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Opinions May 11, 2021

May 11, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
Katherine Black v. Cherie Wrigley
20-2656
Civil. Affirms a jury’s verdict against Katherine Black in her defamation dispute with Cherie Wrigley and denies her request for a new trial based on her assertions that the Northern District Court of Illinois erred in several ways. Finds no errors warrant a reversal of the jury’s verdict.

Indianapolis man, woman get 45 years for child sexual abuse, exploitation

May 11, 2021 | IL Staff

Bennie W. Schuck II, 46, and Amber Talley, 36, were sentenced for sexually exploiting a child, including producing child pornography with the minor victim.

7th Circuit affirms verdict against law professor in defamation dispute

May 11, 2021 | Katie Stancombe

A law school professor suing for defamation and intentional infliction of emotional distress could not convince the 7th Circuit Court of Appeals that the jury was wrong to reject her claims.

Justices to hear certified questions in medical malpractice case

May 11, 2021 | IL Staff

The case stems from claims Jeffrey Cutchin brought against Sylvia Watson after she ran a red light and struck his vehicle, killing his wife and daughter.

Indy council ratifies COVID orders after Legislature nullifies them with veto override

May 11, 2021 | Leslie Bonilla Muñiz, Indianapolis Business Journal

The Democratic-majority council’s vote—which passed 19-5 along party lines—keeps a citywide mask mandate and restaurant capacity limits in place in Indianapolis.

Former IBJ editor Andrews takes reins at Indiana Lawyer

May 11, 2021 | IL Staff

IBJ Media named veteran editor and journalist Greg Andrews as publisher and editor of The Indiana Lawyer, the first step in what CEO Nate Feltman called a major push to boost the profile and readership of the statewide legal publication.

Suit seeks direct election of Lake County judges, says merit selection discriminatory

May 10, 2021 | Dave Stafford

A federal lawsuit filed by the Democratic mayor of Hammond and a Lake County attorney argues that Indiana’s judicial nominating system that appoints judges in the state’s four most diverse counties is racially discriminatory. Judges in Lake County should be directly elected or judges statewide should be appointed through merit selection, the suit says.

Fired Cathedral teacher’s suit against archdiocese over same-sex marriage dismissed

May 10, 2021 | Marilyn Odendahl

In a one-page order, Marion Superior Special Judge Lance Hamner did what a previous special judge and the Indiana Supreme Court had not done – dismiss the wrongful termination lawsuit filed by a gay teacher against the archdiocese of Indianapolis.

Opinions May 10, 2021

May 10, 2021

Indiana Court of Appeals
Karl Woodall v. State of Indiana
20A-CR-00862
Criminal. Affirms Karl Woodall’s murder conviction and the Marion Superior Court’s grant of the State of Indiana’s motion for a mistrial on grounds of jury taint. Finds Woodall was not subjected to procedural double jeopardy upon retrial. Finds the trial court did not commit fundamental error in instructing the jury or in conducting the sentencing hearing.

AGs urge Facebook to drop ‘Instagram for kids’ proposal

May 10, 2021 | Associated Press and IL Staff

A bipartisan group of 44 attorneys general has written to Facebook CEO Mark Zuckerberg urging him to drop company plans for a version of Instagram for children under the age of 13, Massachusetts Attorney General Maura Healey announced Monday.

Indiana law school commencement season begins

May 10, 2021 | IL Staff

The graduating law school classes of 2021 are participating this month in commencement ceremonies across the Hoosier state that began over the weekend with a virtual ceremony.

Supreme Court extends authority for expanded remote hearings

May 10, 2021 | IL Staff

As Indiana courts prioritize their safe return to live and in-person hearings, the Indiana Supreme Court announced that public health conditions will likely require trial courts to retain expanded authority for remote hearings.

Reversing Trump, US restores transgender health protections

May 10, 2021 | Associated Press

The U.S. will protect gay and transgender people against sex discrimination in health care, the Biden administration announced Monday, reversing a Trump-era policy that sought to narrow the scope of legal rights in sensitive situations involving medical care.

Critics say Indiana COVID-19 law allows nursing home neglect

May 10, 2021 | Associated Press

Advocates for nursing home residents say they worry a new Indiana law expanding COVID-19 liability protections for health care providers will effectively block many lawsuits over neglect and substandard treatment that weren’t caused by the pandemic.

Jury awards Indiana girl $96K for YMCA bounce house injuries

May 10, 2021 | Associated Press

A jury in Valparaiso has awarded nearly $96,000 in damages to a northwest Indiana girl who was injured in 2018 while playing in a bounce house at a local YMCA.

Union leaders decry Indiana’s high rate of worker deaths

May 10, 2021 | Associated Press

Indiana labor union leaders are calling for improved workplace safety enforcement with the state’s rate of deaths while working about one-third higher than the national average.

Holcomb to reinstate job-seeking rule for unemployed, study whether to ax federal benefit

May 10, 2021 | Indianapolis Business Journal Staff

Gov. Eric Holcomb is set to reinstate a requirement that those applying to collect unemployment benefits actively seek jobs and be available for work — a requirement that the state has waived since the beginning of the pandemic.

Indianapolis-area employers reluctant to require employee vaccinations

May 10, 2021 | John Russell, Indianapolis Business Journal

Around central Indiana, employers are offering plenty of incentives to encourage their workers to get vaccinations as part of an effort to keep their office towers, stores, warehouses and factory floors safe for co-workers and visitors. But few, if any, are requiring workers to get vaccinated.

Indiana health officials plead with Legislature not to overturn Holcomb veto

May 7, 2021 | John Russell, Indianapolis Business Journal

Some of Indiana’s top public health leaders are pleading with the Legislature not to overturn Gov. Eric Holcomb’s veto of a bill they say would dramatically weaken the authority of local health officials during the COVID-19 pandemic.

6/16 – Help with Hard Claim Drafting in Chemical and Life Science Patents (webinar)

Speakers: • Michael R. Asam, Eli Lilly and Company • Christine M. Hansen, Quarles & Brady LLP • Raymond S. Parker, BioNTech US Date: Wednesday, June 16, 2021 Time (ET): noon – 1:00 pm Credit hours: 1.0 CLE (distance education credit) Cost: Click here or visit www.indybar.org for program costs Location: live webinar via Zoom […]

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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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