Trucker awarded nearly $900K after Lawrenceburg post office fall
The United States government has been ordered to pay nearly $900,000 to a disabled truck driver who suffered brain and spinal injuries after a fall at an Indiana post office.
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Coronavirus impacting Indiana courts, law firms, schools
| IL Staff
The Indiana legal community is taking precautions and ramping up efforts to stay healthy as the coronavirus spreads. Meanwhile, Faegre Drinker announced Wednesday that it had reopened most of its offices Wednesday, including its Indianapolis location. The firm had closed all 22 of its global offices Tuesday after a person who attend a firm event in Washington, D.C., tested positive for COVID-19.
AG Hill: State agencies can’t use nonbinary gender marker
Indiana agencies are not allowed to use an “X” gender designation on identification documents for residents who don’t identify as male or female, the state attorney general said.
State total of COVID-19 cases rises to 10 after 3 test positive in Johnson County
The Indiana State Department of Health on Wednesday said the number of presumptive positive cases for COVID-19 has risen to 10 in the state after the emergence of four more cases, including three cases in Johnson County.
Court: House entitled to see Mueller probe grand jury testimony
The Justice Department must give Congress secret grand jury testimony from special counsel Robert Mueller’s Russia investigation, a federal appeals court ruled Tuesday, giving the House a significant win in a separation-of-powers clash with the Trump administration.
Indiana lawmakers pass controversial coal bill
A controversial bill that would prohibit Indiana utilities from shutting down coal-fired power plants before May 2021 has passed both chambers of the Indiana General Assembly and is on its way to Gov. Eric Holcomb for his signature.
Bill to effectively ban panhandling in Indianapolis passes both chambers
Indiana lawmakers have taken steps to significantly expand the definition of panhandling in a measure that effectively bans the activity throughout downtown Indianapolis.
Fair Finance bankruptcy trustee loses high-stakes jury trial against deep-pocketed lender
The bankruptcy trustee seeking to recover millions of dollars for victims of Indianapolis businessman Tim Durham’s Ponzi scheme has come up empty in a nearly decade-long lawsuit against a deep-pocketed lender he alleged was culpable in the fraud.
Potential coronavirus exposure closes all Faegre Drinker offices
| IL Staff
Faegre Drinker Biddle & Reath closed all 22 of its global offices Tuesday due to concerns over the coronavirus outbreak. Attorneys worked remotely after concerns that employees in the firm’s Washington, D.C., office had potentially been exposed a day prior.
Distracted driving legislation approved by both chambers, heads to Holcomb
Get ready to put your cell phones down in the car. Legislation that bans drivers from holding or using cellphones while operating a motor vehicle passed the Indiana House and Senate on Tuesday and heads to Gov. Eric Holcomb, who is expected to sign it into law.
Opinions March 10, 2020
Indiana Court of Appeals
Larry Mickow v. AAA Insurance MemberSelect Insurance Company (mem. dec.)
19A-CT-1546
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of MemberSelect Insurance Company against Larry Mickow. Finds that because no factual dispute exists as to whether MemberSelect breached its duty of good faith and fair dealing, the trial court properly granted summary judgment on Mickow’s bad faith claim. Also finds it properly granted summary judgment in favor of MemberSelect on his breach of contract claim.
Housing amendment that would bar local ordinances protested at Legislature
Pushing what legislators have so far not been able to stop, housing advocates arrived at the Statehouse Monday hoping to derail an amendment that opponents say would not only further disadvantage Indiana renters but also possibly preempt cities from regulating rental properties.
Strong showing of intellectual disability prompts stay of federal execution
A federal judge in Indiana has granted a Louisiana man’s motion to stay his execution pending resolution of his habeas action, finding the man made a strong showing that he is intellectually disabled and as a result, the Federal Death Penalty Act forbids his execution.
Attorney accused of tax evasion suspended; 2 justices would disbar
| IL Staff
A Schererville attorney previously arraigned in federal court on charges of tax evasion and failure to pay federal income taxes has been suspended from the practice of law for three years without automatic reinstatement, the Indiana Supreme Court ordered Tuesday. Some of the justices, however, said they would disbar the attorney.
Trial date postponed for alleged gunman in judges shooting
| IL Staff
A trial that had been scheduled to begin next Monday has been continued until mid-April for the alleged gunman who plans to claim self-defense in the shooting of two southern Indiana judges last year.
RFRA ‘fix’ challenged in appellate briefs in lawsuit against city ordinances
Three traditional-marriage organizations challenging the amendment to Indiana’s controversial Religious Freedom Restoration Act are asking the Indiana Court of Appeals for relief, asserting they have standing to sue four cities that have enacted anti-discrimination ordinances.
Big liquor chain sues Indiana for denying permit for Nora superstore
Just days after getting turned down for a liquor permit, a huge Maryland-based liquor retailer is suing the Indiana Alcohol and Tobacco Commission, saying the denial was unconstitutional and amounted to economic protectionism.
US Supreme Court rejects ex-cop’s appeal of rape convictions
The U.S. Supreme Court on Monday declined to hear an appeal for a former Oklahoma City police officer convicted of sexually assaulting black women he encountered while patrolling the city’s low-income neighborhoods.
Indiana House sees leadership change as session nears end
The top leadership position in the Indiana House changed hands Monday for the first time in a decade in an unusual transition just as this year’s legislative session is about to wrap up.
Opinions March 9, 2020
7th Circuit Court of Appeals
Robert Holleman v. Dushan Zatecky
19-1326
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Affirms the Southern District Court’s grant of summary judgment to Zatecky in response to Robert Holleman’s First Amendment lawsuit after his transfer from Pendleton Correctional Facility. Despite Holleman’s multitudinous lawsuits, grievances, and an interview he provided to a local newspaper about the conditions at Pendleton, finds his transfer was not retaliation.