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Opinions April 28, 2020
Indiana Court of Appeals
City of Marion v. London Witte Group, LLC, Chad Seybold, Estate of Michael Y. An, Global Investment Consulting, Inc., and World Enterprise Group, Inc.
19A-MI-1762
Miscellaneous. Affirms in part the Grant Superior Court’s grant of summary judgment in London Witte Group LLC’s favor against the city of Marion on claims for negligence and breach of fiduciary duty. Reverses in part the denial of the motion with respect to the constructive fraud/unjust enrichment claim. Finds the discovery rule bars the negligence and breach claims, and none of the discovery rule exceptions apply. Also finds the two-year statute of limitations should govern the fraud/unjust enrichment claim. Remands with instructions to enter summary judgment in LWG’s favor on the city’s claim for constructive fraud/unjust enrichment.
COA partially reverses for financial adviser in Marion development dispute
The Indiana Court of Appeals has partially reversed in favor of a financial adviser in a dispute with the city of Marion after years were wasted on a construction project that was projected to cost millions of dollars.
Judge orders return of seized Land Rover that led to SCOTUS civil forfeiture case
After seven years, two appearances before the Indiana Supreme Court and a trip to the United States Supreme Court, a Marion man fighting for the return of his seized vehicle has won his battle, with a trial court judge ordering the “immediate” return of his SUV. But a pending appeal means the case is not over yet.
COVID-19 death toll in Indiana passes 900
The Indiana State Department of Health on Tuesday said the number of positive cases for COVID-19 in the state has risen to 16,588, following the emergence of 627 more cases. The state said Tuesday that the cumulative death toll in the state rose to 901.
Defendant in judges shooting case seeks jurists’ cellphone, JQC communications
The man charged with shooting two Indiana judges is seeking to bolster his self-defense claim by asking for four judges’ cellphone records and their communications with the Indiana Judicial Qualifications Commission related to the incident for which three judges were briefly suspended after the commission investigated and filed disciplinary charges against them.
Spring 2020 Indiana bar admission ceremony to be held online amid COVID-19
| IL Staff
New lawyers prepared to take their oaths during the Spring 2020 Indiana Supreme Court Admission Ceremony will have to do so virtually, the high court announced Tuesday. The admission ceremony will not be held in a traditional brick-and-mortar location, but will instead be livestreamed at 10 a.m. May 5.
State announces expanded nursing home reporting requirements, new mental health resources
A bevy of new resources and a stricter set of reporting requirements introduced during Monday’s state COVID-19 briefing seek to establish support for Hoosiers, both mentally and physically. And Gov. Eric Holcomb promised that later this week, he’ll provide a plan to start returning Hoosiers to work.
Cass County clamps down with big jump in virus cases
| Associated Press and IL Staff
A northern Indiana county where a coronavirus outbreak prompted the closure of a Tyson Foods meatpacking plant imposed tighter restrictions Monday on who can enter retail businesses.
Leadership in Law 2020
Register for 2021 Event Hon. Cynthia Ayers Marion Superior Court Hon. Elaine Brown Indiana Court of Appeals Bernard Carter Lake County Prosecutor Mary Feldhake Bose McKinney & Evans Robert Grand Barnes & Thornburg JauNae Hanger Waples & Hanger Jeff Heck Indiana Legal Services Thomas Henry Woodard Emhardt Henry Reeves & Wagner Steven Hoar Kahn Dees […]
Court tosses NY case that could have expanded gun rights
The Supreme Court sidestepped a major decision on gun rights Monday in a dispute over New York City’s former ban on transporting guns.
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.
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.