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Applications available for 2021 ICLEO program

February 1, 2021 | IL Staff

The Indiana Court of Appeals announced applications are now available for the 2021 Indiana Conference for Legal Education Opportunity program. The program aims to help bring diversity to the legal profession and is designed to assist traditionally underrepresented groups in pursuing a legal career.

State ordered to pay attorney fees in election security lawsuit

February 1, 2021 | Marilyn Odendahl

Attorneys who represented the National Election Defense Coalition in a lawsuit seeking information about the security of Indiana’s voting machines have been awarded nearly $50,000 in fees and costs after a Marion Superior judge found the plaintiff had substantially prevailed in the case.

Former Indianapolis deputy mayor joins Bose McKinney

February 1, 2021 | Indianapolis Business Journal Staff

Thomas Cook, who stepped down at the end of 2020 after five years as chief deputy mayor for Indianapolis Mayor Joe Hogsett, has joined law firm Bose McKinney & Evans LLP as a partner.

Anthem paying $594M to settle antitrust litigation, but deal terms might fuel growth

February 1, 2021 | Greg Andrews, Indianapolis Business Journal and Indianapolis Business Journal Staff

Some investment analysts and health care observers say changes to Blue Cross Blue Shield rules that are stipulated in a half-billion-dollar settlement are so favorable to Indianapolis-based Anthem’s growth prospects that they view the deal as a huge win for the company.

Man wounded after exchanging gunfire with police officer

February 1, 2021 | Associated Press

A 31-year-old man was wounded over the weekend while exchanging gunfire with an Indianapolis police officer after an early-morning traffic stop.

Indiana Republicans differ over governor’s COVID-19 powers

February 1, 2021 | Associated Press

Indiana is nearing a year under the coronavirus public health emergency issued by Gov. Eric Holcomb as some of his fellow Republicans in the state Legislature aren’t letting up on attempts to rein in the authority he’s used to impose mask rules and restrictions on businesses and crowds.

Biden to meet with GOP lawmakers to discuss virus relief

February 1, 2021 | Associated Press

President Joe Biden is set to meet Monday with a group of 10 Republican senators, including Indiana’s Todd Young, who have proposed spending about one-third of the $1.9 trillion he is seeking in coronavirus aid, though congressional Democrats are poised to move ahead without Republican support.

Biden could change course in high court health care case

February 1, 2021 | Associated Press

The pending Supreme Court case on the fate of the Affordable Care Act could give the Biden administration its first opportunity to chart a new course in front of the justices.

Opinions Jan. 29, 2021

January 29, 2021

Indiana Court of Appeals
The Residences at Ivy Quad Unit Owners Association, Inc. v. Ivy Quad Development, LLC, et al.
19A-PL-2974
Civil. Reverses the dismissal of Ivy Quad Unit Owners Association’s implied warranty and negligence claims over crumbling concrete and water infiltration at the Ivy Quad condominium complex in South Bend. Finds the St. Joseph Superior Court’s application of the economic loss doctrine as a complete bar to the association’s negligence claims against the defendants was premature and unwarranted. Remands for proceedings.

Senate committee supports new judicial resources, municipal court admin fees

January 29, 2021 | Olivia Covington

Efforts to add judicial resources to several Indiana counties are continuing, with a Senate committee endorsing legislation that would benefit courts in Decatur, Hamilton, Hancock, Huntington, Knox and Lake counties. Meanwhile, a related measure that would let city and town courts keep certain administrative fees is also advancing.

COA dismisses as premature appeal in breach-of-contract suit

January 29, 2021 | Dave Stafford

The Indiana Court of Appeals on Friday dismissed as premature an appeal filed by a southern Indiana man who challenged a trial court order dismissing three of four defendants that he sued, claiming breach of contract in a real estate sales dispute.

Faulty translation voids man’s guilty plea in PCR appeal

January 29, 2021 | Dave Stafford

The Indiana Court of Appeals vacated a man’s guilty plea in a child molestation case Friday, granting post-conviction relief on the basis that he did not receive the assistance of an interpreter to help him understand his rights.

Ruling on appeal reinstates condo owners’ suit alleging faulty construction

January 29, 2021 | Dave Stafford

Condominium owners in a South Bend complex that they allege was shoddily constructed may pursue their claims against the insolvent developer, the Indiana Court of Appeals ruled, reversing the dismissal of the condo owners’ claims.

Justices uphold life without parole in toddler’s brutalization, murder

January 29, 2021 | Dave Stafford

A man’s sentence to life in prison without parole in the murder of an 18-month-old whose body bore the marks of torture and sexual abuse has been affirmed on direct appeal to the Indiana Supreme Court.

Indy law firms join forces, form Waldron Tate Bowen Funk Spandau

January 29, 2021 | Dave Stafford

A small Indianapolis law firm that’s less than a decade old has grown again, this time building its staff by adding a veteran attorney to form a firm whose newest partner says is informally known around the office as “Mom and the boys.”

Census delay points to special session for Indiana lawmakers

January 29, 2021 | Associated Press

A delay in the completion of data from last year’s census has Indiana legislative leaders anticipating a special session over the summer to draw new maps for congressional and General Assembly districts.

Indiana officers serving warrant fatally shoot man in Wabash home

January 29, 2021 | Associated Press

Officers serving a search warrant at a northern Indiana home fatally shot a man and wounded a woman during an exchange of gunfire with the home’s occupants, state police said.

Teen faces 6 murder counts in shootings at Indianapolis home

January 29, 2021 | Associated Press

A 17-year-old Indianapolis boy accused of fatally shooting his father, stepmother, two teenage relatives and a heavily pregnant 19-year-old woman was charged with six counts of murder Thursday, according to a prosecutor and court documents.

ISBA fights legislation to end retention votes, ‘politicize’ appellate bench

January 28, 2021 | Dave Stafford

A measure that would strip Hoosier voters of the power to retain appellate judges and Supreme Court justices — transferring that authority to the Legislature — has drawn fire from the Indiana State Bar Association, which warned the proposal would politicize the appellate bench and threaten the independence of the judiciary.

Opinions Jan. 28, 2020

January 28, 2021

Indiana Supreme Court
Blake B. Hartman v. BigInch Fabricators & Construction Holding Company, Inc.
20S-PL-618
Civil plenary. Affirms the grant of summary judgment in Parke Circuit Court to BigInch Fabricators & Construction Holding Company Inc. Finds there is no blanket rule prohibiting agreements that call for open-market concepts to apply to compulsory, closed-market transactions. Also finds that the shareholder’s agreement’s valuation term clearly contemplates a fair market valuation of Blake Hartman’s shares in BigInch, so a third-party appraiser could apply minority and marketability discounts.

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In This Issue

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

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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

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

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

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