable. Finds that the district court did not abuse its discretion in rejecting Robinson’s challenges to the fairness of the settlement agreement. Also finds because that because Robinson has provided no other argument against the district court’s analysis or claimed shortcomings in the district court’s procedure, the circuit court finds the settlement agreement to be fair, adequate, and reasonable under the circumstances. Attorney for plaintiffs: Robert Saint, Lawrence Carcare,  Frances Barrow, Benjamin Jones. Attorneys for defendant: Libby Goodnight, Marc Quigley.

Schoolhouse Rock, Indiana edition: How a bill becomes a law

December 27, 2024 | Indiana Capital Chronicle

A biennial budget of more than $40 billion is on the line come January, alongside hundreds of other proposals from Indiana lawmakers. Just a fraction become law. How do we get there?

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • ‘Get involved.’ Indiana judges, attorneys offer advice for new lawyers

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

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