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Monroe, St. Joseph counties lifting mask orders with new CDC guidance

May 17, 2021 | Associated Press

Two Indiana counties are lifting their local mask mandates after federal health officials eased mask-wearing guidance for those fully vaccinated against COVID-19. The health departments for the counties that include South Bend and Bloomington are rescinding those local orders, while Indianapolis officials are keeping the city’s mask mandate in place.

Indianapolis officers fatally shoot man at apartment complex

May 17, 2021 | Associated Press

Indianapolis police officers fatally shot a man who the department said had threatened suicide and pointed a gun toward the officers.

Justices consider hearing a case on ‘most offensive word’

May 17, 2021 | Associated Press

In a case focusing on elevator graffiti, Robert Collier is asking the U.S. Supreme Court to decide whether a single use of the N-word in the workplace can create a hostile work environment, giving an employee the ability to pursue a case under Title VII of the landmark Civil Rights Act of 1964.

Indiana sees big cost jump with new prison medical contract

May 17, 2021 | Associated Press

Indiana could pay about 50% more a year for prison medical services with a new contractor picked by state officials.

Man, teen face attempted murder charges after Terre Haute police chase

May 17, 2021 | Associated Press

An armed robbery suspect now also faces a preliminary attempted murder charge following a pursuit early Friday in which shots were fired at officers, Terre Haute police said.

Report: Microsoft board hired outside law firm in 2019 to probe Gates’ prior relationship with employee

May 17, 2021 | Associated Press

The Wall Street Journal reported that the billionaire quit the board before the investigation wrapped up.

12 selected as Court of Appeals semifinalists

May 14, 2021 | IL Staff

The Indiana Judicial Nominating Commission will conduct a second round of interviews with the 12. It ultimately will narrow the pool to three finalists and submit those names to Gov. Eric Holcomb for final selection.

States, business sort out what new CDC mask guidance means

May 14, 2021 | Associated Press

More than a dozen states quickly embraced new federal guidelines that say fully vaccinated Americans no longer need to wear masks indoors or out in most cases. But other states and cities and some major businesses hesitated amid doubts about whether the approach is safe or even workable.

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.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • 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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