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Judge dismisses lawsuit in John Dillinger exhumation case

December 4, 2019 | Associated Press

A judge will hear an Indianapolis cemetery’s bid Wednesday to dismiss a lawsuit filed by a relative of 1930s gangster John Dillinger who wants to exhume Dillinger’s gravesite to determine if the notorious criminal is actually buried there.

Opinions Dec. 3, 2019

December 3, 2019

Indiana Supreme Court
Heraeus Medical, LLC, et al. v. Zimmer, Inc., et al.
19S-PL-471
Civil plenary. Vacates Section 1(e) of the Kosciusko Superior Court’s preliminary injunction order enjoining Robert Kolbe from recruiting Zimmer Inc. employees, as prohibited by a nonsolicitation covenant in Kolbe’s noncompetition agreement with Zimmer. Finds the Kolbe agreement’s unenforceable covenant not to solicit Zimmer employees cannot be reformed and that parties to noncompetition agreements cannot use a reformation clause to contract around Indiana’s blue pencil doctrine. Remands.

Barnes grows IP practice, expands into 3 new markets

December 3, 2019 | Marilyn Odendahl

Barnes & Thornburg, the largest law firm in the Indianapolis area, has completed a lateral hire that is bringing 17 legal professionals into its life sciences patent group and expanding its operations into three new markets.

Justices vacate preliminary injunction in nonsolicitation dispute

December 3, 2019 | Katie Stancombe

The Indiana Supreme Court has vacated a preliminary injunction prohibiting a medical sales representative from recruiting employees away from his former employer, finding a nonsolicitation agreement he had previously signed with the company cannot be reformed.

Gary gun lawsuit to continue after transfer denial

December 3, 2019 | IL Staff

A long-running firearms lawsuit in the city of Gary will continue after the Indiana Supreme Court declined to revisit a Court of Appeals’ ruling that reinstated the litigation. But not all justices agreed with the transfer decision.

Jury awards million-dollar verdict in egg dispute

December 3, 2019 | Marilyn Odendahl

An Evansville-based egg buyer suffered a $1.46 million jury verdict in late November over a broken agreement to buy more than 100 million eggs, but a piece of the fight involving egg packing materials will continue Tuesday before the 7th Circuit Court of Appeals.

Roberts seems to hold key to case over New York City gun law

December 3, 2019 | Associated Press

Chief Justice John Roberts appeared Monday to be the key vote in whether the Supreme Court considers expanding gun rights or sidesteps its first case on the issue in nearly 10 years.

Madison Co. child welfare worker charged with neglect

December 3, 2019 | Associated Press

A caseworker for Indiana’s child welfare agency faces criminal charges stemming from the alleged neglect of a 4-year-old boy under his supervision. An arrest warrant was issued Monday for 26-year-old Spencer Day Osborn after prosecutors charged him with four felony counts of neglect of a dependent resulting in serious bodily injury on the recommendation of a Madison County grand jury.

Fort Wayne woman charged after 5-month-old son’s death

December 3, 2019 | Associated Press

A Fort Wayne woman whose 5-month-old son died after she brought him to a hospital with bruising and head trauma has been charged with neglect of a dependent. The child was pronounced dead at Parkview Randallia Hospital minutes after Jasmine M. Johnson brought him to the emergency room.

Republicans tap deputy speaker to replace departing Bosma

December 3, 2019 | Lindsey Erdody and Indianapolis Business Journal Staff and IL Staff

Indiana House Republicans selected Fishers Rep. Todd Huston on Monday as their choice to become speaker-elect and succeed Speaker Brian Bosma after he retires next year.

Special prosecutor finds insufficient evidence in Hamilton County nepotism, harassment allegations

December 2, 2019 | Kurt Christian and Indianapolis Business Journal Staff

A special prosecutor is citing insufficient evidence to charge employees in the Hamilton County Treasurer’s Office after a former coworker alleged they’d engaged in nepotism, then harassed and fired her to cover it up.

Opinions Dec. 2, 2019

December 2, 2019

Indiana Court of Appeals
Drendall Law Office, P.C. v. Lucy Mundia
19A-PL-582
Civil plenary. Reverses the St. Joseph Circuit Court’s denial of Drendall Law Office’s motion for judgment on the evidence in a legal malpractice case against it brought by Lucy Mundia. Finds the jury’s verdict in Mundia’s favor was clearly erroneous because she did not present substantial evidence supporting the proximate cause element of her claim for legal malpractice. Also finds the trial court abused its discretion in its denial. Remands for the trial court to vacate the jury verdict and enter judgement for Drendall.

Child porn convictions, sentence upheld for father

December 2, 2019 | Katie Stancombe

A father convicted on multiple child porn charges has failed to find relief from his convictions or sentence at the 7th Circuit Court of Appeals.

Reversal: Judgment to be entered for law firm in malpractice case

December 2, 2019 | Katie Stancombe

Judgment will be entered for a northern Indiana law firm facing a legal malpractice claim after the Indiana Court of Appeals reversed the denial of the firm’s motion for judgment on the evidence.

Justices consider ‘de facto life sentence’ for teen convicted of murder

December 2, 2019 | Katie Stancombe

The sentencing fate of a man convicted as a teenager of murder is in the hands of the Indiana Supreme Court as the justices decide how they will rule in the case concerning a “de facto life sentence” for the teen.

Indianapolis police chief Roach to retire after accepting new job

December 2, 2019 | Indianapolis Business Journal Staff

Bryan Roach, chief of the Indianapolis Metropolitan Police Department since January 2017, plans to retire at the end of the year, Mayor Joe Hogsett announced Friday morning. Roach, a 28-year veteran at IMPD, said in a statement that he had accepted an undisclosed job outside of the department and city government.

Holcomb issues cease-and-desist letters in response to Amazon OSHA case articles

December 2, 2019 | Lindsey Erdody and Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb on Friday said cease-and-desist letters have been sent to two news organizations — including The Indianapolis Star — in response to published reports that include accusations that his administration dismissed safety citations against Amazon as the state tried to win the company’s coveted HQ2 project.

Judge rules for Indianapolis police in black teen’s killing

December 2, 2019 | Associated Press

A federal judge has ruled in favor of Indianapolis police in a lawsuit that accused officers of excessive force in a black teenager’s fatal shooting following a suspected armed carjacking.

Ex-Portage mayor getting new trial in 1 of 2 federal counts

December 2, 2019 | Associated Press

A federal judge has denied a motion for acquittal by a former northwestern Indiana mayor who was convicted by a jury in February of bribery and tax obstruction but he granted a new trial on one of the counts. The ruling is a partial victory for former Portage Mayor James Snyder, who argued that he should be acquitted because of prosecutorial conduct and insufficient evidence.

Munster bans public vaping, smoking

December 2, 2019 | Associated Press

A northwestern Indiana town has banned all tobacco and vaping products from public spaces and facilities in what a backer hails as one of the most comprehensive in the state. The Munster council this month approved the ordinance that bans the smoking of all tobacco products, including electronic cigarettes, within 15 feet of a public space or entrance to a public facility in Munster.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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