Report: Microsoft board hired outside law firm in 2019 to probe Gates’ prior relationship with employee
The Wall Street Journal reported that the billionaire quit the board before the investigation wrapped up.
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12 selected as Court of Appeals semifinalists
| 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
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
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
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
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
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
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
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
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
| 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
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
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
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
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.
South Bend school suspends teacher over Right to Life talk
District leaders said the presentation Tuesday by a representative of Right to Life Michiana violated policies and procedures because the teacher did not seek the approval of the school principal and did not notify parents in advance.
HUD charges Bloomington apartment company with disability discrimination
The complaint alleges Burnham Rentals violated the Fair Housing Act by refusing to permit an Indiana University graduate student with depression and post-traumatic stress disorder to live with a cat that ameliorated her symptoms.
Suit challenges priority of federal restaurant aid for women, minorities
A conservative legal outfit claims the prioritization of restaurants and bars owned by women and certain minorities is pushing white men “to the back of the line” for aid for their eateries.
Logistics firm sues former exec, says he secretly created own company
Hoosier Logistics Inc. claims a former executive secretly siphoned business to his own firm for nearly three years days before he “quit Hoosier under suspicious circumstances” in April.
Opinions May 12, 2021
| IL Staff
Indiana Court of Appeals
Br.S. v. J.N.S.
20A-AD-1790
Adoption. Reverses the Delaware Circuit Court’s ruling that although mother J.N.S. did not communicate with her children when she was able to do so, her lack of communication was justified. Finds J.N.S. did not have justifiable cause for not communicating with the children, so her consent to their adoption by their stepmother is unnecessary. Remands for the trial court to determine whether adoption is in the best interests of the children.