Allen County OWI court first in Indiana to be certified
Allen Circuit Court’s Operating a Vehicle While Intoxicated Court has become the first of its kind in the state to receive full certification.
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2nd inmate in 2 weeks killed at Terre Haute federal prison
An inmate who was transferred to one of the most secure federal prison facilities in the U.S. was stabbed to death within hours of arriving, raising fresh questions about the government’s ability to keep prisoners safe amid severe understaffing and a myriad of crises plaguing the federal prison system.
7th Circuit: Uber personal injury accident case properly dismissed for untimely summons
The Indiana Northern District Court did not abuse its discretion in dismissing an Indiana man’s personal injury case stemming from an Uber accident after he failed to timely serve the summons and complaint on the defendants, the 7th Circuit Court of Appeals ruled Friday.
Court rules IU’s access of data on ID cards did not violate Constitution
Four Indiana University students failed to persuade a federal court that their privacy rights were violated when the school tracked their movements through the data gathered from their university identification cards as part of an investigation into a suspected fraternity hazing incident.
COA: $475k purchase price reasonable for Hamilton County utility acquisition
Two Hamilton County wastewater companies can move forward with their acquisition deal costing the significantly larger entity hundreds of thousands of dollars, the Indiana Court of Appeals has affirmed.
Rising eviction crisis bringing calls for attorneys to volunteer
The American Bar Association and Legal Services Corp. are echoing the open call U.S. Attorney General Merrick Garland has made, asking attorneys around the country to volunteer their services in their communities to help the millions of individuals and families facing evictions now that the moratorium protection has ended.
Opinions Sept. 3, 2021
7th Circuit Court of Appeals
Kirk Jones v. Kevin Ramos
20-2017
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty. Civil. Affirms the Northern District Court’s dismissal of Kirk Jones’ personal injury case without prejudice for failure to timely serve the summons and complaint on the defendants, including Kevin Ramos. Finds Jones had filed the suit only two days short of the limitations period, and therefore the ruling effectively ended the litigation. Finds the district court did not abuse its discretion when it reasonably applied prevailing 7th Circuit law.
Purdue wins judgment on wage discrimination claims but allegations of FMLA, FSLA violations can proceed
Purdue University and a group of its employees have secured victory on a terminated worker’s wage discrimination claims. However, the former employee’s claims alleging violations of the Fair Labor Standards Act and Family and Medical Leave Act by her Purdue supervisors can proceed.
Retiring COA judge Kirsch certified as senior judge
| IL Staff
After serving for more than 25 years on the Indiana Court of Appeals, Judge James S. Kirsch is moving on. The Indiana Supreme Court handed down an order Wednesday giving senior judge status to Kirsch, who announced his retirement in January.
1st Afghan refugees bound for Camp Atterbury arrive in state
The first group of Afghan refugees bound for Camp Atterbury in southern Indiana arrived in the state Thursday.
Judge OKs settlement with US Steel over 2017 Indiana spill
A federal judge has approved a revised settlement with U.S. Steel, more than four years after one of the steelmaker’s Indiana plants discharged wastewater containing a potentially carcinogenic chemical into a Lake Michigan tributary.
Indiana legislators eye Texas abortion law but not this year
Indiana’s Republican-dominated Legislature has approved numerous abortion restrictions over the past decade but its top leaders said Thursday it won’t hurry to adopt legislation patterned after a new Texas law that bans most abortions.
Ex-prosecutor indicted for misconduct in Ahmaud Arbery death
A former Georgia prosecutor was indicted Thursday on misconduct charges alleging she used her position to shield the men who chased and killed Ahmaud Arbery from being charged with crimes immediately after the shootings.
Opinions Sept. 2, 2021
Indiana Supreme Court
Jesse R. Bunnell v. State of Indiana
21S-CR-139
Criminal. Affirms the denial of Jesse Bunnell’s motion to suppress in his marijuana case. On an issue of first impression, finds that an officer who affirms that they detect the odor of raw marijuana based on their training and experience may establish probable cause without providing further details on their qualifications to recognize this odor. Justice Christopher Goff concurs in result without separate opinion. Justice Mark Massa concurs with separate opinion.
Justices: Officers that detect odor of raw marijuana may establish probable cause based on ‘training and experience’
If a law enforcement officer believes they smell raw marijuana based on prior training and experience, they may establish probable cause for a search warrant based on that training and experience, the Indiana Supreme Court has ruled on an issue of first impression.
Tax Court reverses grant of homestead deduction to couple owning property in Indiana, Illinois
A Monroe County couple is not entitled to claim homestead deductions on both their Illinois and Indiana homes, which they had done for several years after moving to Indiana, the Indiana Tax Court has ruled.
Lawsuit accuses Lilly of favoring millennials over older job applicants
Eli Lilly and Co. refuses to interview and hire older workers, systematically favoring recent college graduates and other younger applicants, a new lawsuit alleges.
2 Indiana inmates charged in fatal attack on fellow Pendleton inmate
Two prison inmates have been charged with murder in the fatal beating and stabbing of a fellow inmate last year at a central Indiana prison.
Judge conditionally approves Purdue Pharma opioid settlement
A federal bankruptcy judge gave conditional approval Wednesday to a sweeping settlement that will remove the Sackler family from ownership of OxyContin maker Purdue Pharma and devote potentially $10 billion to fighting the opioid crisis that has killed a half-million Americans over the past two decades.
IU Health suspends hundreds of unvaccinated workers, postpones all inpatient elective surgeries
Hundreds of Indiana University Health did not meet Wednesday’s deadline to get vaccinated for COVID-19 and will be suspended immediately, the hospital system confirmed Thursday.