IU, Bloomington renaming road named after eugenics backer
Indiana University and the city of Bloomington are turning to the public as they seek a new name for a thoroughfare named after a late IU president who was a proponent of eugenics.
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Student’s Snapchat profanity leads to high court speech case
Fourteen-year-old Brandi Levy was having that kind of day where she just wanted to scream. So she did, in a profanity-laced posting on Snapchat that has, improbably, ended up before the Supreme Court in the most significant case on student speech in more than 50 years.
Former magistrate banned from the bench now suspended for ignoring show-cause order
| IL Staff
The former Hamilton County magistrate who is banned from the bench following his conviction related to a drug sting is now suspended from practicing law after he failed to respond to a show cause order alleging probation violations.
Justices toss suppression of drug evidence in home-detention search
A defendant sentenced to home detention waived his rights protecting him against searches and seizures even without reasonable suspicion, the Indiana Supreme Court ruled Friday, overturning the suppression of evidence found during a home-detention search.
Opinions April 23, 2021
The following opinions were posted after IL deadline Thursday:
7th Circuit Court of Appeals
Rexing Quality Eggs v. Rembrandt Enterprises, Inc. v. Joseph L. Rexing, et al.
20-1726, -1727
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Jane Magnus-Stinson.
Civil. Affirms the award of $1,522,302.61 in damages for Rembrandt Enterprises Inc. in its contract repudiation dispute with Rexing Quality Eggs, but reverses the district court’s denial of Rembrandt’s request for interest and fees. Finds the district court properly concluded that the resale remedy under Iowa’s version of the Uniform Commercial Code was the appropriate mechanism for calculating Rembrandt’s damages. Also finds Rexing waived its arguments challenging the jury’s damages award by not presenting them to the district court in a postverdict motion. Finally, finds the parties’ agreement fell within the Business Credit Exception to Iowa’s usury statute. Remands for further proceedings.
7th Circuit rules for egg supplier in spoiled contract case
Despite a buyer’s ruffled feathers, the 7th Circuit Court of Appeals has upheld judgment for an egg supplier in a contractual dispute. Further, the appellate panel remanded for the calculation of interest and fees resulting from the cracked relationship.
Justices hear arguments in ‘fraud’ case stemming from missed diagnosis
The distinction between active and constructive fraud has long been established in Indiana law. But should that distinction be abolished, or an exception carved out? That question is before the Indiana Supreme Court in a closely watched medical malpractice lawsuit.
House seat numbers can’t be released before next week
The numbers used for deciding how many congressional seats each state gets can’t be released before Monday, according to an agreement that settles litigation between the U.S. Census Bureau and a coalition of local governments and civil rights groups.
Court proceedings in killing of Indiana girl, 6, remain open
Court proceedings involving a 14-year-old boy charged in the asphyxiation death of a 6-year-old northern Indiana girl will remain open to the public, a magistrate has ruled.
Justices overturn ruling to pay contractor after bank acquired business
The Indiana Supreme Court on Thursday struck down lower court rulings in favor of an unpaid contractor that performed work for a South Bend business, finding that because the business’s assets are now owned by a bank rather than the prior company, the new bank-owned business is not liable for the bill.
Man charged in pastor’s wife’s slaying sentenced to 29 years
A man charged in connection with the fatal shooting of an Indianapolis pastor’s pregnant wife in 2015 has been sentenced to 29 years in prison under a plea deal in which he agreed to testify against two co-defendants.
Noble Co. man hospitalized after police shootout, long pursuit
A man who fled a traffic stop was hospitalized after exchanging gunfire with officers early Thursday following a police pursuit through several northern Indiana counties, state police said.
Supreme Court notebook: David faces Goliaths over pipeline
On one side of an upcoming Supreme Court case over a proposed natural gas pipeline in New Jersey are two lawyers with more than 250 arguments between them. On the other is a lawyer for New Jersey who will be making his first Supreme Court appearance. It may be the greatest numerical mismatch in the history of the high court.
Indiana lawmakers approve state budget, finish session
Indiana lawmakers wrapped a legislative session conducted under the shadow of the COVID-19 pandemic Thursday with nearly unanimous backing of a more robust state budget than they had imagined a few months ago.
Indiana bill approved to ban government vaccine passports
State or local governments in Indiana will be prohibited from issuing or requiring COVID-19 vaccine passports under a bill approved by state lawmakers.
Opinions April 22, 2021
Indiana Court of Appeals
Sarah Swingley v. City of Muncie, Ball State University, and Board of Trustees of Ball State University (mem. dec.)
20A-PL-1797
Civil plenary. Affirms the grant of summary judgment to Ball State University, its board of trustees and the city of Muncie on Sarah Swingley’s complaint filed after she was struck and run over by a pickup truck near the BSU campus. Finds the designated evidence does not reveal a genuine issue of material fact as to whether a duty was owed to Swingley by either BSU or by the city under applicable Indiana law. Also finds neither owed Swingley any duty recognized in Indiana. Finally, finds BSU and the city are entitled to judgment as a matter of law, and the Delaware Circuit Court did not err in granting summary judgment.
DC statehood approved by House as Senate fight looms
A decades-long movement to reshape the American political map took a further step Thursday as the House of Representatives approved a bill to make the nation’s capital the 51st state.
Michelle Allen named Director of Office of Administrative Law Proceedings
| IL Staff
Michelle Allen, deputy director and general counsel of the Office of Administrative Law Proceedings, has been selected as the office’s new director, Indiana Gov. Eric Holcomb announced Thursday.
Kids’ Voice taking over GAL/CASA services after Child Advocates walks
Kids’ Voice of Indiana will be the sole operator of the guardian ad litem and court appointed special advocate programs for Marion County juvenile courts after Child Advocates, which had provided those services for decades, rejected the subcontract agreement the two organizations had been negotiating.
Bill restricting local officials’ health orders passes
Indiana lawmakers voted Wednesday in favor of limiting the authority of county or city health departments by allowing local elected officials to overturn orders or enforcement actions issued during emergencies.