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Opinions May 14, 2021

May 14, 2021

7th Circuit Court of Appeals

USA v. Ethel Shelton
19-3388
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.

Criminal. Reverses and remands Ethel Shelton’s conviction for conspiracy to commit wire fraud and conspiracy to commit honest services wire fraud. Finds that the district court erred when it found that Shelton lacked any reasonable expectation of privacy in her office. Finds Stafford Garbutt’s document collection violated Shelton’s Fourth Amendment rights. Finds the warrant would not have been issued in the absence of the information gathered as a result of the unlawful searches. Thus, the district court should have suppressed the evidence obtained from the search authorized by that warrant, and granted Shelton’s motion for a mistrial.

7th Circuit reverses conspiracy convictions for trustee’s administrative assistant in official misconduct case

May 14, 2021 | Katie Stancombe

The administrative assistant to the former Calumet Township Trustee who pled guilty to federal charges has had her own convictions related to wire fraud reversed after the 7th Circuit Court of Appeals found she should have been granted a mistrial on Fourth Amendment grounds.

COA: liability precedent applies to hospitals and non-hospital medical providers

May 14, 2021 | Marilyn Odendahl

In a lawsuit over a missed areteriovenous fistula, the Indiana Court of Appeals has ruled the Indiana Supreme Court precedent which holds that a hospital can be held vicariously liable for the negligence of an independent-contractor physician also applies to a non-hospital facility.

JNC kicks off interviews for Kirsch’s successor

May 14, 2021 | Olivia Covington

The Indiana Judicial Nominating Commission interviewed 11 applicants Thursday for an upcoming vacancy on the Indiana Court of Appeals, kicking off two days of interviews with candidates to succeed Judge James Kirsch.

COA orders for recalculation of father’s increased child support

May 14, 2021 | Katie Stancombe

An out-of-state father partially succeeded in convincing the Indiana Court of Appeals that his income was significantly overvalued when his weekly child support amount was re-calculated at hundreds of dollars more than it was previously.

Judge refuses to toss felony convictions of ex-nursing home CEO who blasted his lawyers

May 14, 2021 | Greg Andrews

Indiana Southern District Court Chief Judge Tanya Walton Pratt found that Barnes & Thornburg had a conflict of interest but that it did not adversely affect its representation of James Burkhart, the former CEO of American Senior Communities.

Opinions May 13, 2021

May 13, 2021

Soraida Flores v. City of South Bend
20-1603
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Civil. Reverses the Northern Indiana District Court’s dismissal of Soraida Flores’s lawsuit against former South Bend police officer Justin Gorny and the City of South Bend as personal representative of deceased Erica Flores. Although the district court concluded Gorny did not violate the motorist’s constitutional rights, the 7th Circuit finds that Flores’s allegations plausibly state claims against both defendants, and she is therefore entitled to proceed with her case. Remands for further proceedings. Circuit Judge Michael B. Brennan writes separately in concurrence.

AG Rokita expands Big Tech probe to include minority organizations

May 13, 2021 | IL Staff

Indiana Attorney General Todd Rokita is pressuring the leaders of minority organizations for information that he claims might help his “investigation of censorship practices” by Big Tech companies.

Napleton Automotive sues ex-Carmel general manager for taking secrets, poaching employees

May 13, 2021 | Mickey Shuey, Indianapolis Business Journal

Napleton Automotive Group claims a former general manager in Carmel took confidential information when he left in February for the same role at Bob Rohrman Kia in Lafayette.

COA affirms for Duke Energy to raise customers’ rates

May 13, 2021 | Katie Stancombe

The utility successfully defended itself from a lawsuit brought by a group of its customers after the Indiana Utility Regulatory Commission partially granted the electric giant’s petition to raise its base rates.

After a year delay, Evansville welcomes national mock trial competition

May 13, 2021 | Marilyn Odendahl

The city and organizers want the championship to be memorable for participating students, despite the disappointment of having to conduct the event virtually.

7th Circuit reverses for deceased woman’s estate in fatal South Bend officer crash

May 13, 2021 | Katie Stancombe

The case began in 2018 after a police officer responded to a non-emergency call at a South Bend “hot spot” where a speeding vehicle was seen, despite not being assigned to the call and five other officers already on their way there.

South Bend school suspends teacher over Right to Life talk

May 13, 2021 | Associated Press

District leaders said the presentation Tuesday by a representative of Right to Life Michiana violated policies and procedures because the teacher did not seek the approval of the school principal and did not notify parents in advance.

HUD charges Bloomington apartment company with disability discrimination

May 13, 2021 | Greg Andrews

The complaint alleges Burnham Rentals violated the Fair Housing Act by refusing to permit an Indiana University graduate student with depression and post-traumatic stress disorder to live with a cat that ameliorated her symptoms.

Suit challenges priority of federal restaurant aid for women, minorities

May 13, 2021 | Associated Press

A conservative legal outfit claims the prioritization of restaurants and bars owned by women and certain minorities is pushing white men “to the back of the line” for aid for their eateries.

Logistics firm sues former exec, says he secretly created own company

May 12, 2021 | Mickey Shuey

Hoosier Logistics Inc. claims a former executive secretly siphoned business to his own firm for nearly three years days before he “quit Hoosier under suspicious circumstances” in April.

Opinions May 12, 2021

May 12, 2021 | IL Staff

Indiana Court of Appeals
Br.S. v. J.N.S.
20A-AD-1790
Adoption. Reverses the Delaware Circuit Court’s ruling that although mother J.N.S. did not communicate with her children when she was able to do so, her lack of communication was justified. Finds J.N.S. did not have justifiable cause for not communicating with the children, so her consent to their adoption by their stepmother is unnecessary. Remands for the trial court to determine whether adoption is in the best interests of the children.

COA reverses for stepmother in denied adoption petition case 

May 12, 2021 | Katie Stancombe

A stepmother who was denied her petition to adopt her husband’s children will be given a second chance, after the Indiana Court of Appeals reversed and found the children’s biological mother’s failure to communicate with her children was not justifiable.

COA: Res judicata bars Indy condo complex’s appeal of receiver fees

May 12, 2021 | Olivia Covington

This was the fourth time the Court of Appeals has weighed in on the case, which centers on the Towne & Terrace condo development at East 42nd Street and Post Road.

Southern District offering virtual Teacher Institute next month

May 12, 2021 | IL Staff

The event provides an opportunity for government and social studies teachers in Indiana middle and high schools to learn about the operations of Indiana’s federal courts.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

  • Mediator picked to help settle disciplinary case against AG Todd Rokita

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