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Opinions May 27, 2021

May 27, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
David Jones v. Rodney Cummings, et al.
20-1898
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker. Civil. Affirms the dismissal of David Jones’ complaint alleging Madison County prosecutors maliciously prosecuted him in violation of his due process rights. Finds that longstanding principles of 42 U.S.C. § 1983 and prosecutorial immunity block him at the threshold.

7th Circuit adopts revised admission fee language, but amount stays the same

May 27, 2021 | IL Staff

The 7th Circuit Court of Appeals has changed its local rule regarding attorney admission fees, though the changed language does not immediately change the amount attorneys must pay to be admitted to the Chicago-based court.

Rush dissents from transfer in moot bail case, says denial would preserve ‘valuable’ COA ruling

May 27, 2021 | IL Staff

A majority of the Indiana Supreme Court has granted transfer and dismissed as moot an appeal challenging a bail ruling, but Indiana Chief Justice Loretta Rush penned a partial dissent opining that the grant of transfer vacates a “valuable” Court of Appeals analysis.

Madison County man granted habeas relief can’t sue prosecutors, 7th Circuit rules

May 27, 2021 | Olivia Covington

A former inmate who sued Madison County prosecutors after he was released on habeas relief cannot pursue that lawsuit under immunity principles, the 7th Circuit Court of Appeals affirmed.

Man gets 55 years for murder of man at Indianapolis bachelor party

May 27, 2021 | Associated Press

Derek Oechsle, 33, was found guilty last month in the Nov. 29, 2019, slaying of Christopher Smith, who had been trying to break up a fight at the pub where the party was held.

Governor wants Indiana state employees in offices in July

May 27, 2021 | Associated Press

Staffers for many state agencies have been working remotely, but Gov. Eric Holcomb said in an email to employees that “it is not the optimal way for us to serve Hoosiers.”

AG Todd Rokita attacks IU’s COVID-19 vaccine order

May 27, 2021 | Associated Press

The attorney general says the university’s decision to require proof of COVID-19 vaccinations from all students and employees is illegal under a new state law banning state or local governments from issuing or requiring vaccine passports.

Opinions May 26, 2021

May 26, 2021

Richard Jefferson Deibel v. Larry Hoeg, Aaron Hoeg, and Roger Steffen
20-3378
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Civil. Affirms the dismissal of Richard Jefferson Deibel’s suit contending his settlement with Larry Hoeg and Roger Steffen allowed him to retain his shares in his former company Hy-Pro Corp. Finds Deibel’s suit was untimely and is not saved by a continuing wrong.

Law school leaders take part in dialogue about racial issues

May 26, 2021 | IL Staff

Indiana’s three law school deans will be joining the Indiana State Bar Association’s continuing webinar series about race on Thursday, offering their perspectives and insights into issues related to education.

Counterclaim in Hendricks County CAFO fight tossed by trial court

May 26, 2021 | Marilyn Odendahl

With a simple “no,” the Hendricks Superior Court uprooted a pair of counterclaims that sprouted from nearly six years of litigation between long-time neighbors over a concentrated animal feeding operation that called into question the constitutionality of Indiana’s Right to Farm Act and asked the U.S. Supreme Court for a review.

Protective order against ‘ruthless’ social media attacker upheld

May 26, 2021 | Olivia Covington

D.V. filed for a protective order in December 2019, testifying that she’d been forced to change her phone number because of P.D.’s tactics and saying she felt “scared” and “desperate.” The Tippecanoe Superior Court granted the protective order.

NCAA can cancel contract with broadcaster that didn’t pay for 2020 licensing rights, COA rules

May 26, 2021 | Olivia Covington

The Indianapolis-based sports governing organization again has prevailed in a contract dispute with radio broadcaster Westwood One, which had argued that because COVID-19 caused the cancellation of the 2020 March Madness it didn’t have to pay for radio rights to the tournament.

COA: Bar in Franklin had duty to protect patron after being told of prior altercation

May 26, 2021 | Olivia Covington

BoJak’s Bar and Grille owed a duty to a patron who was “sucker punched” by another patron even after warning bar security about tensions between the two men, the Indiana Court of Appeals ruled.

Former exec loses appeal to keep his stock in $20M filtration firm

May 26, 2021 | Olivia Covington

The case involved whether a co-founder of Anderson-based Hy-Pro Corp. owned stock in the business when it was sold in 2017.

8/20-21 – Advanced Elder Law 2021 (Madison)

The Masters Series Click here for details. Date: Friday, August 20 – Saturday, August 21, 2021 Time (Eastern): Thursday: 2:00 p.m. – 5:15 p.m. Friday: 8:30 a.m. – 11:45 a.m. Credit hours: 6.0 CLE Location: Clifty Falls Inn 1650 Clifty Hollow Rd, P.O. Box 387, Madison, IN 47250 Provider: ICLEF – Indiana Continuing Legal Education […]

8/13-14 – Sigmund J. Beck Advanced Bankruptcy Roundtable (Fort Wayne)

An ICLEF Master’s Level Seminar Click here for details. Date: Friday August 13 – Saturday, August 14, 2021 Time (Eastern): Registration will begin at 1:30 P.M. on Friday, August 13 with the seminar beginning promptly at 2:00 P.M. The reception and dinner will begin at 5:30 P.M. on Friday evening. The program will adjourn by […]

8/4-8 – Family Mediation Training – 40 Hour Course (Indianapolis)

This course is limited to 42 attendees Click here for details. Date: Wednesday, August 4 – Sunday, August 8, 2021 Time (Eastern): 8:00 a.m. – 4:30 p.m. (each day) Credit hours: 24.0 CLE / 6.0 Ethics Location: ICLEF Conference Facility 230 E. Ohio Street, 5th Floor, Indianapolis, IN 46204 Provider: ICLEF – Indiana Continuing Legal […]

7/29-30 – Advanced Worker’s Compensation (French Lick)

Part of the ICLEF Masters Series Summer Conference Click here for details. Date: Thursday, July 29 – Friday, July 30, 2021 Time (Eastern): Thursday: 2:00 p.m. – 5:15 p.m. Friday: 8:30 a.m. – 2:30 p.m. Credit hours: 7.5 CLE / 1.5 Ethics Location: French Lick Springs Resort & Casino 8670 W State Road 56, French Lick, […]

7/29-30 – Advanced Mediation (French Lick)

Part of the ICLEF Masters Series Summer Conference Click here for details. Date: Thursday, July 29 – Friday, July 30, 2021 Time (Eastern): Thursday: 2:00 p.m. – 5:15 p.m. Friday: 9:00 a.m. – 12:15 p.m. Credit hours: 6.0 CLE / 6.0 CME Location: French Lick Springs Resort & Casino 8670 W State Road 56, French Lick, […]

7/29-30 – Advanced Issues in DUI Defense (French Lick)

Part of the ICLEF Masters Series Summer Conference Click here for details. Date: Thursday, July 29 – Friday, July 30, 2021 Time (Eastern): Thursday: 2:00 p.m. – 5:15 p.m. Friday: 9:00 a.m. – 12:15 p.m. Credit hours: 6.0 CLE Location: French Lick Springs Resort & Casino 8670 W State Road 56, French Lick, IN 47432 Provider: […]

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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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