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COA reinstates patient’s claims against hospital in HIPAA-related suit

May 15, 2020 | Dave Stafford

A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed her medical records and then shared details with her husband after she noticed that the patient had “liked” a photo of her husband on Facebook.

AG Hill: Indianapolis’ limit on religious services is unconstitutional

May 15, 2020 | Samm Quinn and Indianapolis Business Journal Staff

Attorney General Curtis Hill on Thursday said Indianapolis’ order limiting church gatherings to no more than 25 people amounts to “unconstitutional and unlawful religious discrimination.”

Federal judge lets suit alleging DCS failed to protect children proceed

May 15, 2020 | Marilyn Odendahl

A lawsuit alleging harm and constitutional violations by the Department of Child Services has survived a motion for summary judgment after a federal judge found the children plaintiffs have sufficiently claimed the state failed to protect them.

Supreme Court sides with Lucky brand in trademark dispute

May 15, 2020 | Associated Press

The Supreme Court is siding with fashion brand Lucky in a dispute with a Miami-based apparel manufacturer that owns the “Get Lucky” trademark.

Rochester woman appeals conviction in fatal school bus crash

May 15, 2020 | Associated Press

An appeal filed by a Rochester woman convicted in a crash that killed three children who were crossing a highway to board a school bus contends the state did not present sufficient evidence that she was criminally reckless.

IMPD officer suspended for remark after police killed man

May 15, 2020 | Associated Press

The Indianapolis Metropolitan Police Department suspended a detective whose remarks about the body of a man fatally shot by another officer sparked criticism, the police chief says.

Opinions May 14, 2020

May 14, 2020

Indiana Court of Appeals
Frances L. Batchelder, Special Administrator of the Estate of John E. Batchelder, M.D., Deceased v. Indiana University Health Care Associates, INC, d/b/a IUHP
19A-CT-2569
Civil tort. Reverses the Marion Superior Court’s award of summary judgment in favor of Indiana University Health Care Associates, Inc., in the medical malpractice action brought by Frances Batchelder, special administrator of the estate of John E. Batchelder, M.D. Finds that by prematurely applying the $1.25 million setoff from a settlement with a third party to the statutory limit and offsetting the IUHP judgment to zero, without first determining the value of the estate’s case, the trial court denied the estate the potential full recovery to which the estate is legally entitled. Remands for proceedings.

High court further expands video, phone proceedings during COVID-19

May 14, 2020 | Katie Stancombe

Indiana Supreme Court justices have permitted the expansion of remote proceedings until further order amid the coronavirus public-health emergency. 

Reversal: Paraplegic doctor’s estate denied full recovery in wrongful death suit

May 14, 2020 | Katie Stancombe

The estate of a deceased doctor was denied the full potential recovery it was entitled to after a hospital was awarded summary judgment in his wrongful death case, the Indiana Court of Appeals ruled Thursday.

‘The wheels of justice must go on’: Indiana Supreme Court hears first remote arguments

May 14, 2020 | Olivia Covington

Joining the trend of appellate courts nationwide, the Indiana Supreme Court on Thursday took the historic step of hearing oral arguments via videoconference in light of the novel coronavirus pandemic.

Justices extend deadline for trial court transition plans to May 30

May 14, 2020 | IL Staff

The Indiana Supreme Court has extended the deadline through May 30 for courts to submit transition plans for expanded trial court operations. The order also extends through the end of May emergency relief granted to trial courts in response to COVID-19.

Confirmed COVID-19 cases in Indiana top 26,000, deaths exceed 1,500

May 14, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Thursday said the number of positive cases for COVID-19 in the state has risen to 26,053 following the emergence of 580 more cases.

Ex-youth coach’s 15-year rape sentence upheld on appeal

May 14, 2020 | Associated Press

The Indiana Court of Appeals has upheld a former youth football coach’s 15-year prison sentence for raping the sister of one of his players after luring her to his Fort Wayne home with the promise of a cheerleading coaching position.

55-year sentence upheld in lawyer’s killing by late lawmaker’s husband

May 14, 2020 | Katie Stancombe

The husband of a late Indiana legislator convicted of murdering a northwestern Indiana lawyer and family friend will serve his 55-year advisory sentence, the Indiana Court of Appeals affirmed Thursday.

Investigators’ interview tactics merit suppression, COA affirms

May 14, 2020 | Dave Stafford

A prosecutor and detective who questioned a woman who was later charged in a child molesting investigation may not use any of her statements after she said wanted to be taken home, the Indiana Court of Appeals ruled Thursday, rejecting an appeal by the state.

Justices fear ‘chaos’ if states can’t bind electors’ votes

May 14, 2020 | Associated Press

Supreme Court justices invoked fears of bribery and chaos Wednesday to suggest they think states can require presidential electors to back their states’ popular vote winner in the Electoral College.

Indiana AG, 13 others to Trump: Let’s hold China accountable for COVID-19

May 14, 2020 | Associated Press

Republican attorneys general in Indiana and 13 other states asked President Donald Trump on Wednesday to form a state-federal partnership to hold China accountable for damages caused by the spread of the new coronavirus.

Study estimates 2.8% coronavirus infection rate for Indiana

May 14, 2020 | Associated Press

A statewide study estimates that at least 2.8% of Indiana’s population has been infected by the coronavirus, a rate about 10 times that shown by previous testing, Indiana University researchers said Wednesday.

Indiana legislator accused of racist Facebook post, again

May 14, 2020 | Associated Press

A white Indiana state lawmaker who was accused of posting something racist on Facebook last year is defending himself again after he posted a meme that showed black children in diapers dancing with the caption, “We gon’ get free money!”

Marion County to ease stay-home order Friday, with several restrictions

May 13, 2020 | Indianapolis Business Journal Staff

Indianapolis Mayor Joe Hogsett on Wednesday said he will begin easing Marion County’s pandemic stay-at-home orders on Friday but with several major exclusions not found in the state’s reopening plan.

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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

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

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

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