US appeals court refuses to end CDC’s eviction moratorium
A federal appeals court on Friday said a pause on evictions designed to curb the spread of the coronavirus can remain in place for now, setting up a battle before the nation’s highest court.
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SCOTUS halts reinstating ‘Remain in Mexico’ policy
The Supreme Court is temporarily halting a judge’s order that would have forced the government to reinstate a Trump administration policy forcing thousands to wait in Mexico while seeking asylum in the U.S.
Opinions Aug. 20, 2021
Nathan L. Reitenour and Jamie M. Reitenour v. M/I Homes of Indiana, L.P., the Utilities Service Board of the City of Lawrence, Indiana, and the City of Lawrence
21A-CT-103
Civil tort. Reverses the Marion Superior Court’s order staying proceedings and compelling arbitration in Nathan and Jamie Reitenour’s suit against M/I Homes of Indiana L.P. Finds the order was premature because the Reitenours have not yet definitively chosen the remedy of damages. Also finds the Reitenours must choose damages, as opposed to recission of the purchase agreement, before the trial court may compel arbitration. Remands for further proceedings.
COA rules assets unfairly distributed in divorce
The Indiana Court of Appeals ruled Friday that a lower court erred in its distribution of assets and debts between a divorced Hendricks County couple.
COA: Arbitration order for homebuilder, owner ‘premature’ in plumbing dispute
A Lawrence couple will not be compelled to arbitration over a sewage dispute with their homebuilder at this time, the Indiana Court of Appeals ruled in a Friday reversal, finding an order to do so by the Marion Superior Court was “premature.”
COA reverses trial court’s modification in child custody case
A trial court erred in granting a petition for sole custody of a child to his father and will need to revisit its decision, the Indiana Court of Appeals has ruled.
Indiana leads 15-state brief in favor of remain-in-Mexico immigration policy
| IL Staff
Indiana Attorney General Todd Rokita this week led a 15-state coalition in opposition to President Joe Biden’s attempt to overturn the previous administration ‘s remain-in-Mexico immigration policy. A federal appeals court has declined Biden’s request to stay the injunction against his revocation of the policy, just days after Rokita filed an amicus brief.
Westfield’s latest lawsuit against clerk-treasurer alleges she compromised city data
The city of Westfield is once again suing Clerk-Treasurer Cindy Gossard, this time for giving an outside information technology contractor unauthorized access to the city’s computers.
Democrats face new hurdles in legal fight over redistricting
The fight over redrawing political maps is just ramping up in state legislatures and nonpartisan commissions around the country. But both Republicans and Democrats already are planning for major showdowns in the courts.
Man surrenders after claiming to have bomb near US Capitol
A North Carolina man who claimed to have a bomb in a pickup truck near the U.S. Capitol surrendered to law enforcement after an hourslong standoff Thursday that prompted a massive police response and the evacuations of government buildings in the area.
Federal courts impose new COVID-19 restrictions amid surge
| Associated Press and IL Staff
Just as in-person hearings and trials resumed at courthouses around the country, a surge of coronavirus cases sparked by the delta variant has prompted some federal courts to impose new restrictions and requirements for mask-wearing and vaccinations.
Federal judge denies state’s stay pending appeal of expansive abortion ruling
Following an expansive decision that both struck down and upheld numerous provisions of Indiana’s abortion regulation code, a federal judge has declined the state’s request to stay enforcement of that decision pending appeal.
Landlords look for an exit amid federal eviction moratorium
Landlords, big and small, are angry about eviction moratoriums, which they consider illegal. Many believe some tenants could have paid rent, if not for the moratorium.
9/30-10/1 – 2021 Annual Indiana Law Survey (hybrid event)
Program Chairs: Justice Steven H. David, Indiana Supreme Court Chief Judge Cale J. Bradford, Indiana Court of Appeals View the full agenda at www.hoosiercle.org Date: Monday, September 27, 2021 Time (local time): 10:30 am – 2:45 pm Credit hours: 12.0 CLE / 2.0 Ethics (remote attendees will earn Distance Education credit) Cost: $375 Program registration […]
9/27 – Complying with the Legal, Ethical and Practical Issues in Discovery (hybrid event)
Program Chairs: Nick Deets, Hovde Dassow + Deets Lee Christie, Christie Farrell Lee & Bell, P.C. View the full agenda at www.indianatriallawyers.org . Date: Monday, September 27, 2021 Time (local time): 10:30 am – 2:45 pm Credit hours: 3.5 CLE Cost: $175 ITLA Sustaining Member $205 ITLA Member $300 Non Member Click here to register. […]
Opinions Aug. 19, 2021
Indiana Court of Appeals
Michael Bart Pritz v. State of Indiana (mem. dec.)
20A-CR-2367
Criminal. Affirms Michael Bart Pritz’s conviction of Class A misdemeanor domestic battery. Finds there was sufficient evidence to support the conviction.
Fired Roncalli counselor Starkey appeal brings ‘ministerial exception’ back to 7th Circuit
Lynn Starkey, the long-time educator fired from Roncalli High School for being married to a woman, is appealing a decision from the Southern Indiana District Court that is potentially the first to extend the “ministerial exception” to cover school guidance counselors.
Siblings secure settlement against Evansville, Kentucky police in false confession case
| IL Staff
A wrongful imprisonment lawsuit filed by an Evansville family against local police has been put to rest years after three teens were allegedly coerced into confessing to murdering their homeless uncle — something the accused claim never happened.
Hammond mayor starts challenge to Republican US Sen. Young
The Democratic mayor of Hammond has started a campaign to challenge Republican Todd Young’s reelection bid in Indiana’s U.S. Senate election next year. Mayor Thomas McDermott Jr. filed with the Federal Election Commission on Wednesday to begin raising money for a Senate race.
St. Joseph Judge Hostetler certified as senior judge
A former St. Joseph Superior Court judge has been granted senior judge status following his retirement.