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Opinions June 12, 2020

June 12, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday
USA v. Terrance Brasher
18-1997
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Terrance Brasher’s sentence of life in prison for conviction of engaging in a conspiracy to distribute narcotics. Finds no merit to any of Brasher’s arguments against his conviction and sentence, including that there was a fatal variance between the conspiracy as charged and the proof at trial, among others.

Indiana Supreme Court remands Bayer birth control defect case to COA

June 12, 2020 | Katie Stancombe

The Indiana Court of Appeals will need to go back and consider the viability of each claim brought by more than 30 women who sued a medical company over one of its birth control products, the Indiana Supreme Court ordered on Friday.

7th Circuit upholds life sentence for man in Kentucky, Indiana drug conspiracy

June 12, 2020 | Katie Stancombe

A man sentenced to life in prison for his involvement in a large narcotics conspiracy stemming from Louisville, Kentucky did not persuade the 7th Circuit Court of Appeals to reverse his conviction and sentence.

State disputes federal claims that IOSHA wrongly dropped fines related to Amazon worker’s death

June 12, 2020 | Lindsey Erdody, Indianapolis Business Journal

The Indiana Occupational Safety and Health Administration is disputing a federal report that found the state agency should not have dismissed safety violations related to an Amazon employee’s death in 2017.

Minivan driver charged after striking Indianapolis protesters

June 12, 2020 | IL Staff

A woman who allegedly struck pedestrians with her minivan during a Monday protest on Monument Circle has been charged with felony criminal recklessness.

Auburn native takes seat on Allen County bench as magistrate judge

June 12, 2020 | IL Staff

Auburn native Taylor A. Beaty has been named a magistrate judge in the Allen Superior Court Civil Division, the courts announced Thursday. Beaty will take the bench on July 1, succeeding retiring Magistrate Judge Thomas Boyer.

Valpo fighting donor suit over law school contribution valued at $1.4M

June 12, 2020 | Marilyn Odendahl

After recently shuttering its 140-year-old law school, Valparaiso University is going on the offensive to keep a donor from reclaiming a gift worth more than a million dollars that was made to support the legal education program.

IndyBar slates ‘Tiger King’-inspired exotic pet ownership law webinar

June 12, 2020 | IL Staff

As people across the country hunkered down at home during the coronavirus pandemic, a Netflix documentary series featuring big cats and big personalities became a television sensation and now is the subject of a legal education webinar.

Court backs Trump administration on COVID-19 safety at work

June 12, 2020 | Associated Press

The Trump administration does not have to issue an emergency rule requiring employers to protect workers from the coronavirus, a federal appeals court ruled Thursday in a case brought by leading labor unions.

Court hears arguments on whether to dismiss Flynn case

June 12, 2020 | Associated Press

A federal appeals court heard arguments Friday on whether it should order the dismissal of the Justice Department’s prosecution of former Trump national security adviser Michael Flynn, wading into a politically charged legal question and a power struggle between two branches of government.

Indiana lawmaker jailed on allegations he assaulted deputies

June 12, 2020 | Associated Press and IL Staff

A state legislator from Indianapolis was arrested on allegations that he assaulted two sheriff’s deputies while being checked into a hospital. It’s the Democratic representative’s second arrest in less than a year.

AG’s office wins delay in suit challenging Hill’s eligibility

June 12, 2020 | Dave Stafford

Lawyers for the Indiana Attorney General’s Office asked for a change of judge late Thursday on the eve of the first scheduled hearing in a lawsuit seeking to declare suspended Attorney General Curtis Hill ineligible to serve. Lawyers for the AG’s Office — who also filed on behalf of Gov. Eric Holcomb — also asked to vacate the hearing.

Indiana theaters, bars, playgrounds reopening Friday, but not in Indianapolis

June 11, 2020 | Associated Press

Movie theaters, bars, museums and amusement parks across Indiana will be allowed to reopen Friday for the first time in nearly three months, as the governor announced Wednesday that he was moving up by two days the next stage of easing the state’s coronavirus restrictions. Indianapolis and Marion County, however, will delay the final reopening phase for another week, Mayor Joe Hogsett announced Thursday.

Opinions June 11, 2020

June 11, 2020

Indiana Court of Appeals
Christal Trowbridge v. In re the Estate of Everett Thomas Trowbridge, Michael T. Trowbridge
19A-ES-3022
Estate. Reverses the Clark Circuit Court’s refusal to probate the will of Christal Trowbridge’s ex-husband, Everett Thomas Trowbridge. While affirming the probate court’s conclusion that Everett’s estate is entitled to the presumption that Trowbridge destroyed his will with the intent to revoke it, agrees with Christal that the court did not engage in the proper analysis to determine whether she rebutted that presumption. Remands on that issue with instructions for the court to issue a new order applying the correct analysis.

Advocates seek injunction to expand vote by mail in November election

June 11, 2020 | Marilyn Odendahl

An Indiana grassroots organization and 12 state residents are asking a federal court to order Hoosier election officials extend no-excuse absentee balloting for the 2020 general election in November because, they say, voters will still be at risk of contracting COVID-19.

Hoosier concrete company secures reversal on Ohio collection judgment

June 11, 2020 | Katie Stancombe

Judgment has been reversed for an Indiana concrete leveling company after the Indiana Court of Appeals found an Ohio judgment of more than $155,000 entered against the company is void due to lack of personal jurisdiction.

COA again reverses for ex-wife in dispute over late husband’s will   

June 11, 2020 | Katie Stancombe

An Indiana Court of Appeals panel has again reversed for a woman who claimed her ex-husband did not die intestate, holding that a probate court did not engage in the proper analysis to determine whether she rebutted whether the man destroyed his will with the intent to revoke it.

JNC hears from additional applicants before selecting COA semi-finalists

June 11, 2020 | Olivia Covington

With seven semifinalists named, the Indiana Judicial Nominating Commission is preparing for a second round of interviews with candidates who are seeking to fill an upcoming vacancy on the Indiana Court of Appeals.

Prosecutor probing Indianapolis cops’ beating of black woman

June 11, 2020 | Associated Press

A prosecutor said he has opened a criminal investigation into Indianapolis police officers who were caught on video using batons to subdue a black woman at a protest over the death of George Floyd.

Suit asks judge to decide AG Hill’s eligibility before suspension ends

June 11, 2020 | IL Staff and Associated Press

Plaintiffs who have filed a lawsuit seeking to remove suspended Indiana Attorney General Curtis Hill have asked the judge in the case to rule on Hill’s eligibility to continue to serve before his 30-day suspension concludes on Wednesday.

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In This Issue

  • Federal lawsuits mount against top egg producers, who say avian flu outbreaks are behind price surge

  • Lawsuit seeks to thwart James Dean trademark violations

  • ACLU of Indiana sues Ball State leaders over school’s expressive activity policy, student discipline

Most Read
  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • Widow of Delaware County sheriff’s deputy files wrongful death lawsuit against trucking companies, drivers involved in fatal crash 

  • ICE plans Carmel office as immigration enforcement efforts ramp up

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