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Opinions May 13, 2020

May 13, 2020

Indiana Court of Appeals
Tiffany Abbott, Cathie Barnes, and Chandra Gray v. Individual Support Home Health Agency, Inc.
19A-PL-2367
Civil plenary. Reverses the Henry Circuit Court’s order denying the motion to dismiss the complaint filed by Tiffany Abbot, Cathie Barnes and Chandra Gray’s former employer, Individual Support Home Health Agency, Inc. Finds the women’s reports to the Indiana State Department of Health are protected by absolute privilege because the reports initiated a quasi-judicial proceeding. Finds the trial court erred when it denied their motion to dismiss Home Health’s complaint. Remands the case to the trial court with instructions to dismiss Home Health’s complaint.

IndyBar: New Free Estate Planning Document Review Service Available for IndyBar Members

May 13, 2020 | From IndyBar

The COVID-19 public health crisis has caused many people to reconsider their estate planning in light of scenarios that may have previously been unthinkable.

Teen’s attempted murder reversal splits COA in first-impression case

May 13, 2020 | Katie Stancombe

Is the parent of a juvenile defendant waived to adult court “essential” to the presentation of that juvenile’s defense? The majority of a split Indiana Court of Appeals panel concluded the answer to that question was yes, despite a dissenting judge’s opinion.

AG Hill vows to stay in campaign as he seeks GOP support

May 13, 2020 | Olivia Covington

As he prepares to begin a 30-day suspension of his law license, Indiana Attorney General Curtis Hill is doubling down on his campaign efforts and making his case for reelection as he courts delegates for next month’s Indiana Republican Convention.

Award of custody to father reversed after no findings support ruling

May 13, 2020 | Dave Stafford

A court that awarded custody of an 8-year-old child to the father after a modification proceeding had no evidence that doing so was in the child’s best interests, the Indiana Court of Appeals ruled Wednesday, reversing the custody determination.

Appeals court tosses suit against nurses who blew whistle on ex-employer

May 13, 2020 | Katie Stancombe

Three former case managers for a home health care service provider won a reversal from the Indiana Court of Appeals after it concluded that reports they made to the Health Department against their employer are protected by absolute privilege because they initiated a quasi-judicial proceeding.

Southern District extends COVID-19 in-person restrictions

May 13, 2020 | IL Staff

No in-person proceedings will take place at the Southern District Court until June 15, except under emergency circumstances, the district court announced in a Tuesday order. That date, however, is subject to change depending on the state of the COVID-19 pandemic in each of the district court’s four divisions, the order says.

Indiana Republicans call off in-person state convention

May 13, 2020 | Associated Press and IL Staff

The Indiana Republican Party’s in-person state convention was called off because of the coronavirus outbreak on Tuesday, with mail-in voting by delegates to decide the GOP’s contentious nomination for state attorney general.

Indianapolis police to get body cameras in wake of killings

May 13, 2020 | Associated Press

Indianapolis police officers will be equipped with body cameras starting this summer in an effort that was already underway before officers fatally shot two black men last week, sparking protests, city officials said Tuesday.

Web Exclusive: Lawyers intertwine passion for racing with legal practice

May 13, 2020 | Katie Stancombe

A pair of Indianapolis attorneys have found their passion for auto racing made working on such issues a natural fit for their practices.

Judge puts off approving US request to dismiss Flynn case

May 13, 2020 | Associated Press

A federal judge made clear Tuesday that he would not immediately rule on the Justice Department’s decision to dismiss its criminal case against former Trump administration national security adviser Michael Flynn, saying he would instead let outside individuals and groups weigh in with their opinions.

Supreme Court appears likely to reject Trump immunity claim

May 13, 2020 | Associated Press

The United States Supreme Court on Tuesday appeared likely to reject President Donald Trump’s claim that he is immune from criminal investigation while in office. But the court seemed less clear about exactly how to handle subpoenas from Congress and the Manhattan district attorney for Trump’s tax, bank and financial records.

AG Hill’s 30-day suspension raises eligibility questions

May 13, 2020 | Olivia Covington

For the first time in Indiana history, the elected attorney general has been suspended. But what the discipline means for Attorney General Curtis Hill remains to be seen.

‘I hear a roar’: May 2020 bar admittees make history with virtual admission ceremony

May 13, 2020 | Marilyn Odendahl

The May 2020 Indiana Bar Admission Ceremony was historic in several respects. Aside from taking place during a global pandemic, it was Indiana’s first virtual bar admission and the first where every admittee — all 105 — participated.

Timbs civil forfeiture suit starts same as 7 years ago

May 13, 2020 | Olivia Covington

It’s been seven years since Marion man Tyson Timbs lost his Land Rover to a law enforcement seizure, but the ensuing forfeiture litigation that has already made its way to the nation’s highest court is now heading into its second round of appeals.

 

Hitting the road: Outgoing federal clerk Briggs sets out for adventure in retirement

May 13, 2020 | Katie Stancombe

As longtime Southern District of Indiana clerk Laura Briggs stepped back from her post to pursue an adventure in retirement, she said saying goodbye in the middle of a public health crisis is interesting and hard. “It will also be hard for me not to be involved in something that is so integral for the functioning of American society,” she said.

Law schools help draw blueprints to migrating courts online

May 13, 2020 | Marilyn Odendahl

Examining a witness online made Sarah Kelly a little disconcerted. The Indiana University Maurer School of Law student was part of the patent trial class that spends an entire semester preparing a patent case then culminates in a mock trial. Typically the pseudo litigation takes place in a courtroom before a jury and real judge, but this year the COVID-19 emergency pushed the courtroom battle online.

As companies reopen, in-house lawyers feel the pinch

May 13, 2020 | Olivia Covington

As companies have scrambled to stay solvent, in-house legal counsel have been working around the clock to keep up with the ever-changing pandemic response and guidance. What was relevant one day becomes irrelevant the next, leaving corporate lawyers with an information deluge to sift through.

Bont: Trying times make jury trials virtually impossible

May 13, 2020 | Jonathan Bont

Zoom meetings are starting to grow on me, sweatpants are way more comfortable than a suit and Justice Clarence Thomas is letting loose during telephonic oral arguments that are being broadcast in real time on C-SPAN. Despite these nice diversions from reality, I think we are all ready for life to get back to normal sooner rather than later and especially to be rid of the financial stress associated with this time.

IndyBar: Indianapolis Bar Foundation Hosts First Virtual Fundraising Event

May 13, 2020 | From IndyBar

On Thursday, May 7, the Indianapolis Bar Foundation (virtually) raised money to benefit the legal community during this tough time.

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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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