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Opinions July 9, 2021

July 9, 2021

Indiana Court of Appeals

D.W. v. State of Indiana (mem. dec.)
20A-JV-1811
Juvenile. Affirms the order waiving D.W. into adult court following the state’s petition alleging him to be a delinquent. Finds the juvenile court did not abuse its discretion in waiving D.W. into adult court given his history of sexually abusing multiple children since 2012.

Special prosecutor: No charges for Speedway officer in fatal shooting of fleeing man with mental illness

July 9, 2021 | IL Staff

A Speedway police officer will not face criminal charges for the fatal shooting of a Black man with a mental illness who was fleeing law enforcement, a special prosecutor announced Thursday.

Robing ceremony set for Lake Superior Judge Bokota

July 9, 2021 | IL Staff

The Lake County Bar Association will hold an in-person robing ceremony in honor of the newest judge of the Lake Superior Court later this month.

Teen delinquent sent to adult court for child molesting loses appeal of juvenile court waiver

July 9, 2021 | Olivia Covington

A man who as a minor was found to be a delinquent for multiple acts of sexual misconduct against children has lost his appeal of the waiver that sent him into adult court when he was 17.

Pfizer to seek OK for 3rd vaccine dose; shots still protect

July 9, 2021 | Associated Press

Pfizer is about to seek U.S. authorization for a third dose of its COVID-19 vaccine, saying Thursday that another shot within 12 months could dramatically boost immunity and maybe help ward off the latest worrisome coronavirus mutant.

Volkswagen to appeal emissions ruling to US Supreme Court

July 9, 2021 | Associated Press

At issue is the 2015 scandal in which the automaker was found to have rigged its vehicles to cheat U.S. diesel emissions tests.

Terre Haute man charged with murder of local police, FBI officer Ferency

July 8, 2021 | IL Staff

A Terre Haute man has been arrested and charged with premeditated murder following the shooting death of Terre Haute Police Detective and FBI Task Force Officer Gregory Ferency outside the FBI Resident Agency office in Terre Haute Wednesday.

Opinions July 8, 2021

July 8, 2021

Indiana Court of Appeals
Linda G. Holsten, individually and as surviving spouse of Paul A. Holsten, Deceased v. Lynn Faur, M.D., and Cameron Memorial Community Hospital, Inc. a/k/a Urgent Care of Cameron Hospital
20A-CT-2072
Civil tort. Vacates the Steuben Circuit Court’s entry of partial summary judgment to Cameron Memorial Community Hospital on the sepsis theory of Linda Holsten’s medical malpractice complaint. Finds the trial court lacked subject matter jurisdiction over the sepsis theory portion of Holsten’s claim because it was not presented to the medical review panel. Remands with instructions for the trial court to dismiss, without prejudice, the sepsis theory portion of her claim.

Appellate court declines to issue ‘advisory’ opinion in estate dispute

July 8, 2021 | Katie Stancombe

The Indiana Court of Appeals on Thursday granted rehearing in an estate case to reiterate that it does not issue advisory opinions.

COA vacates judgment for hospital, dismisses sepsis theory in widow’s med-mal complaint

July 8, 2021 | Katie Stancombe

A sepsis theory included in a widow’s medical malpractice claim has been ordered dismissed by the Indiana Court of Appeals after it found a Steuben County court lacked jurisdiction to enter partial summary judgment on that portion of the claim.

State: Ex-owner of defunct Charlestown zoo auctioning potentially misappropriated items

July 8, 2021 | Olivia Covington

The legal battle over a now-defunct roadside zoo in Charlestown is continuing with allegations that the zoo’s embattled owner is attempting to auction possibly misappropriated items.

3 women ask 7th Circuit to revive Title VII claims against state in Curtis Hill harassment case

July 8, 2021 | Olivia Covington

Three of the four women who in 2018 accused former Indiana Attorney General Curtis Hill of sexual misconduct are asking the 7th Circuit Court of Appeals to reinstate their federal claims for Title VII violations against the state of Indiana.

Indiana delays unemployment benefits despite judge’s ruling

July 8, 2021 | Associated Press

Indiana’s Department of Workforce Development said Wednesday that it still hasn’t decided how to continue payment of federal unemployment benefits, more than a week after a judge ruled that the state must restart the extra $300 weekly payments to unemployed workers.

Valparaiso woman arrested in death of baby found in Pennsylvania dumpster in 2007

July 8, 2021 | Associated Press

An Indiana woman has been arrested in the death of an infant found in a Pennsylvania trash container almost a decade and a half ago, authorities said.

More states agree to settlement plan for opioid-maker Purdue Pharma

July 8, 2021 | Associated Press and IL Staff

More than a dozen states have dropped their longstanding objections to OxyContin maker Purdue Pharma’s reorganization plan, edging the company closer to resolving its bankruptcy case and transforming itself into a new entity that helps combat the U.S. opioid epidemic through its own profits.

Dozens of states including Indiana target Google’s app store in antitrust suit

July 8, 2021 | Associated Press and IL Staff

Dozens of states including Indiana are taking aim at Google in an escalating legal offensive on Big Tech. This time, attorneys general for 36 states and the District of Columbia have filed a lawsuit targeting Google’s Play store, where consumers download apps designed for the Android software that powers most of the world’s smartphones.

FBI: Motive uncertain in fatal shooting of Terre Haute officer

July 8, 2021 | Associated Press

Investigators haven’t yet determined a motive for the ambush shooting of a police officer outside an FBI office in Terre Haute, an FBI official said Thursday.

8/17 – Indiana Coalition Against Domestic Violence -Satellite Attorney Recruitment & Training Program (virtual)

The United States District Court for the Southern District of Indiana will sponsor a virtual training session for attorneys on modest means/pro bono representation of victims of domestic violence in Indiana. Date: Tuesday, August 17, 2021 Time: 11:30 am (EST) Credit hours: 1.5 hours (pending) Cost: free Registration is required for this event and space […]

Opinions July 7, 2021

July 7, 2021

Craig Blackwell v. Superior Safe Rooms, LLC, et al.
20A-PL-02081
Civil plenary. Reverses the denial of Craig Blackwell’s motion to pierce judgment of defendant’s – Superior Safe Rooms, LLC – corporate veil and hold garnishee defendants – Superior, Wharff Excavating, LLC, Michael M. Wharff, and John H. Byers –liable for plaintiff’s judgment. Finds the Hendricks Circuit Court erred when it failed to find as a fact that the contract for the safe room was between Blackwell and Superior, failed to make necessary findings, as requested by Blackwell, about factors relevant to disregarding Superior’s corporate form. Also finds the trial court clearly erred in concluding “Blackwell presented no evidence that any of the Aronson vs. Price, 644 N.E.2d 864, 867 (Ind. 1994)… factors CAUSED [his] damages.”

COA: Hendricks County excavating business gets reversal in alter ego dispute

July 7, 2021 | Katie Stancombe

The Indiana Court of Appeals has reversed a trial court ruling by finding against a Hendricks County excavating business that tried to benefit from family ties to escape liability after excavators abandoned and left incomplete the installation of a safe room in a homeowner’s residence.

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In This Issue

  • ICE says prison meets standards, but inmates describe subpar conditions

  • Lawsuits accuse fire truck makers of price fixing

  • Construction industry likely to be a subject of state’s FAIRNESS Act enforcement

Most Read
  • Ripley Co. teen sentenced to 100 years for killing 2 siblings

  • Attorney General seeks dissolution of Noblesville charity, says it mishandled assets

  • Anonymous donors give each 2026 IU Maurer grad $10K

  • Ex-Ball State employee settles with university president over First Amendment case

  • Child of Zionsville fertility doctor wins case against Netflix for invasion of privacy

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