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Justices uphold distinction between active, passive fraud, find in favor of clinic after missed diagnosis

August 31, 2021 | Olivia Covington

The Indiana Supreme Court has reinstated judgment in favor of a now-defunct clinic that missed a woman’s hepatitis C diagnosis, finding that the patient’s medical malpractice claim was untimely.

7th Circuit: Exclusion of cross-examination of DNA evidence didn’t contribute to verdict in shooting case

August 31, 2021 | Katie Stancombe

The exclusion of cross-examination of DNA evidence did not contribute to the verdict handed to a Fort Wayne man for shooting at his ex-girlfriend and her children, the 7th Circuit Court of Appeals affirmed Tuesday.

Justices invite amicus curiae briefing in Lake Co. probation officers legal expense dispute

August 31, 2021 | IL Staff

A debate over whether Lake County is responsible for paying legal expenses incurred by two probation officers in a federal lawsuit is pending on transfer before the Indiana Supreme Court, which has invited amicus curiae briefing in the case.

Former general counsel sues Indiana state treasurer for illegal contracting, names Indy law firm as defendant

August 31, 2021 | Marilyn Odendahl

The former chief deputy and general counsel in the Office of the Indiana Treasurer has filed a whistleblower lawsuit against state Treasurer Kelly Mitchell and other individuals and private entities, including Ice Mille LLP, alleging more than $6 million in state contracts have been illegally steered to her campaign donors.

COA reverses informal adjustment order

August 31, 2021 | Jordan Morey

A trial court was without statutory authority when it ordered a father to participate in an informal adjustment without his consent, the Indiana Court of Appeals has ruled.

20 states including IN sue over Biden admin school, work LGBT protections

August 31, 2021 | Associated Press and IL Staff

Attorneys general from 20 states including Indiana sued President Joe Biden’s administration Monday seeking to halt directives that extend federal sex discrimination protections to LGBTQ people, ranging from transgender girls participating in school sports to the use of school and workplace bathrooms that align with a person’s gender identity.

Clinics ask high court to block Texas 6-week abortion ban

August 31, 2021 | Associated Press

Abortion providers in Texas are asking the Supreme Court to prevent enforcement of a state law that would allow private citizens to sue anyone for helping a woman get an abortion after about six weeks of pregnancy.

Last troops exit Afghanistan, ending America’s longest war

August 31, 2021 | Associated Press

The United States has completed its withdrawal from Afghanistan, ending America’s longest war and closing a chapter in military history likely to be remembered for colossal failures, unfulfilled promises and a frantic final exit that cost the lives of more than 180 Afghans and 13 U.S. service members, some barely older than the war.

IL parent company IBJ Media acquires Inside INdiana Business television, website

August 31, 2021 | Indianapolis Business Journal Staff and IL Staff

IBJ Media, publisher of the Indianapolis Business Journal and The Indiana Lawyer, announced Tuesday that it has acquired Grow INdiana Media Ventures LLC and its Inside INdiana Business brand, which includes television, radio and digital products.

Plymouth lawyer agrees he violated professional conduct rules

August 30, 2021 | IL Staff

A Plymouth attorney has agreed with the Indiana Supreme Court Disciplinary Commission he violated Indiana Professional Conduct Rules while representing a client during a divorce case.

Opinions Aug. 30, 2021

August 30, 2021

7th Circuit Court of Appeals
Chad E. Mathis v. Metropolitan Life Insurance Company, a.k.a. METLIFE, et al.,
20-2719
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Affirms the Indiana Southern District Court’s dismissal of Dr. Chad Mathis’ negligent-procurement claim with prejudice and the grant of summary judgment to Metropolitan Life Insurance Company, MetLife, on most his breach-of-contract claim. Finds the district judge committed no error in disposing of Mathis’s claims.

COA: Insurer has duty to defend bars and owners following vehicle accident

August 30, 2021 | Marilyn Odendahl

Illinois Casualty Company will have to pick up the tab for a pair of Kokomo watering holes after the Indiana Court of Appeals found the insurer has a duty to defend the bars and the owners in a lawsuit arising from a traffic accident caused by one of their customers.

Oakland City attorney suspended for noncooperation

August 30, 2021 | IL Staff

The Indiana Supreme Court has suspended Oakland City attorney Darlene C. Robinson for failing to cooperate in a disciplinary investigation against her.

7th Circuit affirms dismissal of Alabama surgeon’s claims against Hoosier insurance broker

August 30, 2021 | Katie Stancombe

An out-of-state surgeon did not sway the 7th Circuit Court of Appeals on Monday from affirming the dismissal of his negligent procurement claims against an Indiana insurance broker who convinced him to switch disability policies.

Indiana Supreme Court rules Indy lawyer didn’t engage in misconduct

August 30, 2021 | IL Staff

More than a year after the case opened, the Indiana Supreme Court Disciplinary Commission has ruled Indianapolis lawyer Burnell K. Grimes, Jr. did not engage in professional misconduct.

7th Circuit requiring complete vaccination status for in-person oral arguments

August 30, 2021 | Katie Stancombe

Lawyers preparing to appear in person for oral arguments at the 7th Circuit Court of Appeals must be fully vaccinated against COVID-19 – otherwise, they’ll be asked to appear remotely.

COA divided over mother’s gender-marker change request for transgender son

August 30, 2021 | Jordan Morey

A split Indiana Court of Appeals panel upheld Monday the denial of a mother’s petition asking for a gender marker change for her transgender son on his birth certificate, finding sufficient evidence wasn’t provided to prove the change was in the child’s best interests.

Indianapolis attorney’s discipline converted to indefinite suspension

August 30, 2021 | IL Staff

Indiana Supreme Court justices have indefinitely suspended an Indianapolis lawyer who was suspended earlier this year for failing to cooperate with the disciplinary commission concerning a grievance against her.

Marchers across US call on Congress to bolster voting rights

August 30, 2021 | Associated Press

Thousands of voting rights advocates rallied across the country Saturday to call for sweeping federal laws that would wipe out voting restrictions advancing in some Republican-controlled states that could make it harder to cast a ballot.

Records rebut claims of unequal treatment of Jan. 6 rioters

August 30, 2021 | Associated Press

It’s a common refrain from some of those charged in the Jan. 6 riot at the U.S. Capitol and their Republican allies: The Justice Department is treating them harshly because of their political views while those arrested during last year’s protests over racial injustice were given leniency.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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