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Indiana preparing ballot count after record early turnout

November 3, 2020 | Associated Press

County election offices around Indiana are gearing up to count the flood of early ballots as the final votes are being cast in this year’s election, a process that in Marion County and elsewhere may take days to complete.

US judge blocks Trump immigration rule on public benefits

November 3, 2020 | Associated Press

A federal judge in Chicago struck down a key immigration rule Monday that would deny green cards to immigrants who use food stamps or other public benefits, a blow to the Trump administration on the eve of the election.

SCOTUS to hear case about juvenile life sentences

November 3, 2020 | Associated Press

The United States Supreme Court is to hear arguments in a case that could put the brakes on what has been a gradual move toward more leniency for children who are convicted of murder.

Democrats aiming to grab Indiana Attorney General’s office

November 3, 2020 | Associated Press

The race for the Indiana Attorney General’s Office between Republican Todd Rokita and Democrat Jonathan Weinzapfel is the most-contested statewide campaign for this year’s election ballot.

Election Day shadowed by threats of legal challenges

November 3, 2020 | Associated Press

Even before Election Day, the 2020 race was the most litigated in memory. President Donald Trump is promising more to come. The candidates and parties have enlisted prominent lawyers with ties to Democratic and Republican administrations should that litigation take on new urgency in the event of a close election in key states.

Indiana election suit plaintiffs waiting for fees, watching voting statutes 

November 2, 2020 | Marilyn Odendahl

In the only election lawsuit the state did not appeal, the plaintiffs have filed a third request with the Southern Indiana District Court for more time in filing a petition for attorney fees.

Opinions Nov. 2, 2020

November 2, 2020

Indiana Court of Appeals
State of Indiana v. Justin Jones
20A-CR-00664
Criminal. Affirms the Marion Superior Court’s order that the state produce a confidential informant for an interview with Justin Jones’ counsel. Finds that the state did not meet its burden to demonstrate that the CI’s identity would be revealed. Concludes that the trial court did not abuse its discretion when it granted Jones’ motion to compel.

Tax Court affirms for iron company in Kosciuscko County dispute

November 2, 2020 | Katie Stancombe

The Indiana Tax Court has affirmed the Indiana Board of Tax Review’s final determination that an iron company’s 2017 personal property tax assessment was final.

COA affirms order to produce informant for face-to-face interview

November 2, 2020 | Katie Stancombe

Following several failed attempts to interview a confidential informant without compromising the informant’s identity, the Indiana Court of Appeals on Monday affirmed an order requiring the CI to have a face-to-face interview with opposing counsel.

Justices to hear oil company’s appeal of denied insurance ransomware claim

November 2, 2020 | IL Staff

The Indiana Supreme Court has agreed to hear an oil company’s appeal of a ruling against its claim for insurance coverage after it paid a ransom to hackers to regain control of its computer systems.

High court rejects appeal from Florida death row inmate

November 2, 2020 | Associated Press

The Supreme Court of the United States has rejected an appeal from a Florida death row inmate whose conviction was based in part on the testimony of a controversial jailhouse informant.

Supreme Court allows antitrust suit against NFL to proceed

November 2, 2020 | Associated Press

The United States Supreme Court said Monday an antitrust challenge can go forward to the way the National Football League sells the rights to telecasts of pro football games.

Indiana’s 1.5 million-plus early votes expected to delay results

November 2, 2020 | Associated Press

The flood of Indiana voters choosing mail-in ballots or heading to early voting sites has kept up as the final votes are being cast in this year’s election. The volume could delay final results on Election Night.

Barrett joins Supreme Court arguments for the first time

November 2, 2020 | Associated Press

Justice Amy Coney Barrett is expected to join her Supreme Court colleagues on Monday to hear arguments for the first time. Participating in oral arguments will be among the first things Barrett, a former University of Notre Dame law professor, will do after being confirmed last week in a  52-48 virtual party-line vote.

Vincennes man dies after hit by county sheriff deputy’s vehicle

November 2, 2020 | Associated Press

A 68-year-old from southwest Indiana man is dead after being struck by a Knox County Sheriff’s deputy’s vehicle, according to Indiana State Police.

Indiana man sentenced to 53 years in 2018 murder of wife

November 2, 2020 | Associated Press

A northwest Indiana man who pleaded guilty to the 2018 murder of his wife has been sentenced to 53 years in prison.

Warrant issued for former University of Evansville coach

November 2, 2020 | Associated Press

A judge has issued an arrest warrant for former University of Evansville basketball coach Walter McCarty after he missed a court hearing in a civil lawsuit filed on behalf of a bank.

Appeals court affirms breach of contract claim after sewage leak

October 30, 2020 | Marilyn Odendahl

In a dispute between a property owner and an association of property owners over a sewage mishap, the Indiana Court of Appeals ruled that the even though the association was not negligent, it still breached its contract.

Opinions Oct. 30, 2020

October 30, 2020

Indiana Court of Appeals
Nathan Kluger and Laura Kluger v J.J.P. Enterprises, Inc. d/b/a SERVPRO of North Lexington
20A-PL-235
Civil plenary. Reverses the grant of partial summary judgment in favor of J.J.P. Enterprises Inc. d/b/a Servpro of North Lexington and against Nathan and Laura Kluger. Finds that the $150 contract-price threshold under Indiana’s Home Improvement Contracts Act has been satisfied as a matter of law in this instance, so the Posey Circuit Court erred in granting Servpro’s motion for partial summary judgment. Remands with instructions that the trial court enter partial summary judgment in the Klugers’ favor and to conduct further proceedings consistent with the opinion.

COA reverses against restoration company in dispute over tornado-torn home

October 30, 2020 | Katie Stancombe

The Indiana Court of Appeals has reversed for a Posey County couple whose home sustained damage following a tornado, finding that partial summary judgment was incorrectly awarded to a restoration company the couple hired to fix the roof.

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In This Issue

  • AI use by pro se litigants presents challenges for courts

  • McKinney School of Law continues to supply most attorneys to Indiana

  • IU Health files lawsuit against firm hit by 2024 ransomware attack

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

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • New habeas corpus strategy is freeing some immigrant detainees

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

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