Supreme Court rules against Georgia in copyright dispute
The Supreme Court ruled Monday against the state of Georgia in a copyright lawsuit over annotations to its legal code, finding they cannot be copyrighted.
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Federal agency releasing report on Missouri duck boat deaths
| Associated Press and IL Staff
Nearly two years after 17 people died – including nine Hoosiers – when a tourist boat sank on a Missouri lake, federal transportation safety investigators on Tuesday will release the results of an investigation into the tragedy.
IndyBar: The Impact of COVID-19 on the Future of Mediation
As the recent coronavirus pandemic has swept through the nation and has changed many aspects of our lives, so too has the landscape of the legal field. One of the most significant changes to have taken place over the last month is the way parties are conducting mediations.
Lawmakers support additional funding for legal aid as ILS receives $1M
Indiana Legal Services will be receiving a booster shot of just over $1 million as part of the additional $50 million in funding Congress allotted to legal aid providers across the country during the COVID-19 emergency. Meanwhile, a bipartisan coalition of lawmakers are pushing for another appropriation.
Justices extend trial court relief through May 17, require transition plans by May 15
| IL Staff
The Indiana Supreme Court is extending through May 17 the previously approved emergency relief orders issued to trial courts due to COVID-19. Justices are also setting a May 15 deadline for courts to submit transition plans for expanded operations.
Opinions April 27, 2020
Indiana Court of Appeals
The Davey Tree Expert Company and Davey Resource Group, Inc. v. The City of Indianapolis
19A-CT-2326
Civil tort. Reverses the Marion Superior Court’s grant of the city of Indianapolis’ motion for judgment on the pleadings as to its cross-claim for declaratory judgment against The Davey Tree Expert Company. Finds Davey Tree’s defense obligation is only triggered if the city is sued for Davey Tree’s negligence. Because the claims against the city brought by Evelyn Smock in a wrongful-death lawsuit for her husband are based entirely on the city’s conduct, Davey Tree does not have to defend the city under the contract.
Indiana reports another daily high in new COVID-19 cases
The Indiana State Department of Health on Monday said the number of positive cases for COVID-19 in the state has risen to 15,961, following the emergence of 949 more cases.
Case against Indy attorney to proceed after client wins reversal
An Indianapolis attorney being sued by a former client in a post-conviction relief case faced a reversal Monday after the Indiana Court of Appeals found that the client’s complaint alleging violations of certain canons of the Rules of Professional Conduct did not deprive the trial court of jurisdiction over the case.
Reversal: Indianapolis not indemnified against wrongful-death suit
A landscaping contractor for the city of Indianapolis does not have to defend the city in a citizen’s wrongful-death lawsuit, the Indiana Court of Appeals ruled Monday, reversing in favor of the tree-services company.
COA affirms award of custody to non-surrogate mother, against father
A father fighting against the award of custody of his child to his ex-wife did not convince the Indiana Court of Appeals that a mistake had been made.
Indiana reports 1st death of prison guard with coronavirus
Indiana’s prison system has reported the first death of a guard after contracting the coronavirus. Gary Weinke died Saturday from COVID-19 complications and had last worked at the prison on March 29, the agency said.
Indiana lifting more virus limits on medical procedures
Indiana’s governor signed an order Friday largely lifting restrictions on elective medical procedures beginning next week. The restrictions had been imposed to help preserve equipment and protective gear for hospitals treating coronavirus patients.
Indiana man guilty of threatening, sending dead rat to ex-wife in Florida
An Indiana man faces up to five years in federal prison for threatening his ex-wife over several years and mailing a dead rat to her Florida home. Romney Christopher Ellis, 55, of Indianapolis, pleaded guilty Thursday in Tampa federal court to making interstate threats and mailing injurious articles, according to court records.
Michigan wins appeal over out-of-state liquor shipments after suit from Indiana retailer
| Associated Press and IL Staff
Retailers outside Michigan can’t send alcohol directly to the state’s consumers, a federal appeals court said, a ruling that impacts at least one Indiana alcohol retailer.
Chicago man arrested after shooting inside Kokomo Walmart
A 30-year-old Chicago man has been arrested for a shooting inside a central Indiana Walmart that left another man injured, authorities said. Kokomo police said officers were sent to a Walmart around 3 p.m. Saturday and found a 29-year-old male with several gunshot wounds following a fight inside the store.
Hearing officer: No discipline necessary for lawyer in Park Tudor sex scandal
Despite a finding that prominent Indianapolis employment attorney Michael Blickman violated an ethical rule in his handling of a student-teacher sex scandal at Park Tudor High School, the hearing officer in Blickman’s disciplinary case is not recommending any action against his law license.
Opinions April 24, 2020
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of J.B., D.O., P.F., & K.B. (Minor Children) and L.F. (Mother); et al. v. Indiana Department of Child Services, et al. (mem. dec.)
19A-JT-1935
Juvenile termination. Affirms the involuntary termination of L.F.’s parental rights to her children, J.B., D.O., P.F., and K.B. Finds L.F.’s due process rights were not violated by any alleged deficiency in the services offered to her by the Department of Child Services. Further, finds the evidence supports the Marion Superior Court’s findings. Concludes the findings support its conclusions that the conditions under which children were removed from L.F.’s care would not be remedied, that termination of her parental rights was in the children’s best interests, and that there existed a suitable plan for the care and treatment of children following the termination of parental rights.
Indiana inmates making masks to help flatten COVID-19 curve
| IL Staff
Inmates at two Indiana correctional facilities on opposite ends of the state are working to flatten the curve of COVID-19 by making masks for fellow inmates and staff.
Hoosier families invited participate in virtual citizenship challenge
| IL Staff
Families looking for a fun way to engage together can gather around and test their brains during a virtual U.S. Citizenship Test challenge that will be hosted next week by the Benjamin Harrison Presidential Site.
State’s daily report hits new high mark for COVID-19 cases
The Indiana State Department of Health on Friday said the number of positive cases for COVID-19 in the state has risen to 13,680, following the emergence of 641 more cases.