Indiana passes 32,000 mark for COVID-19 cases
The Indiana State Department of Health on Tuesday said the number of positive cases of COVID-19 in the state has risen to 32,078, following the emergence of 363 more cases.
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Indiana Court Decisions – May 7-19, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Opinions May 26, 2020
Indiana Court of Appeals
Community Health Network, Inc. v. Heather McKenzie and Daniel McKenzie, individually and as parents and natural guardians of J.M. and O.M., John McKenzie, Deborah West, Michael West, and Katrina Gray
19A-CT-873
Civil tort. Affirms and reverses in part the denial of Community Health Network Inc.’s Trial Rule 12(B)(1) motion to dismiss the complaint brought by Heather McKenzie, Daniel McKenzie, John McKenzie, Deborah West, Michael West, J.M. and O.M., and Community’s motion for summary judgment. Finds the appellees’ claims do not fall within the purview of the Medical Malpractice Act, and the Marion Superior Court properly denied Community’s motion to dismiss. Also finds genuine issues of material fact preclude summary judgment in Community’s favor on the claims involving respondeat superior, negligent training, supervision and retention, and negligence. Finally, finds Community is entitled to judgment as a matter of law, in part, on the respondeat superior claim. Remands with instructions to grant summary judgment in favor of Community on the appellees’ invasion of privacy/intrusion claim.
JLAP: Indiana’s chief justice champions lawyer well-being
Indiana Chief Justice Loretta Rush staunchly supports and promotes well-being in the legal profession. When she talks to Indiana judges, lawyers and law students, Rush frequently mentions the Judges and Lawyers Assistance Program. During her State of the Judiciary speech in January, the first topic Rush mentioned was Indiana’s problem-solving courts, which focus on issues including drugs and mental health.
Life and death decisions: Pandemic increases focus on estate planning, health care advance directives
The coronavirus pandemic seems to be the push many people needed. Most clients, estate planning lawyers say, tend to put off preparing their documents, usually believing that they still have time. But with the continuance of the COVID-19 pandemic and the daily coverage of case counts and death tolls, attitudes have changed.
Bell & Grass: When silence isn’t golden: The ethics ‘boom shakalaka’ defense
Under normal circumstances, we would try to fill this column with something useful. We would try to give you tips that may help your practice, and we would hope that our column would give you a teensy-weensy bit of knowledge that might help you avoid an ethical problem down the road. However, these are not normal circumstances, so we feel like offering something a little different.
Hill’s fight to stay AG continues
Suspended Indiana Attorney General Curtis Hill will be reinstated to the practice of law June 17, and he’s said he’s using the time in the interim to “reflect on lessons learned.” His chief deputy, Aaron Negangard, is overseeing the office while Hill serves his suspension, but a lawsuit filed May 21 challenges Hill’s authority to make that appointment.
Zooming in: Lawyers describe pros and cons in remote oral arguments
Though there have been some technical hiccups, lawyers report generally positive experiences with remote appellate oral arguments. Even so, some advocates say the most impactful arguments are made in person.
Community Health wins partial reversal in family records dispute
The Indiana Court of Appeals has partially reversed in favor of a hospital on invasion of privacy and intrusion claims after a family feud between health care employees resulted in comprised confidential health records.
Lawyer-photographer loses appeal of copyright dismissal, must pay more fees
A lawyer and hobbyist photographer known for his litany of federal copyright lawsuits has lost an appeal for the reinstatement of a state-court action and has also been ordered to pay his opponent’s appellate attorney fees.
COA: Removal from sex offender registry makes man’s case moot
A man whose name was removed from Indiana’s Sex and Violent Offender Registry on the state’s volition has successfully sought rehearing at the Indiana Court of Appeals, which has now deemed his case moot.
Tax board ‘acted contrary to law’ by not dismissing CVS valuation appeals
CVS’ voluntary dismissal of two Lake County property tax assessment appeals should have been granted, the Indiana Tax Court ruled Friday, ordering the Indiana Board of Tax Review to dismiss the cases and reinstate original assessed valuations for a span of years for drugstores in Hobart and Schererville.
Plaintiffs push for summary judgment in Hill suspension dilemma
After filing a lawsuit challenging Curtis Hill’s ability to remain Indiana Attorney General while he serves a license suspension, four Marion County plaintiffs filed a motion Friday for summary judgment on their claim that the office is vacant and the governor can name a replacement.
Chief justice says pandemic teaches humility, compassion
Chief Justice John Roberts told graduating seniors at his son’s high school that the coronavirus has “pierced our illusion of certainty and control,” and he counseled the students to make their way with humility, compassion and courage in a world turned upside down.
Indiana jobless rate hits 16.9%; state plans big budget cuts
Indiana’s unemployment rate hit 16.9% for April from widespread business closures during the coronavirus outbreak, and state officials warned Friday of steep spending cuts in reaction to plummeting tax revenues.
Exec gave $50K to governor ahead of state virus testing deal
The state’s award of a $17.9 million contract for operating dozens of coronavirus testing sites across Indiana came weeks after a company executive gave $50,000 to the governor’s reelection campaign. The campaign contribution to Republican Gov. Eric Holcomb by Optum executive Grant Verstandig was made March 4.
Fewer firm commitments? Study finds fewer new lawyers on partner track, but many still find fit
New lawyers preparing to launch their fledgling legal careers in 2020 look similar to the generations that came before them, but some things set millennial lawyers apart. Their ever-evolving professional aspirations and career trajectories appear less traditional than the routes taken by their predecessors in decades past.
COA affirms $2.4 million verdict for Hoosier farm in herbicide dispute
The Indiana Court of Appeals affirmed on Friday a more than $2.4 million verdict for an Indiana farm that suffered after its crops were damaged by plant-killing chemicals.
Opinions May 22, 2020
Indiana Supreme Court
Brandon L. Johnson v. State of Indiana
20S-CR-61
Criminal. Reverses the denial of Brandon Johnson’s request to file a belated notice of appeal. Finds the general waiver of Johnson’s “right to appeal,” particularly when contained in the same sentence as an unenforceable waiver of post-conviction relief, was insufficiently explicit to establish a knowing and voluntary waiver of Johnson’s right to appeal his 12-year sentence for his conviction of Level 4 felony dealing in methamphetamine. Remands with instructions for the Orange Circuit Court to grant Johnson’s motion for permission to file a belated notice of appeal. Justice Geoffrey Slaughter dissents without separate opinion.
Senior COA Judge Michael Barnes dies, leaving public service legacy
Senior Indiana Court of Appeals Judge Michael Barnes died Friday morning in South Bend, leaving a legacy of more than 40 years in public service.