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Indiana’s longest-serving judge and a 30-year veteran of the Indiana Court of Appeals, Judge John G. Baker will retire this summer, the COA announced in a news release Tuesday afternoon.
Indiana Court of Appeals
Aquatherm GmbH v. Renaissance Associates I Limited Partnership
19A-PL-981
Civil plenary. Affirms in an interlocutory appeal the Lake Superior Court’s denial of Aquatherm GmbH’s motion to dismiss for lack of personal jurisdiction in a case brought against it by Renaissance Associates I Limited Partnership. Finds GmbH’s contacts are not sufficient to confer general personal jurisdiction, but Indiana’s exercise of specific personal jurisdiction over GmbH would be fair and comport with federal due process requirements.
A German water pipe manufacturer did not convince an Indiana Court of Appeals panel on Tuesday that Hoosier courts lack personal jurisdiction to hear a negligence lawsuit brought against the company by a northern Indiana apartment complex.
The Indiana Supreme Court will consider this week whether to grant transfer to a wrong-way-driver case focused on a post-accident blood draw.
An Indiana Court of Appeals panel has once again split over matters concerning a lawsuit brought against two lawyers, this time granting a petition for rehearing to reaffirm a prior split decision.
A Connersville attorney accused of using client funds to pay for her children’s school tuition and of repeatedly making false assertions to the Disciplinary Commission, among numerous other “criminal and dishonest” acts, has been disbarred.
The U.S. District Court for the Southern District of Indiana will celebrate Black History Month this year with the presentation of “Booker T. Washington Slept Here: African American Politics in Indiana in the Early 1900s.”
A suspended Greenwood lawyer accused of stealing hundreds of thousands of dollars from disabled and injured clients whose special-needs trusts he established and then allegedly used for his own purposes is in jail in Muncie, where he may remain until standing trial on criminal charges around the state. Kenneth “Shane” Service, 46, was booked into the Delaware County Jail on Thursday, according to jail records.
The Supreme Court refused Tuesday to consider a fast-track review of a lawsuit that threatens the Obama-era health care law, making it highly unlikely that the justices would decide the case before the 2020 election.
President Donald Trump’s impeachment trial is set to unfold at the Capitol, a contentious proceeding over whether to remove him from office for pressuring Ukraine to investigate his Democratic rivals and obstructing Congress’ ensuing investigation. As the Senate reconvenes with Chief Justice John Roberts presiding, a first test will come midday Tuesday when the session gavels open to vote on Senate Majority Leader Mitch McConnell’s proposed rules for debate.
A northern Indiana county is seeking to overturn a court ruling that puts it on the hook for costly repairs to six aging dams in a lake-filled subdivision. Miami County is challenging a Marion County judge’s August ruling which found that the Indiana Department of Natural Resources had the authority to require property owners and Miami County to fix the dams at the Hidden Hills subdivision.
At times describing the defendants’ argument as bordering “on the absurd” and noting the policies are already causing injury, the Northern District of Indiana has blocked another attempt by the University of Notre Dame and federal agencies to limit women students’ access to contraceptives.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday.
Thomas Censke v. USA
18-2695
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the holding that Thomas Censke’s administrative complaint under the Federal Tort Claims Act was not filed until it was received and therefore untimely. Finds the prison mailbox rule applies to a prisoner’s administrative complaint under the Federal Tort Claims Act and that mail is filed upon being placed in the prison’s mail. Thus, finds Censke’s claim was timely filed.
Lawyers in southwest Indiana who would like to be considered for appointment to the Vanderburgh Superior Court bench have a few weeks remaining to make their interest known to Gov. Eric Holcomb, who will select the successor for a longtime jurist.
A federal prisoner who struggled to file an administrative complaint through the prison mail system and was denied his complaint due to untimeliness has won a reversal from the 7th Circuit Court of Appeals. The 7th Circuit concluded that the complaint was filed the moment it was placed in the prison’s mail and not upon its receipt.
A man found guilty of robbing three Indianapolis beauty stores and attempting to rob another could not convince the 7th Circuit Court of Appeals that there wasn’t enough evidence to support his convictions, or that one did not qualify as a crime of violence under the Hobbs Act.
With the deadline looming in the Statehouse for bills to pass through committee, the Greater Indianapolis NAACP Branch #3053 is sustaining the pressure on the Legislature to address the risks of lead poisoning in children.
A former employee of Carmel-based Seven Corners Inc. has been indicted on a wire fraud charge for what prosecutors describe as a multiyear scheme that embezzled $2.1 million from the travel insurance company.
A Republican state senator is pushing for the elimination of Indiana’s primary elections for U.S. Senate and proposing that political parties select candidates at conventions.
Indiana lawmakers are considering a bill that would undo a landmark Indiana Supreme Court ruling that affirmed that the shoreline of Lake Michigan is unquestionably owned by the state and held in trust for use by all residents.