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Opinions June 19, 2020

June 19, 2020

Indiana Court of Appeals
Reanna Lopez-Smith v. State of Indiana (mem. dec.)
19A-CR-3018
Criminal. Affirms Reanna Lopez-Smith’s convictions in Marion Superior Court of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. The state presented sufficient evidence to negate her affirmative defense of protected political speech.

Judge reduces jury damages award for doctor in defamation case

June 19, 2020 | Dave Stafford

A doctor will have to settle for just $3.5 million in damages rather than the $4.75 million a Marion Superior jury awarded after a judge on Friday reduced the jury’s award in a defamation case brought against a Carmel hospital after the doctor was falsely accused of drinking on the job.

IU to review names of buildings, structures at all campuses

June 19, 2020 | Associated Press

Indiana University plans to review the names of all buildings and structures across its nine-campus system following the school’s decision to rename an intramural center that once honored a segregationist after its first black basketball player.

7th Circuit removes East Chicago lead pollution case to federal court

June 19, 2020 | Dave Stafford

Companies sued by residents who claim their former housing complex in East Chicago was polluted by toxins including lead and arsenic prevailed in their bid to have the case heard in federal rather than state court. In doing so, the 7th Circuit Court of Appeals also eased the standard for when a defendant may assert a defense of acting under federal authority.

AG candidates make final pleas to GOP delegates

June 19, 2020 | Olivia Covington

The crowded field of lawyers seeking the Indiana GOP nomination for attorney general will soon be narrowed to one as the four candidates make their final pleas for support from the state’s Republican delegates. The field includes embattled AG Curtis Hill, Decatur County Prosecutor Nate Hater, former Rep. Todd Rokita and Bose McKinney & Evans attorney John Westercamp.

Councilman apologizes for calling protesters ‘uneducated’

June 19, 2020 | Associated Press

A northeastern Indiana county councilman has apologized for calling Black Lives Matter protesters “uneducated” and lamenting that they “breed.”

DOJ announces portal for reporting civil rights violations

June 19, 2020 | IL Staff

A new centralized website has been established by the federal Department of Justice to make it easier for people who wish to report possible civil rights violations.

Bolton critique of Trump could define tell-all book court battles

June 19, 2020 | Associated Press

The White House fight with former national security adviser John Bolton is the latest chapter in a lengthy history of Washington book battles, yet it will likely define future cases between the U.S. government and former employees determined to write tell-alls.

Simon sues tenant Brooks Brothers, seeks $8.7M in unpaid rent

June 19, 2020 | Indianapolis Business Journal Staff

Indianapolis-based shopping mall landlord Simon Property Group has filed a lawsuit against clothing retailer Brooks Brothers that seeks more than $8.7 million in unpaid rent.

Opinions June 18, 2020

June 18, 2020

Indiana Court of Appeals
Clark-Floyd Landfill, LLC v. Ricky Gonzalez, Yvonne Gonzalez, Robert Scoles, and Tamara Scoles, on Behalf of Themselves and All Others Similarly Situated
19A-CT-2680
Civil tort. Affirms the Clark Circuit Court’s certification of Ricky Gonzalez, Yvonne Gonzales, Robert Scoles, and Tamara Scoles’ complaint against Clark Floyd Landfill, LLC as a class action. Finds, among other things, that the trial court did not apply an incorrect legal standard in determining whether to certify the class action. Also finds the trial court’s adoption of the Homeowners’ class definition is supported by substantial evidence.

COA affirms denial of mother’s premature motion to modify child custody 

June 18, 2020 | Katie Stancombe

A mother who fought to modify custody of her two children before the court entered her dissolution decree has had her request rejected by the Indiana Court of Appeals.

Charlestown zoo barred from taking in new animals

June 18, 2020 | Associated Press and IL Staff

An embattled wildlife center in southern Indiana that’s being sued by the state and by an animal welfare group for allegedly abusing big cats and other exotic animals cannot take in new animals while that lawsuit is pending, a judge has ruled.

Appeals court remands for sentencing order to reflect not guilty verdict

June 18, 2020 | Katie Stancombe

A sentencing order that failed to account for a man’s not guilty verdict prompted a remand from the Indiana Court of Appeals on Thursday to fix the omission.

Class-action certification upheld in Clark County residents’ suit against landfill

June 18, 2020 | Katie Stancombe

A group of Clark County neighbors have prevailed in an interlocutory appeal in their proposed class-action lawsuit that claims a Jeffersonville landfill emits noxious odors and negatively impacts the surrounding residential area.

Indianapolis lawyers hosting ‘Call to Action’ for racial equality

June 18, 2020 | IL Staff

As demonstrations and calls for criminal justice reform continue nationwide, a group of Indianapolis lawyers have organized a “Call to Action” to highlight the role lawyers can play in the push for racial equality. The new organization Indy Lawyers for Black Lives will host a Juneteenth event Friday at IU McKinney School of Law.

Roncalli, archdiocese lose bid to limit discovery in fired counselor’s discrimination suit

June 18, 2020 | Olivia Covington

The Indianapolis Archdiocese and an affiliated high school have once again lost a bid to limit discovery in a fired employee’s same-sex discrimination lawsuit to the question of whether the plaintiff’s claims fall under the First Amendment’s “ministerial exception.”

Lawsuit challenges IMPD actions against protesters

June 18, 2020 | Marilyn Odendahl

Indy 10 Black Lives Matter and the American Civil Liberties Union of Indiana have sued the city of Indianapolis, seeking to end the Indianapolis Metropolitan Police Department’s use of chemical weapons and projectiles against protesters.

Court rejects Trump bid to end young immigrants’ DACA protections

June 18, 2020 | Associated Press

The United States Supreme Court on Thursday rejected President Donald Trump’s effort to end legal protections for 650,000 young immigrants, a stunning rebuke to the president in the midst of his reelection campaign.

Amid COVID-19 surge, Indiana’s LaGrange County requires face masks

June 18, 2020 | Associated Press

A northern Indiana health department is requiring everyone to wear a mask or face covering over the mouth and nose following a steep increase of cases since Memorial Day.

US virus outbreaks stir clash over masks, personal freedom

June 18, 2020 | Associated Press

When the coronavirus flared in China’s capital this week, Beijing canceled flights, suspended reopenings and described the situation as “extremely grave.” But with cases rising in some U.S. states, local officials have balked at even requiring people to wear masks.

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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?

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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