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Opinions July 28, 2020

July 28, 2020

Indiana Court of Appeals
Sanders Kennels, Inc. v. Gary Lane
20A-CC-675
Civil collection. Affirms the Marion Superior Court’s denial of Sanders Kennels Inc.’s motion for relief from judgment against Gary Lane, who sued Sanders Kennels for breach of contract, fraud, theft and conversion. Concludes that the trial court had specific personal jurisdiction over Sanders Kennels as matter of law, and therefore Sanders Kennels has failed to establish that the trial court erred in denying its motion to dismiss. Also finds that the trial court did not abuse its discretion in denying his motion to correct error.

COA reverses in part for widow in family’s trust dispute

July 28, 2020 | Katie Stancombe

The Indiana Court of Appeals has reversed in part a verdict against a widow in a family dispute stemming from her diversion of $8 million of her late-husband’s trust assets that effectively disinherited his son.

Indianapolis dog breeder prevails against Georgia supplier’s appeal

July 28, 2020 | Katie Stancombe

An Indianapolis dog breeder held his grip on a summary judgment ruling in his favor after an out-of-state dog breeding business he sued failed to convince the Indiana Court of Appeals that its motion for relief was wrongly denied.

Barr condemns ‘rioters’ in much-anticipated House testimony

July 28, 2020

Attorney General William Barr defended the aggressive federal law enforcement response to civil unrest in America, saying on Tuesday “violent rioters and anarchists have hijacked legitimate protests” sparked by George Floyd’s death at the hands of Minneapolis police.

Muncie woman gets 40 years in infant daughter’s death

July 28, 2020 | Associated Press

A central Indiana woman has been sentenced to 40 years in prison after pleading guilty in the death of her infant daughter, who had untreated broken bones and burns.

Holcomb names successor to judge who resigned after escort video posted

July 28, 2020 | IL Staff

The chief deputy prosecutor in Carroll County has been appointed to fill a coming vacancy on the county’s superior court bench, succeeding a judge who stepped down amid an escort scandal.

Law schools expecting enrollment to remain steady

July 28, 2020 | Marilyn Odendahl

Despite the upheaval and uncertainty the pandemic has created for legal education, law school admissions officers are confident the first-year class entering in the fall of 2020 will be the same size, if not bigger, than the class that started in the fall of 2019.

Report: Indiana public defender caseload standards likely too high

July 28, 2020 | Olivia Covington

Caseload standards imposed by the Indiana Public Defender Commission are likely higher than the caseloads public defenders should carry, meaning current practices do not give public defenders sufficient time to provide effective representation.

Remington seeks bankruptcy for second time in as many years

July 28, 2020 | Associated Press

Weighed down by lawsuits and lax retail sales restrictions following the Sandy Hook school massacre, Remington Arms, the nation’s oldest gunmaker, is seeking bankruptcy protection for the second time in as many years.

Notre Dame withdraws as presidential debate host due to COVID-19

July 28, 2020 | Associated Press

The University of Notre Dame has become the second university to withdraw as the host of one of this fall’s three scheduled presidential debates amid the coronavirus pandemic.

Opinions July 27, 2020

July 27, 2020

Indiana Court of Appeals
ShermansTravel Media, LLC v. Gen3Ventures, LLC
19A-PL-3024
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment in favor of Gen3Ventures, LLC against ShermansTravel Media, LLC. Finds the question of whether Shermans substantially performed its obligations under the parties’ settlement agreement is a disputed issue of material fact. Remands for further proceedings. Judge Elaine Brown concurs with a separate opinion. Judge Terry Crone dissents with a separate opinion.

COA reversal splits panel in email subscriber data dispute

July 27, 2020 | Katie Stancombe

An appellate panel split Monday in reversing on whether an online travel media company substantially performed its obligations under its settlement agreement with a marketing technology company regarding the use of subscriber data.

Indianapolis attorney convicted of OWI suspended for 90 days

July 27, 2020 | IL Staff

An Indianapolis attorney has been suspended for 90 days with automatic reinstatement following his conviction of operating a vehicle while intoxicated and several violations of the Indiana Rules of Professional Conduct related to client representation.

Holcomb appoints attorney Williams to Allen Superior bench

July 27, 2020 | IL Staff

Indiana Gov. Eric Holcomb on Monday appointed attorney Andrew S. Williams to fill a vacancy on the Allen Superior Court bench. Williams will succeed retired Judge Nancy Eshcoff Boyer, the first woman to serve on the state trial court bench in Fort Wayne.

Merrillville attorney’s discipline converted to indefinite suspension

July 27, 2020 | IL Staff

Indiana Supreme Court justices have indefinitely suspended a Lake County lawyer who was suspended earlier this year for failing to cooperate with the disciplinary commission concerning a grievance against him.

Trump’s national security adviser has coronavirus

July 27, 2020 | Associated Press

President Donald Trump’s National Security Adviser Robert O’Brien has tested positive for the coronavirus, making him the highest-ranking official to test positive so far.

Applicants sought for Northern District Bankruptcy Court

July 27, 2020 | IL Staff

Applications are being accepted through Aug. 10 for a pending vacancy in the bankruptcy court for the Northern District of Indiana in South Bend.

Lawyer sentenced for theft from charity resigns from bar

July 27, 2020 | IL Staff

An Indianapolis attorney has resigned from the bar rather than face a disciplinary proceeding a month after he was convicted of felony theft related to the misappropriation of funds from a charity that benefited Riley Children’s Hospital and a related business.

Applications open for Allen Superior Court vacancy

July 27, 2020 | IL Staff

Applications are now open to fill an upcoming vacancy on the Allen Superior Court bench as Judge Thomas Felts prepares to retire.

SCOTUS denies Nevada church’s appeal of COVID-19 restrictions

July 27, 2020 | Associated Press

A sharply divided U.S. Supreme Court denied a rural Nevada church’s request late Friday to strike down as unconstitutional a 50-person cap on worship services as part of the state’s ongoing response to the coronavirus.

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In This Issue

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