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Opinions Jan. 22, 2020

January 22, 2020

Indiana Court of Appeals
First Chicago Insurance Company v. Candace Collins, et al.
19A-PL-02000
Civil plenary. Finds the Marion Superior Court did not abuse its discretion in granting Robin Dunn’s motion for relief from default judgment, as Dunn showed a meritorious defense and misconduct of an adverse party under Trial Rule 60(B)(3). Reverses the order requiring that First Chicago Insurance Company make up to $25,000 available for Dunn’s claims. Remands for proceedings.

Democrat Weinzapfel leads AG campaign funding with $609K

January 22, 2020 | Olivia Covington

Though Indiana Attorney General Curtis Hill is outpacing his Republican opponents in available money for the 2020 AG nomination race, a would-be Democratic challenger leads the pack with more than $600,000 on hand. Meanwhile, the incumbent AG has yet to secure a key supporter in his bid to become the Republican nominee.

IU McKinney welcomes first dean candidate

January 22, 2020 | Marilyn Odendahl

Milena Sterio, an associate dean at Cleveland State University Marshall College of Law and an expert in international law, is the first of the four candidates for the dean’s position at Indiana University Robert H. McKinney School of Law to visit the IUPUI campus and meet with faculty, students and alumni.

COA: Order committing juvenile to DOC until age 18 must be corrected

January 22, 2020 | Katie Stancombe

An order that a juvenile delinquent be committed to the Indiana Department of Corrections until his 18th birthday has been remanded for correction after the Indiana Court of Appeals concluded the trial court abused its discretion in ordering the determinate commitment.

COA finds misconduct in insurer’s crash claim defense

January 22, 2020 | Katie Stancombe

A woman who sued an insurance company after she and her child were injured in a multi-vehicle crash showed a meritorious defense and misconduct of an adverse party in the case, the Indiana Court of Appeals ruled Wednesday. The appeals court sent the case back to the trial court for full consideration of her claims.

 

Trump backtracks after saying he’s open to impeachment witnesses

January 22, 2020 | Associated Press

President Donald Trump said Wednesday he’s open to new witnesses at his impeachment trial, a major demand by Democratic prosecutors, but he immediately backtracked, suggesting it could never happen despite what he said was his willingness.

Indiana House backs tougher rules for tobacco retailers

January 22, 2020 | Associated Press

Stores across Indiana would face tougher penalties for selling tobacco products to anyone younger than 21 under a bill endorsed Tuesday by the Indiana House.

Indiana House panel endorses ban on drivers using handheld phones

January 22, 2020 | Associated Press

A push to combat distracted driving with a ban on driver using  handheld cellphones has cleared its first hurdle toward becoming the law in Indiana.

Lawyers: Immigration court system is ‘red tape gone crazy’

January 22, 2020 | Associated Press

The Associated Press visited immigration courts in 11 cities more than two dozen times during a 10-day period in late fall, including Chicago’s two locations, which serve Illinois, Indiana and Wisconsin. They found inefficient proceedings leading to years-long gaps between court dates, misplaced files, missing interpreters and immigrants not knowing how to fill out forms or get them translated.

Celadon selling Andy Warhol prints as part of bankruptcy

January 22, 2020 | Susan Orr, Indianapolis Business Journal and Indianapolis Business Journal Staff

Indianapolis-based Celadon Group Inc., which is auctioning off its assets in bankruptcy, isn’t just shedding trucks and real estate — it’s also selling Andy Warhol artworks.

House passes bill to prevent companies from forcing employees to be microchipped

January 22, 2020 | Associated Press

The Indiana House passed a bill Tuesday that would prevent companies from requiring their employees to be microchipped. The bill passed without a vote in opposition and moves to the state Senate.

IU Maurer cybersecurity programs keep pace with technology

January 22, 2020 | Marilyn Odendahl

In his practice at Mallor Grodner in Bloomington, attorney D. Michael Allen is seeing more and more cases that have a digital component. While he learned on the job, he also enrolled in the IU Maurer School of Law cybersecurity master’s program.

IndyBar: Meet Your 2020 Indianapolis Bar Foundation Officers

January 22, 2020 | From IndyBar

We’re giving you an exclusive look at some of the IBF’s newest leaders.

Maley: Insights from the federal bench practice seminar

January 22, 2020 | John R. Maley

At the recent federal civil practice seminar sponsored by Indiana Lawyer, multiple Indiana federal judges commented on procedural developments.

Web Exclusive: Expungement wait period case awaits justices

January 22, 2020 | Katie Stancombe

After more than 10 years with a criminal record, an Elkhart man successfully petitioned to reduce his felony conviction to a misdemeanor. But when he tried to expunge the conviction two years later, he faced an unexpected setback. The Indiana Supreme Court will decide whether he and others in his situation must wait longer for an expungement.

Creating collaborative communities: Rush stresses reforms

January 22, 2020 | Katie Stancombe

The importance of community collaboration in the criminal justice system — particularly through ongoing reform and problem-solving courts — was the key message of Indiana Chief Justice Loretta Rush’s 2020 State of the Judiciary address.

Indiana Court Decisions – Jan. 1-14, 2020

January 22, 2020

Read Indiana appellate court decisions from the most recent reporting period.

Letter to the editor: Hill discipline recommendation raises race bias concerns

January 22, 2020

The Indiana Disciplinary Commission’s recommended professional sanctions against Indiana Attorney General Curtis Hill attests to ongoing racial disparities within the state’s legal and criminal justice system.

Suit over federal executions likely headed back to SCOTUS

January 22, 2020 | Olivia Covington

Death penalty experts say they expect justices of the United States Supreme Court ultimately will decide whether federal executions will resume at the United States Penitentiary in Terre Haute.

New track to arrive at ‘reasonable’ rail rates?

January 22, 2020 | Marilyn Odendahl

The next time you’re stuck in your car watching a train amble across an intersection, think about this: Deregulation is credited with preventing the railroad industry from being run over by truckers, but in places where the rails are the only means of transportation, what should be done to ensure the prices charged by the railroads to the companies shipping products are reasonable?

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In This Issue

  • Can ChatGPT practice law? OpenAI faces first-of-its-kind lawsuit in Illinois.

  • RICO suit vs. Lilly could reap billions if successful

  • Indiana-based pork producer agrees to settlement in wage-related lawsuit

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

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

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

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Ripley Co. teen sentenced to 100 years for killing 2 siblings

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