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Opinions March 31, 2020

March 31, 2020

Indiana Court of Appeals
G&G Oil Co. of Indiana v. Continental Western Insurance Company
19A-PL-01498
Civil plenary. Affirms the award of summary judgment to Continental Western Insurance Company against G&G Oil Co. of Indiana. Finds the commercial insurance policy did not include coverage for losses suffered as a result of a ransomware attack. Finds the ransomware was not covered under the policy’s computer fraud provision.

Indiana restricting abortion clinics during pandemic

March 31, 2020 | Marilyn Odendahl and Associated Press

As Gov. Eric Holcomb issued an executive order Monday that includes banning “elective and non-urgent” procedures at abortion clinics in Indiana during the COVID-19 emergency, federal judges were blocking similar measures in other states.

Restitution, sentence affirmed for woman who stole co-workers’ purse

March 31, 2020 | Katie Stancombe

A woman who stole hundreds of dollars from her co-worker’s purse did not convince the Indiana Court of Appeals that there was an error in ordering her to pay restitution of the full amount stolen or that the sentence of more than two years was inappropriate.

COA rules for insurer that declined to cover ransom paid to hacker

March 31, 2020 | Katie Stancombe

A Hoosier oil company that suffered monetary losses after a ransomware attack on its computer system did not convince the Indiana Court of Appeals that its insurance policy included coverage for such attacks.

 

Split COA affirms attempted obstruction of justice conviction in neighbor dispute

March 31, 2020 | Katie Stancombe

A majority of an Indiana Court of Appeals panel has affirmed a woman’s attempted obstruction of justice conviction after she confronted a neighbor who was subpoenaed to give deposition in a criminal case involving her.

Federal courts get approval for remote access

March 31, 2020 | IL Staff

The Judicial Conference of the United States is temporarily allowing federal courts to use video and teleconferencing for certain criminal proceedings as well as teleconferencing for civil proceedings during the COVID-19 national emergency.

ACLU of Indiana petitions to release inmates at risk for coronavirus

March 31, 2020 | IL Staff

An emergency petition submitted Monday by the American Civil Liberties Union of Indiana is requesting immediate action from the Indiana Supreme Court to stem the spread of COVID-19 in the Indiana Department of Correction and Indiana’s county jails.

Indiana coronavirus cases surpass 2,100 as death toll hits 49

March 31, 2020 | Indianapolis Business Journal Staff and IL Staff

The Indiana State Department of Health on Tuesday morning said the number of presumptive positive cases for COVID-19 in the state has risen to 2,159 after the emergence of 373 more cases. Fourteen more people died from coronavirus, bringing the Indiana death toll to 49.

Indiana expands ICU beds, eases healthcare licensing rules amid pandemic

March 31, 2020 | Associated Press and IL Staff

Indiana hospitals have increased the state’s intensive care unit capacity by about one-third in the past few weeks in preparation for an expected surge in coronavirus-related illnesses, state officials said Monday.

Indiana finances take a big blow from coronavirus crisis

March 31, 2020 | Associated Press

Finances of the state of Indiana are taking a major hit from the coronavirus crisis, and it remains to be seen how big the hit will be.

New law mandates Indiana schools test for lead contamination

March 31, 2020 | Associated Press

Drinking water fountains and taps at public and private schools in Indiana will be required to be tested for lead contamination by 2023 under a new state law.

Opinions March 30, 2020

March 30, 2020

Indiana Supreme Court
Cathy Jo Robertson v. State of Indiana
19S-PL-432
Civil plenary. Affirms the Jennings Superior Court’s denial of the motion to dismiss Counts I and II, misappropriation of public funds, against Cathy Jo Robertson, reverses the trial court’s denial of the motion to dismiss Count III as to the Crime Victims Relief Act claim and remands for further proceedings consistent with this opinion. Finds that as to claims to recover public funds pursuant to Indiana Code § 5-11-5-1(a), the limitations period begins to run only after the Office of the Attorney General receives a final, verified report from the State Board of Accounts. Also finds that claims pursuant to the CVRA are governed by the discovery rule. Justice Geoffrey Slaughter concurs in judgment with separate opinion. 

Recovery case against former bookkeeper to continue in part

March 30, 2020 | Katie Stancombe

A case seeking to recover public funds from a former Jennings County bookkeeper will continue after the Indiana Supreme Court determined two of the three claims brought by the state were not governed by the discovery rule and, thus, were timely filed. The third claim, however, was governed by the discovery rule.

Reversal: Landlord didn’t have enough info to consider emotional support cat

March 30, 2020 | Katie Stancombe

A woman evicted from her apartment because of her emotional support cat faced a reversal in favor of her landlord Monday after the Indiana Court of Appeals determined the woman did not provide enough information to allow the landlord to review her request for the animal.

COA affirms firearm felony in Indy500 case

March 30, 2020 | Katie Stancombe

A man attending the Indianapolis 500 who was carrying a firearm without a permit did not convince the Indiana Court of Appeals that his constitutional rights were violated by a frisk.

Coronavirus cases rise to 1,786 in state, 804 in Marion County

March 30, 2020 | Indianapolis Business Journal Staff and IL Staff and Associated Press

The Indiana State Department of Health on Monday morning said the number of presumptive positive cases for COVID-19 in the state has risen to 1,786 after the emergence of 272 more cases. As those numbers continue to rise, Indiana’s top health official says the state could still be a month away from the peak of coronavirus infections.

Witham Health Services sued over pediatrician convicted of child molestation

March 30, 2020 | Greg Andrews, Indianapolis Business Journal and Indianapolis Business Journal Staff

A new lawsuit accuses Witham Health Services in Lebanon of negligence for hiring a pediatrician who’d faced criminal sexual misconduct charges during his residency in 2004 and then allowing him to see patients with no one else present.

Virus separating Indiana’s governor, lieutenant governor

March 30, 2020 | Associated Press

Indiana’s two top state officials have started working apart as cases of the coronavirus illness continue to grow rapidly.

TV program to spotlight unsolved killings of 2 Delphi teens

March 30, 2020 | Associated Press

A national television program that examines true-crime cases is putting its spotlight on the unsolved 2017 killings of two teenage girls who were slain after they went hiking on a northern Indiana recreational trail.

House passes $2.2T rescue package, rushes it to Trump

March 27, 2020 | Associated Press

Acting swiftly in an extraordinary time, the House rushed President Donald Trump a $2.2 trillion rescue package Friday, tossing a life preserver to a U.S. economy and health care system left flailing by the coronavirus pandemic.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • UPDATE: Senate set to vote on heavily amended immigration bill

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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

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

  • New habeas corpus strategy is freeing some immigrant detainees

  • 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 

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