DTCI: Indiana Civil Litigation Review
The 18th volume of DTCI’s flagship publication, the Indiana Civil Litigation Review, will begin production soon. Tell us what you want to see included!
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DTCI: Why New Lawyers Should Join DTCI
Here’s why young lawyers should join the Defense Trial Counsel of Indiana.
7th Circuit ruling expands ministerial exception, potentially impacting Indiana high school cases
Shelly Fitzgerald and Lynn Starkey, former guidance counselors at Roncalli High School, and Joshua Payne-Elliott, a former foreign language and social studies teacher at Cathedral High School, all filed separate lawsuits against the Roman Catholic Archdiocese of Indianapolis after they were all terminated from their jobs because they are in same-sex marriages. This month’s decision from the 7th Circuit in Demkovich v. St. Andrew the Apostle Parish, 19-2142, could change the trajectory of each of those cases.
Advance Child Tax Credit fueling family law fights
On July 15, the federal government began giving parents advancements on their 2021 Child Tax Credit. For some divorced parents, the advance is causing confusion and fueling conflicts about who is entitled to the money.
Trial court rejects AG’s motion in fight with governor
The Marion Superior Court has denied Indiana Attorney General Todd Rokita’s attempt to stop Gov. Eric Holcomb from continuing his lawsuit against the Legislature in the dispute over who can call the General Assembly into a special session.
State tells court enhanced benefits harming state’s economy, appeals reinstatement order
Echoing Gov. Eric Holcomb, the state of Indiana is telling the Indiana Court of Appeals that providing enhanced federal unemployment benefits to jobless Hoosiers is harming the state’s economic recovery because the extra money is enabling some to stay out of the workforce.
Opinions July 20, 2021
Indiana Court of Appeals
In Re: The Paternity of B.G.H.; Kelsey Morrison v. Aaron Harmon
20A-JP-2387
Juvenile paternity. Affirms the Delaware Circuit Court’s orders in a paternity action involving Kelsey Morrison and Aaron Harmon that determined Indiana was a more convenient forum than Michigan; awarded the parties joint legal custody of their son, two-year-old B.H.; awarded father parenting time in Indiana on alternating weekends; and ordered father to pay $85 per week in child support. Finds the Delaware Circuit Court did not err or abuse its discretion. Judge Elizabeth Tavitas concurs in result with separate opinion.
COA upholds denial of additional child molesting charges to adult case
Appellate judges have ruled that an Indiana trial court did not err by denying a motion to amend charging information in a Dubois County man’s adult criminal case after he was alleged to have committed numerous acts of child molesting before he was a legal adult.
Biological father wins in stepfather’s bid to overturn paternity, adopt child
A stepfather seeking to vacate a paternity determination and adopt his wife’s child was not permitted to do so after the Indiana Court of Appeals concluded that the biological father’s consent to the adoption was required.
Convicted murderer gets habitual offender status reversed
A Vanderburgh County man convicted of multiple felonies including murder has convinced the Indiana Court of Appeals to overturn his habitual offender adjudication because, in admitting his prior convictions, he did not waive his right to a jury trial.
Appellate court sides with Hoosier father’s requests in out-of-state parenting time dispute
A Michigan mother could not convince the Indiana Court of Appeals on Tuesday to reverse a decision regarding custody, parenting time and child support for her son that granted several request from his father, an Indiana resident.
AG Rokita sues firms for dangerous conditions at two Indy apartment complexes
Indiana Attorney General Todd Rokita filed suit Tuesday against a New Jersey-based affordable housing not-for-profit and a New York-based property manager for poor conditions at two Indianapolis apartment complexes.
4 companies on verge of settling US opioid lawsuits
The three biggest U.S. drug distribution companies and the drugmaker Johnson & Johnson are on the verge of a $26 billion settlement covering thousands of government lawsuits over the toll of opioids across the U.S., a group of lawyers for local governments said Tuesday.
St. Joseph County Jail kept 2 inmates past their sentences
A software problem kept at least two inmates in the St. Joseph County Jail longer than their sentences required in 2019, leading to a $20,000 settlement for one.
Portland man gets 52 months in son’s methamphetamine death
An eastern Indiana man whose infant son died from methamphetamine intoxication was sentenced Monday to more than four years in prison for his role in the child’s death.
McCarthy proposes 5 Republicans, including Indiana congressman, to sit on Jan. 6 panel
Indiana Rep. Jim Banks has been selected to be the top Republican on the new select committee to investigate the Jan. 6 insurrection at the Capitol.
7th Circuit blocks IDEA program for removing voters from state rolls
The 7th Circuit Court of Appeals has affirmed the preliminary injunction against the enforcement of an Indiana law that allows election officials to remove voters from the state’s voting rolls without getting consent from the individuals themselves.
Legislation approved that would grant LSC $600 million for legal aid
| IL Staff
The Legal Services Corporation could get an additional $135 million in its pockets, the largest single increase in the legal aid organization’s history, following an approval of funding legislation by the House of Representatives Committee on Appropriations.
Federal judge upholds IU vaccination mandate
The U.S. District Court for the Northern District of Indiana is allowing Indiana University’s requirement that students must be vaccinated against COVID-19 or submit to additional requirements in order to return to classes in the fall, finding the 14th Amendment permits the school “to pursue a reasonable and due process of vaccination in the legitimate interest of public health.”
Opinions July 19, 2021
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline on Friday.
Peggy Jo Smith v. Professional Transportation and Ronald D. Romain
20-2046
Appeal from United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Vacates the Southern District Court’s summary judgment order in part and remands with instructions to permit Peggy Jo Smith’s individual claims to proceed against Professional Transportation Inc. Finds that the district court erred by refusing to allow Smith to proceed on her individual claims and that she is entitled to proceed individually, regardless of what happens to the collective action.