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7th Circuit reverses Indiana prison mailbox untimeliness ruling

January 20, 2020 | Katie Stancombe

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.

7th Circuit affirms Indianapolis man’s robbery convictions

January 20, 2020 | Katie Stancombe

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.

Public forum to push for lead legislation as bills stall

January 20, 2020 | IL Staff

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.

Former Carmel insurance firm employee charged with embezzling $2.1M

January 20, 2020

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.

Indiana lawmaker seeking end of state’s US Senate primaries

January 20, 2020 | Associated Press

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.

Proposed Indiana law would limit Lake Michigan beach access

January 20, 2020 | Associated Press and IL Staff

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.

Owner of duck boat that sank, killing 17, settles final lawsuit

January 20, 2020 | Associated Press

The owner of a tourist duck boat that sank in a Missouri lake, killing 17 people including nine members of an Indiana family, has settled its final pending lawsuit for an undisclosed amount.

Crimes? Impeachment prosecutors, defense lay out arguments

January 20, 2020 | Associated Press

President Donald Trump’s defense team and the prosecutors of his impeachment are laying out their arguments over whether his conduct toward Ukraine warrants his removal from office.

 

7th Circuit: Birth certificates should list both mothers in same-sex marriages

January 17, 2020 | Marilyn Odendahl

Nearly three years after oral arguments, the 7th Circuit Court of Appeals has issued a ruling in Indiana’s same-sex birth certificate case by following what the U.S. Supreme Court said to do — find in favor of the mothers.

Opinions Jan. 17, 2020

January 17, 2020

Indiana Court of Appeals
Shannon Gehlhausen, et al. v. Indiana Foundation Service, Inc.
19A-CT-00842
Civil tort. Affirms the Hamilton Superior Court’s grant of summary judgment to Indiana Foundation Service, Inc. Finds Shannon and Brandon Gehlhausen have failed to present a different account of events that would require a resolution by a trier of fact.

COA affirms for foundation company in warranty dispute

January 17, 2020 | Katie Stancombe

A Hoosier foundation services company that secured a ruling against new homeowners in a warranty dispute stemming from issues with leaking basement wall prevailed Friday in the Hamilton County homeowners’ appeal.

Boyer, first female Allen County judge, announces retirement  

January 17, 2020 | IL Staff

Judge Nancy Eshcoff Boyer, a longtime judge and the first woman jurist in Allen County, has announced her retirement from the bench after nearly 30 years of service. “Allen County is a better and more compassionate place because Judge Boyer chose a career in public service,” one colleague said.

Retention process to begin for Marion Superior judges

January 17, 2020 | IL Staff

Applications are now available for incumbent Marion Superior trial court judges who wish to stand for retention this year. Members of the Marion County Judicial Selection Committee announced they will gather next month to review procedures for the retention of judges in Marion County trial courts for the 2020 election cycle.

Jury finds against St. Vincent’s, awards wrongly accused doctor $4.75 million

January 17, 2020 | Dave Stafford

In what is believed to be the first jury verdict in an Indiana Commercial Court case, a jury in Indianapolis has awarded a doctor $4.75 million in her defamation and fraud lawsuit against a Carmel hospital and medical group where she had privileges. The jury found for the doctor, who claimed she had wrongly been accused of having alcohol on her breath while on duty.

Republicans vote down another Indiana teacher pay boost plan

January 17, 2020 | Associated Press

A Democratic proposal to immediately boost Indiana teacher pay by $100 million a year by stretching out payments to a teacher pension fund was rejected Thursday by a Republican-controlled committee.

Holcomb names new revenue commissioner

January 17, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb has named Bob Grennes as new Department of Revenue Commissioner. Grennes will succeed outgoing commissioner Adam Krupp, who is resigning effective Jan. 31 to challenge Curtis Hill for the Republican nomination for Indiana Attorney General.

 

Former employee pleads guilty in $4.5M Cummins fraud case

January 17, 2020 | Susan Orr, Indianapolis Business Journal and Indianapolis Business Journal Staff

A former employee accused of defrauding Indiana-based Cummins Inc. and other companies out of more than $4.5 million has pleaded guilty to one count of wire fraud.

Indiana utilities would be prevented from shutting down coal-fired plants under new bill

January 17, 2020 | John Russell and Indianapolis Business Journal Staff

Indianapolis Power & Light’s Harding Street station will soon shut down its last coal-powered turbine, for conversion to natural-gas-generated electricity.

Source: Dershowitz, Starr on Trump legal team as impeachment trial opens

January 17, 2020 | Associated Press

President Donald Trump’s legal team will include former Harvard University law professor Alan Dershowitz and Ken Starr, the former independent counsel who led the Whitewater investigation into President Bill Clinton, according to a person familiar with the matter. The Trump impeachment trial begins Tuesday.

Opinions Jan. 16, 2020

January 16, 2020

7th Circuit Court of Appeals
Judy Prater v. Andrew Saul

19-2263
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee.
Civil. Affirms the denial of Judy Prater’s request for Social Security disability insurance benefits based on a variety of her mental and physical impairments. Finds that the sit/stand limitation in Prater’s residual functional capacity assessment specifies that Prater may change positions as needed so long as she remains in position for at least 30 minutes at a time. Finds the RFC formulation as not vague and that the decision is supported by substantial evidence.

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In This Issue

  • Attorneys emphasize planning early for smoother retirement

  • Indiana Legal Help looks ahead to what’s possible amid transition

  • Attorney for family of Hamilton County crash victim faces felony after allegedly stealing car parts

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

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

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