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Opinions Dec. 8, 2020

December 8, 2020

Indiana Court of Appeals
Lora Brenner and Shawn Brenner v. Ignacio Chavez, et al. (mem. dec.)
20A-CC-538
Civil collection. Affirms the Delaware Circuit Court’s dismissal of Lora and Shawn Brenner’s claims against Ignacio Chavez. Finds that although Chavez failed to establish that he was an employee of the LLC, the trial court lacked jurisdiction over the Brenners’ claims. Thus, finds that the trial court properly granted Chavez’s amended motion to dismiss Counts II, IV and VI of the Brenners’ second amended complaint.

Allen Superior Court halts jury trials until out of COVID-19 ‘red’ status

December 8, 2020 | IL Staff

The Allen Superior Court is halting jury trials until at least Jan. 11 due to the ongoing surge in COVID-19 infections in the community, the court announced Tuesday.

Dentons expanding reach into Iowa

December 8, 2020 | IL Staff

Dentons is continuing its Project Golden Spike, an initiative to create a national U.S. law firm, by announcing Tuesday a combination with Davis Brown, one of the largest law firms in Iowa.

Judge denies Thursday execution stay as pause urged due to COVID

December 8, 2020 | Olivia Covington

An Indiana judge has declined to stay a federal execution scheduled for Thursday at the Terre Haute federal prison. Meanwhile, another judge is considering whether the ongoing COVID-19 pandemic means all upcoming executions should indefinitely be put on hold.

Mobile home park reaches settlement with state after residents forced from homes

December 8, 2020 | Marilyn Odendahl

A settlement has been finalized between the Indiana attorney general and the operator of a mobile home park in Indianapolis whose actions had forced multiple residents from their homes in 2019.

Safe harbor law locks Congress into accepting Biden’s win

December 8, 2020 | Associated Press

Other than Wisconsin, every state appears to have met a deadline in federal law that essentially means Congress has to accept the electoral votes that will be cast next week and sent to the Capitol for counting on Jan. 6. Those votes will elect Joe Biden as the country’s next president.

Evansville man gets 43 years for shooting 5 outside Legion post

December 8, 2020 | Associated Press

A southwestern Indiana man convicted of shooting five people last year outside an American Legion post has been sentenced to 43 years in prison for the attack.

DNC asks judge to toss Trump Wisconsin election suit filed by Indy firm

December 8, 2020 | IL Staff

The Democratic National Committee has moved to intervene in a federal lawsuit filed on behalf of President Donald Trump by an Indianapolis law firm seeking to overturn President-elect Joe Biden’s election victory in Wisconsin. The judge in the case has set proceedings for later this week.

Trump thought courts were key to winning. Judges disagreed.

December 8, 2020 | Associated Press

President Donald Trump and his allies say their lawsuits aimed at reversing his loss to Joe Biden would be substantiated, if only judges were allowed to hear the cases. But judges have heard the cases and have been among the harshest critics of the legal arguments put forth by Trump’s legal team.

Virus talks drag on liability as Congress preps stopgap aid

December 8, 2020 | Associated Press

Lawmakers are giving themselves more time to sort through their end-of-session business on government spending and COVID-19 relief, preparing a one-week stopgap spending bill that would prevent a shutdown this weekend.

High court hears Nazi-era cases from Germany, Hungary

December 8, 2020 | Associated Press

The Supreme Court on Monday struggled with whether to allow two lawsuits stemming from claims of property taken from Jews in Germany and Hungary during the Nazi era to continue in U.S. courts.

Opinions Dec. 7, 2020

December 7, 2020

Indiana Court of Appeals
Dennis Millikan and Vicki Millikan v. City of Noblesville and KACE, LLC
20A-PL-1061
Civil plenary. Reverses the denial of Dennis and Vicki Millikan’s motion for summary judgment regarding the Millikans’ action to quiet title in property they claimed to have adversely possessed. Finds the Hamilton Circuit Court erred in granting summary judgment in favor of the city of Noblesville. Also finds the Millikans had a reasonable and good faith belief that they were paying taxes on the disputed property. Remands for the trial court to enter summary judgment in favor of Millikans.

Tax Court upholds 2018 assessment of Jackson Co. property

December 7, 2020 | Katie Stancombe

Jackson County homeowners who claimed to be victims of an abusive tax assessment system could not convince the Indiana Tax Court that a 2018 valuation of their home was incorrect.

Supreme Court rejects appeal to limit transgender students

December 7, 2020 | Associated Press

The Supreme Court declined Monday to take up an appeal from parents in Oregon who want to prevent transgender students from using locker rooms and bathrooms of the gender with which they identify, rather than their sex assigned at birth.

COA reverses for couple, against Noblesville in adverse possession dispute

December 7, 2020 | Katie Stancombe

The Indiana Court of Appeals has reversed in favor of two longtime Noblesville residents who exercised control over an abandoned railroad right of way for decades, finding the residents reasonably believed they were paying taxes on the right of way during a period of adverse possession.

Indianapolis attorney suspended for misleading client

December 7, 2020 | IL Staff

An Indianapolis attorney who failed to act promptly and misled a client has been suspended from the practice of law in Indiana for six months.

COA remands breach suit to Indiana court in dispute with Florida business

December 7, 2020 | Olivia Covington

A breach of contract dispute between a company based in Indiana and one based in Florida will continue in Indiana trial court after the Indiana Court of Appeals reversed a dismissal order that was based on a too-narrow reading of a statute.

BOP defends COVID procedures as inmates challenge upcoming executions

December 7, 2020 | Olivia Covington

Facing questions about COVID-19 protocols from an Indiana judge, the federal government is defending its plan to move forward with scheduled executions this month and next despite the continued surge of reported virus cases.

Indiana GOP chairman joining Taft as partner

December 7, 2020 | Lindsey Erdody, Indianapolis Business Journal

Indiana Republican Party chairman Kyle Hupfer is joining national law firm Taft Stettinius & Hollister as a partner, the law firm announced Monday.

Blind voters claim Indiana absentee voting system is discriminatory

December 7, 2020 | Marilyn Odendahl

A group of blind Hoosiers and their advocates have filed a lawsuit against Indiana, claiming the state’s absentee voting scheme that forces them to “permit virtual strangers to fill out their ballots” violates the Americans with Disabilities Act.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Indianapolis attorney suspended for charging, collecting unreasonable fee 

  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Mediator picked to help settle disciplinary case against AG Todd Rokita

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