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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.

Indiana health care workers first up for COVID-19 vaccine

December 7, 2020 | Associated Press

As Indiana announces its preparations to begin coronavirus vaccinations for some 400,000 health care workers by the end of the month, the inoculation timeline for the state’s nursing home residents is still to be determined.

A bleak outlook for millions facing cutoff of US jobless aid

December 7, 2020 | Associated Press

Unemployment has forced aching decisions on millions of Americans and their families in the face of a rampaging viral pandemic that has closed shops and restaurants, paralyzed travel and left millions jobless for months. Now, their predicaments stand to grow bleaker yet if Congress fails to extend two unemployment programs that are set to expire the day after Christmas.

Trump cementing death penalty legacy up to Biden inauguration

December 7, 2020 | Associated Press

As Donald Trump’s presidency winds down, his administration is ratcheting up the pace of federal executions despite a surge of coronavirus cases in prisons, announcing plans for five starting Thursday and concluding just days before the Jan. 20 inauguration of President-elect Joe Biden.

Judge convicted after meth sting barred from bench, suspended

December 7, 2020 | Dave Stafford

A Hamilton County judge who purchased meth from an informant in a sting operation then bit the thumb of an officer who tried to stop the jurist from swallowing the evidence has been barred from holding judicial office but may continue to conditionally practice law after a 90-day suspension.

Opinions Dec. 4, 2020

December 4, 2020

Indiana Court of Appeals
Warsaw Orthopedic, Inc., Medtronic, Inc., and Medtronic Sofamor Danek, Inc. v. Rick C. Sasso, M.D. (mem. dec.)
19A-PL-378
Civil plenary. Affirms the $112,452,269 verdict in favor of Dr. Rick Sasso on his complaint for breach of two contracts against Medtronic Inc., Medtronic Sofamor Danek Inc. and Warsaw Orthopedic Inc. Finds the Marshall Circuit Court did not err by denying Medtronic’s motion to dismiss over a jurisdictional challenge or by denying Medtronic’s claims that it was entitled to judgment as a matter of law regarding a screw agreement. Also finds the court did not err in granting summary judgment in favor of Medtronic on Sasso’s claim for punitive damages.

Appeals court upholds $112M damages judgment for Carmel spine surgeon

December 4, 2020 | Dave Stafford

The Indiana Court of Appeals has upheld a northern Indiana jury’s award of more than $112 million for a Carmel spine surgeon who won a royalty battle against medical device manufacturers.

Senate Committee holds Kirsch’s nomination to succeed Barrett

December 4, 2020 | Marilyn Odendahl

The Senate Judiciary Committee held consideration of Thomas Kirsch’s nomination until its Dec. 10 meeting, putting the U.S. Attorney for the Northern Indiana District’s confirmation to the 7th Circuit Court of Appeals in a tight race against the clock.

Southern District Court announces appointment of newest magistrate judge

December 4, 2020

The U.S. District Court for the Southern District of Indiana announced its newest magistrate judge on Friday, who will help alleviate the overwhelming caseload faced by one of the busiest federal court districts in the country.

Trial in West Virginia federal opioid lawsuit postponed indefinitely

December 4, 2020 | Associated Press

A federal judge in West Virginia has indefinitely postponed a trial date in a lawsuit filed by the city of Huntington and Cabell County over the opioid crisis.

Judge dismisses criminal counts in Missouri duck boat deaths

December 4, 2020 | Associated Press

A federal judge has dismissed neglect and misconduct charges against three employees of a tourist boat that sank on a Missouri lake in 2018, killing 17 people, including nine members of an Indianapolis family.

Elanco to build $100 million HQ campus at former GM site downtown

December 4, 2020 | John Russell, Indianapolis Business Journal and Lesley Weidenbener, Indianapolis Business Journal

Elanco Animal Health Inc. announced Friday morning it will build a $100 million headquarters campus at the former General Motors stamping plant west of downtown, a move the state has incentivized with more than $86 million in tax breaks plus land for the project. The announcement came after the former owner of the site dismissed a lawsuit against the city and announced the property had been sold.

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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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