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Maley: Recurring removal issues show numerous pitfalls

March 17, 2021 | John R. Maley

Removal from state court to federal court is a routine aspect of federal court practice, though one fraught with procedural pitfalls. Federal judges in Indiana frequently address removal issues, yet errors continue.

Holcomb names Indiana Rep. Holli Sullivan as secretary of state

March 16, 2021 | Lindsey Erdody, Indianapolis Business Journal

Indiana Gov. Eric Holcomb has named state Rep. Holli Sullivan as the next secretary of state. Sullivan, who represents a district in southwestern Indiana and is currently vice chair of the state Republican Party, will replace Connie Lawson, who is resigning as Indiana’s longest-serving secretary of state.

Indiana Supreme Court again asked to protect stimulus checks

March 16, 2021 | Marilyn Odendahl

A collection of Indiana agencies, including several legal aid providers, are asking the Indiana Supreme Court to help low-income Hoosiers by again blocking creditors from taking their new round stimulus payments that are being issued as part of the American Rescue Plan Act of 2021.

Carmel physician’s lawsuit says St. Vincent fired him without cause

March 16, 2021 | John Russell, Indianapolis Business Journal

A Carmel physician who worked for St. Vincent Medical Group for a decade is suing the health system, claiming it fired him without cause last year.

Opinions March 16, 2021

March 16, 2021

Indiana Court of Appeals
Jeffery Gene Garrison v. Mark Sevier, et al.
20A-MI-01087
Miscellaneous. Affirms the Henry Circuit Court’s denial of Jeffrey Gene Garrison’s request for immediate release from the Department of Correction after his parole was revoked, finding Garrison’s claims are either meritless or waived.

Lawsuit against Ohio River tolled bridges swerves around motion to dismiss

March 16, 2021 | Marilyn Odendahl

A lawsuit against the vendors in charge of the tolling system on three of the bridges connecting southern Indiana to Louisville, Kentucky, has been given the greenlight to continue after a federal court denied the defendants’ motion to dismiss.

Parole revocation affirmed for molester after ‘unapproved’ relationship

March 16, 2021 | Dave Stafford

A man whose parole from a child molesting sentence was revoked after he had an “unapproved romantic relationship” lost his appeal Tuesday, with the Indiana Court of Appeals holding he confused the conditions of parole and probation revocation.

Report: Federal civil cases soared, criminal filings fell in 2020

March 16, 2021 | IL Staff

In a year unlike any other, marked by an unrelenting pandemic and social unrest, the federal judiciary witnessed a dramatic surge in civil case filings while criminal matters sharply declined. The national trend, however, was not the experience of Indiana’s federal courts.

Holcomb to name new secretary of state

March 16, 2021 | IL Staff

Indiana Gov. Eric Holcomb on Tuesday afternoon will announce a successor to long-serving Secretary of State Connie Lawson, who is stepping down after a decade in office.

Indiana makes COVID-19 vaccine available to those 45 and up

March 16, 2021 | Associated Press

State health officials opened up COVID-19 vaccination eligibility on Tuesday to all Indiana residents 45 and older.

Leading Senate Democrat says outlook bleak on immigration bills

March 16, 2021 | Associated Press

A leader of Senate Democrats’ drive to help millions of immigrants become citizens cast severe doubt on its prospects Monday, as one of President Joe Biden’s early priorities seemed in danger of running aground in a Congress his own party controls.

With athlete name, image, likeness reform in limbo, NCAA heads toward busy June

March 16, 2021 | Associated Press and IL Staff

The Indianapolis-based NCAA’s efforts to allow athletes to earn money from personal endorsement and sponsorship deals are stuck in limbo, and June is shaping up to be a potentially busy and important month for college sports.

3 finalists named for Allen County judicial position

March 15, 2021 | IL Staff

The Allen Superior Court Judicial Nominating Commission announced Monday the three judicial officers are finalists to fill an upcoming vacancy due to Judge Charles F. Pratt’s pending retirement.

ILAS gets $250,000 boost from Lilly Endowment

March 15, 2021 | IL Staff

Indianapolis Legal Aid Society has received a $250,000 COVID-19 relief grant from the Lilly Endowment, Inc., providing much-needed support for legal assistance to low-income Hoosiers in central Indiana who have been acutely affected by the ongoing pandemic.

Pro bono filing fee bill needs buzzer-beating play to pass Legislature

March 15, 2021 | Marilyn Odendahl

Although the Indiana General Assembly has unanimously supported a $1 pro bono surcharge tacked onto the state’s filing fee for civil cases since 2012, a bill that would have increased the amount to $3 did not get a committee hearing this session, raising alarm that the key funding stream for legal aid could run dry just as the need is growing.

Opinions March 15, 2021

March 15, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday.

Planned Parenthood of Indiana and Kentucky Inc. v. Kristina Box

17-2428

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.

Civil. Affirms on remand from the United States Supreme Court the district court injunction against enforcement of Senate Enrolled Act 404 (2017), which restricted minors’ access to abortion. Holds that binding standards of caselaw from Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016), has not been overruled by a majority opinion of the Supreme Court, leading the majority to affirm the district court preliminary injunction barring full review in the district court. Judge Michael Kanne dissents with opinion.

Kids living with grandmother insufficient to halt CHINS case

March 15, 2021 | Dave Stafford

A mother’s argument that her children were not in need of services because they were being cared for by their maternal grandmother was insufficient to halt the CHINS proceedings, the Indiana Court of Appeals ruled Monday.

Citing recent precedent, justices vacate dangerous possession adjudication

March 15, 2021 | IL Staff

A juvenile adjudication of dangerous possession of a firearm has been vacated by the Indiana Supreme Court in light of its opinion last year that juvenile courts lack jurisdiction to adjudicate the offense.

 

Indiana abortion law injunction upheld after remand from SCOTUS

March 15, 2021 | Dave Stafford

A sharply divided 7th Circuit Court of Appeals has upheld for the second time an injunction blocking a 2017 Indiana law requiring parental notification of a minor seeking an abortion. The ruling sets up an almost certain second appeal to the United States Supreme Court, which had already sent this case back for review.

Justices revise Blickman discipline order in Park Tudor case

March 15, 2021 | Dave Stafford

The Indiana Supreme Court on Friday amended its order reprimanding Ice Miller employment attorney Michael Blickman, removing language that said he told authorities he didn’t know where images were in a Park Tudor High School sexting scandal between a coach and a student in which Blickman represented the school.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

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