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Indiana Court Decisions – Aug. 13-26, 2020

September 2, 2020

Read Indiana appellate court decisions from the most recent reporting period.

DTCI: 3 insights for retaining and supporting women lawyers

September 2, 2020 | From DTCI

I genuinely believe that law firms and organizations are committed to retaining and supporting women. To that end, I offer the following insight to individuals seeking to support the success of their women colleagues.

Sugarman and Thomas: Nonstick coating emerging as a sticky regulatory problem

September 2, 2020

The United States Environmental Protection Agency (“EPA”) has identified PFAS as an “emerging contaminant.” The agency has released two peer-reviewed documents addressing health impacts posed by the chemicals. EPA also listed PFOA and PFOS on its Contaminant Candidate List (CCL) — which means they are now subject to regulatory decision making and information collection.

Hammerle on … Court humor: The sequel

September 2, 2020 | Robert Hammerle

I thought I would revisit a few court stories that hopefully you will find a bit amusing. Good grief, maybe we can laugh our way out of this lousy pandemic shutdown.

Gardner: Unsettled waters: Revisions to the waters of the U.S. rule

September 2, 2020 | Will Gardner

On June 22, the Trump administration’s new Navigable Waters Protection Rule went into effect and was immediately subject to multiple legal challenges throughout the country. The Navigable Waters Protection Rule is likely to have far-reaching impacts on the development and use of land across the United States.

IndyBar: Rising from the Shadows: The Importance of Mentorship During a Pandemic

September 2, 2020 | From IndyBar

The strength of our Indianapolis legal community has always been the pipeline of dedicated senior lawyers and law school alumni who invest deeply in our young lawyers to provide them with a guiding light. Your weapon to fight the ill effects of COVID-19 is an iron-willed commitment to mentorship.

Knox County judges granted emergency relief

September 1, 2020 | Marilyn Odendahl

The Indiana Supreme Court is enabling Knox County courts to call upon senior judges and local judges pro tempore to fill the vacancy created by the sudden death of Judge Ryan Johanningsmeier.

Opinions Sept. 1, 2020

September 1, 2020

Indiana Court of Appeals
Keith M. Brown v. State of Indiana (mem. dec.)
20A-CR-559
Criminal. Reverses Keith Brown’s conviction for Class A misdemeanor resisting law enforcement. Finds the evidence was insufficient to support Brown’s conviction.

Over Indiana’s opposition, pace accelerated for no-excuse absentee balloting case

September 1, 2020 | Marilyn Odendahl

The 7th Circuit Court of Appeals has granted a motion to expedite the appeal of the challenge to the state’s restrictions on absentee balloting, rejecting Indiana’s request to pump the brakes.

National Guard helps operate Indiana prison amid COVID-19

September 1, 2020 | Associated Press

National Guard units are helping operate a northern Indiana prison that’s faced with staffing shortages after several prison workers were stricken with COVID-19.

Weissmann selected to succeed Baker on Indiana Court of Appeals

September 1, 2020 | Olivia Covington

Southern Indiana practitioner Leanna Weissmann will be the next Indiana Court of Appeals judge, Gov. Eric Holcomb has announced. Weissmann succeeds now-Senior Judge John Baker, who retired from the bench this summer as the longest-serving judge in Indiana.

Tax Court partially reverses tax board’s dismissal of HOAs’ common area claims

September 1, 2020 | Katie Stancombe

A final decision by the Indiana Board of Tax Review that dismissed claims from three homeowners associations was partially reversed by the Indiana Tax Court in a Monday decision.

Indiana, other states seeking SCOTUS amici status in COVID-19 chemical abortion case

September 1, 2020 | IL Staff

The office of Indiana Attorney General Curtis Hill is asking the United States Supreme Court for permission to intervene in abortion litigation seeking to uphold chemical abortion procedures during the COVID-19 pandemic.

IPL to pay $1.5M fine to settle Petersburg pollution issues

September 1, 2020 | John Russell, Indianapolis Business Journal and IL Staff

Indianapolis Power & Light Co. has agreed to pay about $1.5 million in penalties to settle longstanding pollution issues at its huge Petersburg Generating Station.

3 sentenced in Vanderburgh Co. for roles in death of a disabled woman

September 1, 2020 | Associated Press

A southwestern Indiana woman, her daughter and husband were sentenced Monday for their roles in the death of a disabled Virginia woman whose body was found buried beneath a garage.

House to subpoena postmaster general over mail delays

September 1, 2020 | Associated Press

The House Oversight Committee intends to subpoena Postmaster General Louis DeJoy for documents about disruptions in mail delivery operations that are now central to questions over the ability to handle an onslaught of mail-in ballots expected for the November election.

IndyBar: Bosma’s Retirement from the Indiana General Assembly Significant for Local Government Issues

September 1, 2020 | Scott Chinn and From IndyBar

Many House members on both sides of the aisle are familiar with local government issues. But Brian Bosma’s exit from lawmaking is significant in terms of the loss of institutional knowledge and history of those issues from the General Assembly’s leadership.

Three nominees selected for Allen Superior Court judicial vacancy

August 31, 2020 | IL Staff

The Allen Superior Court Judicial Nominating Commission has announced the names of three finalists selected Monday for a judicial vacancy that will occur in January 2021.

In Anthem-Cigna ‘soap opera,’ judge hands damages to neither

August 31, 2020 | Bloomberg News

A Delaware judge rebuffed efforts by both Cigna Corp. and Anthem Inc. to collect billions over their failed merger, saying Cigna had breached its obligations but the merger was likely to have been blocked on antitrust grounds anyway.

Intimidation conviction upheld for man who threatened officer on YouTube

August 31, 2020 | Katie Stancombe

A man convicted of intimidation after posting a threatening video meant for a police officer did not convince the Indiana Court of Appeals on Monday that his jury panel was unfair or that his conviction should be overturned.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

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

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

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