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Split justices rule for bar after fight left patron blind

March 3, 2020 | Katie Stancombe

A split Indiana Supreme Court reversed Tuesday in a northern Indiana bar’s favor, finding the establishment did not owe a duty to a man who was blinded after bar fight took place in its parking lot.

Justices uphold summary judgment for state trooper in motorcycle crash suit

March 3, 2020 | Katie Stancombe

An off-duty Indiana State Police trooper was not “clearly outside” the scope of his employment during an incident that injured a motorcyclist when the trooper was riding in his unmarked ISP vehicle, the Indiana Supreme Court has ruled.

7th Circuit affirms communications company’s easement use in trespass case

March 3, 2020 | Katie Stancombe

The joint use of a Jeffersonville easement between a Louisville gas company and a communications company is permissible under Indiana law, the 7th Circuit Court of Appeals held Monday. As such, it found no basis for relief against the communications company for a man fighting its use of the easement.

Discipline orders: 3 attorneys suspended, 1 indefinitely

March 3, 2020 | IL Staff

Two Hoosier attorneys have been suspended from the practice of law for noncooperation with the Indiana Supreme Court Disciplinary Commission, while a third has been indefinitely suspended for failing to cooperate, justices announced Thursday in three disciplinary orders.

Justices to hear arguments at UIndy next month

March 3, 2020 | IL Staff

The Indiana Supreme Court is once again taking its oral arguments on the road, announcing plans to hear a case at the University of Indianapolis next month.

Court overturns guilty plea for Jared Fogle friend, associate

March 3, 2020 | Marilyn Odendahl

The Southern Indiana District Court tossed the guilty plea and 27-year sentence of Russell Taylor, friend and employee of former Subway pitchman Jared Fogle, finding Taylor’s attorney advised him to plead guilty to charges he did not commit.

President’s power to can independent agency heads faces test

March 3, 2020 | Associated Press

The Supreme Court is about to tell President Donald Trump whether he has more power to use a favorite phrase: “You’re fired.” A case being argued at the high court Tuesday could threaten the structure of agencies that form an enormous swath of the federal government. It has to do with whether a president can fire the heads of independent agencies for any reason.

Justices seem divided over court access for asylum seekers

March 3, 2020 | Associated Press

The Supreme Court appeared divided Monday over whether the government can deport people who fail initial asylum screenings without allowing them to make their case to a federal judge.

Judge dismisses women’s lawsuit accusing Curtis Hill of sexual harassment

March 2, 2020 | Lesley Weidenbener and Indianapolis Business Journal Staff and IL Staff

A federal judge has dismissed a lawsuit filed by four women who say Indiana Attorney General Curtis Hill groped them during a legislative party in 2018. Indiana Southern District Chief Judge Jane Magnus-Stinson said in part that because the women didn’t work for Hill, they can’t sue the state of Indiana under federal laws meant to prevent workplace discrimination and retaliation.

House adopts amendment that could boot AG Hill from office, campaign trail

March 2, 2020 | Olivia Covington

Indiana Attorney General Curtis Hill’s ability to remain in office could be even further in jeopardy now that the Indiana House has adopted language that would disqualify for the office any attorney whose law license is suspended for 30 days or more.

Judge orders state inspection of embattled Charlestown zoo

March 2, 2020 | Olivia Covington

A controversial Charlestown zoo whose owner has already lost his federal exhibitor’s license has been ordered to comply with a state inspection on Friday and Saturday.

Opinions March 2, 2020

March 2, 2020

Indiana Supreme Court
Bradley A. Estabrook v. Mazak Corporation
19S-CQ-590
Certified question. Holds that Indiana Code § 34-20-3-1(b) is a statute of repose that cannot be extended by a manufacturer’s post-delivery repair, refurbishment or reconstruction of the disputed product. Finds the Indiana Legislature wrote “or” but meant “and” in the conjunction separating the accrual and repose provisions.

Justices: Product Liability Act’s statute of repose can’t be extend for post-sale repair

March 2, 2020 | Katie Stancombe

Indiana Supreme Court justices Monday answered in the negative a question of whether the Indiana Products Liability Act’s statute of repose may apply to a judicially-created exception to the rule, finding it could not be extended by a manufacturer’s post-delivery repair, refurbishment or reconstruction of a disputed product.

Tax Court: Length of stay does not change character of hotel

March 2, 2020 | Marilyn Odendahl

A property owner could not convince the Indiana Tax Court that because its business offered rooms for extended stays, the property should be classified as residential and subjected to the lower 2% tax cap credit.

Lawmakers to debate bill change that could determine whether AG Hill stays in office

March 2, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff

The Republican-controlled Indiana House on Monday afternoon is expected to consider an amendment to a bill that would force Attorney General Curtis Hill out of office if he loses his law license or is suspended from office for 30 days or more.

Muncie lawyer gets suspension, JLAP monitoring for having cocaine

March 2, 2020 | IL Staff

A Delaware County lawyer found with drugs in his home will serve a four-month suspension, plus probationary monitoring under the Judges and Lawyers Assistance Program. The order culminates the sixth formal disciplinary action against the Muncie attorney.

Money judgment upheld after ‘de factor merger’ affirmed

March 2, 2020 | Katie Stancombe

A de facto merger existed between two companies operated under a “continuity of management,” the Indiana Court of Appeals ruled Monday, upholding a judgment against the successor entity.

COA orders new trial on repeat sexual, habitual criminal offender enhancements

March 2, 2020 | Katie Stancombe

The Indiana Court of Appeals has vacated a man’s habitual offender adjudications and remanded them for a new trial after finding he did not personally waive his right to a jury trial on the two enhancements.

Lawyer who wrote client refund check that bounced reprimanded

March 2, 2020 | Dave Stafford

An attorney whose dissatisfied immigration client sued her in small claims court after the attorney’s check for unearned services bounced has been reprimanded by the Indiana Supreme Court.

Supreme Court will decide fate of Obama health care law

March 2, 2020 | Associated Press and IL Staff

The Supreme Court agreed Monday to decide a lawsuit that threatens the Obama-era health care law, but the decision is not likely until after the 2020 election.

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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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