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Interviews for 13 applying to succeed Baker on COA reset for June

April 24, 2020 | IL Staff

Candidates seeking to fill an upcoming vacancy on the Indiana Court of Appeals due to Judge John Baker’s pending retirement will now be interviewed in June, the Indiana Supreme Court announced on Friday.

Trump signs $484 billion measure to aid employers, hospitals

April 24, 2020 | Associated Press

President Donald Trump signed a $484 billion bill Friday to aid employers and hospitals under stress from the coronavirus pandemic that has killed more than 50,000 Americans and devastated broad swaths of the economy.

Indianapolis Council approves $25M to make federal paycheck loans available to small businesses

April 24, 2020 | Samm Quinn and Indianapolis Business Journal Staff

The Indianapolis City-County Council voted unanimously Friday morning to provide Indy Chamber with $25 million that will enable the business-advocacy group to quickly offer forgivable loans to small businesses in Marion County backed by the federal Paycheck Protection Program.

Justices reject EPA’s narrow view of Clean Water Act

April 24, 2020 | Associated Press

The US Supreme Court ruled Thursday that sewage plants and other industries cannot avoid environmental requirements under landmark clean-water protections when they send dirty water on an indirect route to rivers, oceans and other navigable waterways.

US Supreme Court sides with government in immigration case

April 24, 2020 | Associated Press

The US Supreme Court is making it harder for noncitizens who are authorized to live permanently in the United States to argue they should be allowed to stay in the country if they’ve committed crimes.

SCOTUS rules for Connecticut company in Fossil trademark case

April 24, 2020 | Associated Press

The Supreme Court of the United States is making it easier to get certain monetary awards in trademark infringement lawsuits. Justices sided unanimously Thursday with a Connecticut company, Romag, in its lawsuit against fashion accessory company Fossil.

Sizing up Trump’s green-card halt: Is it just temporary?

April 24, 2020 | Associated Press

President Donald Trump says a suspension of green cards is necessary at a time when unemployment has climbed to levels last seen during the Great Depression. But critics dismissed the move as the president’s veiled attempt to achieve cuts to legal immigration and to distract voters from his handling of the pandemic.

Opinions April 23, 2020

April 23, 2020

Indiana Court of Appeals
Wayne Doug Zollinger v. Wagner-Meinert Engineering, LLC
19A-PL-01501
Civil Plenary. Affirms the Allen Superior Court order finding Wayne Zollinger breached the terms of his noncompetition agreements with his former employer Wagner-Meinert Engineering LLC, and its award to Wagner-Meinert of $38,657 in attorney fees. Affirms the trial court’s award of summary judgment in favor of WME on some issues and its bench trial rulings for WME on others. Finds the trial court did not err in ordering an injunction against Zollinger mandating compliance with noncompete agreements or in ordering him to pay more than $38,000 of WME’s attorney fees and expenses. Awards Wagner-Meinert additional appellate attorney fees and remands to the trial court for a calculation.

CHINS ruling upheld despite impermissible phone testimony

April 23, 2020 | Katie Stancombe

A child in need of services adjudication was upheld Thursday by the Indiana Court of Appeals after it found that the admission of testimony by phone from a doctor amounted to harmless error.

COA: K-9 sniff did not prolong traffic stop

April 23, 2020 | Marilyn Odendahl

A defendant was unable to convince the Indiana Court of Appeals that while the police were justified in pulling him over, they violated his constitutional rights by detaining him and conducting a dog sniff after the initial traffic stop had been completed.

Lake County property buyer wins appeal after township altered building

April 23, 2020 | Katie Stancombe

A Lake County court ruling for a township that removed light fixtures and historical artifacts from a building it sold after the property had already been purchased was reversed by the Indiana Court of Appeals on Thursday.

State reports highest number of COVID-19 cases since Friday

April 23, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Thursday said the number of positive cases for COVID-19 in the state has risen to 13,039, following the emergence of 601 more cases.

Allen County judicial interviews rescheduled for June

April 23, 2020 | IL Staff

Interviews for an upcoming Allen Superior Court vacancy are set to take place in June after being postponed this month due to COVID-19 concerns.

Logansport meat plant closing due to coronavirus

April 23, 2020

Tyson Foods Inc. announced Wednesday that it will temporarily close its meatpacking plant in Logansport in north-central Indiana after 146 employees tested positive for coronavirus.

Ex-exec loses noncompete appeal, must pay company’s appellate fees

April 23, 2020 | Dave Stafford

A former co-owner of a Fort Wayne mechanical contracting business who violated noncompete agreements by consulting for a Fishers competitor after he was fired lost his appeal Thursday and was ordered to pay more of his former employer’s legal fees.

Indiana courts may livestream proceedings during COVID-19 emergency

April 23, 2020 | IL Staff

The Indiana Supreme Court has issued an order authorizing livestreaming of court proceedings during the coronavirus emergency. The order relaxes longstanding rules prohibiting the broadcasting of live court sessions to balance the public interest in judicial transparency while access to courts is restricted, justices said.

Court denies motion to unseal evidence in judges shooting case

April 23, 2020 | Olivia Covington

A motion to unseal evidence in the case against the accused gunman in the shooting of two Indiana judges last May has been denied.

Former key booster of AG Hill now among GOP rivals

April 22, 2020 | Katie Stancombe

A new candidate vying for the Republican Party’s nomination for Indiana attorney general who for years was a key booster of embattled AG Curtis Hill said he has doubts about the incumbent’s reelection chances.

State reports declining number of COVID-19 cases, 31 more deaths

April 22, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Wednesday said the number of positive cases for COVID-19 in the state has risen to 12,438, following the emergence of 341 more cases.

Opinions April 22, 2020

April 22, 2020

Indiana Court of Appeals
Joshua Anselm v. Ashley Anselm
19A-DC-2728
Domestic relation with children. Affirms the Jasper Superior Court’s award of primary physical custody of Joshua and Ashley Anselm’s children to Ashley. Reverses the order that Joshua pay for all uninsured medical expenses, and the award of $16,500 to Ashley. Finds the dissolution court entered sufficient findings and did not abuse its discretion when it awarded Ashley primary physical custody, and the court did not err when it relied on an unsigned child support worksheet to calculate Joshua’s child support obligation. But, finds the dissolution court did err when it ordered Joshua to both pay the recommended amount of child support and all uninsured health care expenses for the children. Finally, finds the dissolution court erred in awarding Ashley $16,500 based on its conclusion that the parties had $33,000 in equity in their home. Remands with instructions for the trial court to either order Ashley to pay for the first $951.60 in medical expenses or to credit Joshua with that amount toward his child support obligation, and to split the actual equity of about $10,600 between the parties.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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