Lawmakers honor retiring Judge Baker with jokes, well wishes
A staple of the Indiana judiciary for more than 40 years, Indiana Court of Appeals Judge John G. Baker was honored by members of the Legislature ahead of his impending retirement.
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Web Exclusive: Pendleton inmate wins $425K solitary settlement with help from Chicago, pro bono attorneys
A Pendleton Correctional Facility inmate will be paid $425,000 by the state after spending four years in isolation for a disciplinary violation he says he didn’t commit. But the settlement might not have been agreed upon without the help of a Chicago-based justice center that says it advocates for underdogs.
Indiana Court decisions – Feb. 13-26, 2020
| IL Staff
Read Indiana appellate court decisions from the most recent reporting period.
DTCI: Indiana Employers, Out of State Employees, and Legal Marijuana Use
Currently, Indiana employers must cautiously navigate a maze of different marijuana laws affecting their employees working across state lines. This is unlikely to change in the foreseeable future.
Thomas: EPA declares war against aftermarket defeat devices
Volkswagen’s recent emissions scandal triggered criminal and civil prosecution by the U.S. Environmental Protection Agency (EPA). In 2017, Volkswagen’s estimated cost resulting from the scandal was more than $30 billion, and that number is growing. In the wake of this scandal, the EPA has declared “war” on an entire subindustry — aftermarket parts — and anyone who manufactures, sells or installs devices that allow drivers to tamper with their vehicle emissions.
Judges portrayed as aggressors in gunman’s self-defense claim
| IL Staff
Did Brandon Kaiser pull the trigger on two Indiana judges only after they attacked him and placed him in fear for his life? He claims in court filings they did. But even as the judges involved in the now-infamous brawl have retaken the bench after brief suspensions, video that could prove conclusive remains under a court seal.
Legislation, lawsuits used to combat Indiana’s lead problem as contamination cases persist
Organizations and individuals around Indiana have been pushing for a solution to the lead problem. The toxin is everywhere and exposure, especially in very young children, can cause lifelong cognitive impairment.
Karen Bravo to become first person of color, second woman to lead IU McKinney
Following a nine-month search that brought hundreds of applications, the best person to lead Indiana University Robert H. McKinney School of Law was found to be someone who was already a member of its family. Karen Bravo, vice dean and director of the master of jurisprudence degree program, has been tapped to be IU McKinney’s new dean starting July 1.
Marquez: The power of ‘Teams’ gives boost to Office 365
Although Microsoft Teams was initially released more than three years ago, it is “still on the front end of the adoption curve” by users, according to the company’s corporate vice president for Microsoft 365. The ultimate mission is to persuade us to replace the combination of products many currently use for instant messaging, video conferencing, screen sharing, task management and file sharing with a central “Teams” hub.
IndyBar: Find the Talent You’ve Been Looking For: Sign On as a Diversity Job Fair Sponsor or Employer
The Indianapolis Bar Association aims to connect a potential pool of candidates from diverse backgrounds with the Indianapolis legal community through its annual Diversity Job Fair. This initiative is to give all students an opportunity to meet potential employers who are looking to build connections with a pipeline of new and diverse talent and learn more about the legal profession and the Indianapolis legal market.
Justice center’s first building — addictions, mental health center — nears completion
City leaders can look southeast out the top floors of the City-County Building and see the Community Justice Campus taking shape in the Twin Aire neighborhood. Today, officials are just six months from a tentative opening for the first piece of the project, the 37,000-square-foot Assessment and Intervention Center.
Complaint dismissed but Hill’s accusers plan to continue their fight
Chief Judge Jane Magnus-Stinson of the Southern Indiana District Court dismissed the lawsuit March 2 brought by three legislative employees and a state representative who claim they were sexually harassed by Indiana Attorney General Curtis Hill, then retaliated against when their allegations were made public. But the women are indicating they are prepared to continue their legal battle.
Opinions March 3, 2020
Indiana Supreme Court
Bryce A. Burton v. Martin Benner and Indiana State Police
19S-CT-549
Civil tort. Affirms as proper the Benton Circuit Court’s grant of summary judgment in favor of Indiana State Police Trooper Martin Benner against motorcyclist Bryce Burton. Finds that, although there is some evidence that Benner was not in strict compliance with state police policy at the time of the accident, it was not enough to place him “clearly outside” the scope of his employment.
Split justices rule for bar after fight left patron blind
A split Indiana Supreme Court reversed Tuesday in a northern Indiana bar’s favor, finding the establishment did not owe a duty to a man who was blinded after bar fight took place in its parking lot.
Justices uphold summary judgment for state trooper in motorcycle crash suit
An off-duty Indiana State Police trooper was not “clearly outside” the scope of his employment during an incident that injured a motorcyclist when the trooper was riding in his unmarked ISP vehicle, the Indiana Supreme Court has ruled.
7th Circuit affirms communications company’s easement use in trespass case
The joint use of a Jeffersonville easement between a Louisville gas company and a communications company is permissible under Indiana law, the 7th Circuit Court of Appeals held Monday. As such, it found no basis for relief against the communications company for a man fighting its use of the easement.
Discipline orders: 3 attorneys suspended, 1 indefinitely
| IL Staff
Two Hoosier attorneys have been suspended from the practice of law for noncooperation with the Indiana Supreme Court Disciplinary Commission, while a third has been indefinitely suspended for failing to cooperate, justices announced Thursday in three disciplinary orders.
Justices to hear arguments at UIndy next month
| IL Staff
The Indiana Supreme Court is once again taking its oral arguments on the road, announcing plans to hear a case at the University of Indianapolis next month.
Court overturns guilty plea for Jared Fogle friend, associate
The Southern Indiana District Court tossed the guilty plea and 27-year sentence of Russell Taylor, friend and employee of former Subway pitchman Jared Fogle, finding Taylor’s attorney advised him to plead guilty to charges he did not commit.
President’s power to can independent agency heads faces test
The Supreme Court is about to tell President Donald Trump whether he has more power to use a favorite phrase: “You’re fired.” A case being argued at the high court Tuesday could threaten the structure of agencies that form an enormous swath of the federal government. It has to do with whether a president can fire the heads of independent agencies for any reason.