State reports 643 more COVID-19 cases as testing hits new high
The Indiana State Department of Health on Friday said the number of positive cases for COVID-19 in the state has risen to 23,146 following the emergence of 643 more cases.
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7th Circuit upholds meth charges after wife’s tip
An indicted man whose wife tipped law enforcement about drugs in their home did not convince the 7th Circuit Court of Appeals that evidence revealed from a search warrant based on her insight violated the Fourth Amendment.
IU student files class-action suit seeking COVID-19-related damages
An Indiana University student has sued the school in a proposed class-action suit, arguing that while the university did the right thing by closing campuses amid the COVID-19 pandemic, students are entitled to refunds “for services not received.”
ISBA offering law firms reopening guidance amid COVID-19
| IL Staff
The Indiana State Bar Association is offering attorneys and law firms suggestions on reopening their practices amid the COVID-19 pandemic.
Democratic candidate for governor announces former state lawmaker as running mate
Democratic gubernatorial candidate Woody Myers has selected a former state lawmaker to be his lieutenant governor candidate.
Justice Department dropping Flynn’s Trump-Russia case
In an abrupt about-face, the Justice Department said it is dropping the criminal case against President Donald Trump’s first national security adviser, Michael Flynn, abandoning a prosecution that became a rallying cry for the president and his supporters in attacking the FBI’s Trump-Russia investigation.
Protests in Indianapolis after police kill 3 in separate incidents
Protesters crowded the streets of Indianapolis on Thursday to voice concerns about police treatment after officers shot and killed two men and fatally struck a pregnant pedestrian in three separate incidents just hours apart.
Indiana greenlights July bar exam as one-day test
The Indiana Supreme Court will be offering the bar exam in July, but the normal two-day, in-person test will be condensed to a one-day exam that will be given remotely, the court announced.
Former northern Indiana judge accused of defrauding estates
A one-time Jasper County judge is accused of multiple counts of attorney misconduct related to his representation of two elderly clients’ estates, potentially involving the misappropriation of hundreds of thousands of dollars to his law firm, an office employee and a family member after the clients died.
Unanimous US Supreme Court throws out ‘Bridgegate’ convictions
A unanimous United States Supreme Court on Thursday threw out the convictions of two political insiders involved in the “Bridgegate” scandal that ultimately derailed the 2016 presidential bid of then-New Jersey Gov. Chris Christie. The justices found evidence of deception, corruption and abuse of power in the scheme, but said “not every corrupt act by state or local officials is a federal crime.”
Indianapolis chief: No bodycam video of 2 police shootings
Indianapolis’ police chief said Thursday that none of the officers involved in the fatal police shootings of two men killed hours apart in separate incidents were equipped with body cameras. Events surrounding the first shooting were livestreamed on Facebook, leading to protests.
Opinions May 7, 2020
7th Circuit Court of Appeals
Acheron Medical Supply, LLC v. Cook Medical Incorporated
19-2315, 19-2410
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence.
Civil. Affirms the Southern District Court’s conclusion that while Acheron Medical Supply, LLC breached a distribution agreement and that Cook Medical Incorporated did not, the plaintiff was not liable for its breach. Finds the district court correctly held Cook had no obligation to submit to the VA audit or deactivate its DAPA. Finds the district court correctly held that Acheron breached the agreement by not obtaining the FSS but was not liable for that breach due to the force majeure provision.
7th Circuit affirms ruling for Cook in medical-supply dispute
Despite arguments from both sides, the 7th Circuit Court of Appeals affirmed a lower court’s ruling that while a medical supply company breached a distribution agreement with a medical supply manufacturer, the former was not liable for the breach.
Reversal: DCS failed to take reunification steps in TPR case
An Indiana Court of Appeals panel has reversed for two parents in a termination of parental rights case after finding that reasonable efforts were not made by the Department of Child Services to reunify them with their children.
Jackson County Courthouse Nativity scene violates First Amendment, judge rules
A Nativity scene displayed on the lawn of the Jackson County Courthouse violates the First Amendment’s Establishment Clause, a federal judge has ruled, entering an injunction prohibiting the county’s as-is display of the Christian Christmas scene.
SCOTUS phone argument’s unresolved issue: Did someone flush?
Was it the flush heard ’round the world? Or just some weird electronic noise that sounded suspiciously like a flushing toilet? The familar sound came Wednesday as US Supreme Court justices participating by phone listened to a lawyer who argued for striking down a federal law barring robocalls to cellphones.
Indianapolis police fatally shoot man after vehicle chase
A man was shot to death by Indianapolis police after a vehicle chase that may have been captured on Facebook Live, authorities said Wednesday.
Indianapolis police officer fatally strikes pregnant woman
An Indianapolis police officer driving to work struck and killed a pregnant woman and her unborn child on an expressway ramp, police said Thursday.
Indianapolis keeping tougher virus restrictions in place
Indianapolis officials have decided to keep the city’s stay-at-home order and restrictions on nonessential businesses in place through at least next week even as statewide rules aimed at slowing the coronavirus spread have been eased.
Opinions May 6, 2020
The following Indiana Supreme Court opinion was posted after IL deadline on Tuesday:
In the Matter of R.L. (Minor Child); J.R. (Mother) v. Indiana Department of Child Services and Child Advocates, Inc.
20S-JC-296
Juvenile CHINS. Reverses the Marion Superior Court finding that R.L. is a child in need of services and dismisses the CHINS petition with prejudice. Finds that under Matter of Eq.W., 124 N.E.3d 1201 (Ind. 2019), the Department of Child Services was barred from filing a successive CHINS petition after the first petition was dismissed with prejudice.