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Opinions October 1, 2024
Indiana Court of Appeals
Arthur Moore v. State of Indiana
23A-CR-2189
Criminal. Affirms Arthur Moore’s conviction in Marion Superior Court for Class A misdemeanor unlawful carrying of a handgun. Finds the state has satisfied its burden to show Subsection (b)(6) is consistent with the principles underpinning the nation’s historical tradition of firearm regulation. Also finds Moore has not shown Subsection (b)(6) imposes a material burden on his right to bear arms under Indiana’s Constitution. Judge Elizabeth Tavitas concurs with separate opinion.
As expected, judge denies cameras in courtroom for Delphi double-murder trial
Richard Allen’s trial once held the promise of being the most high-profile court proceeding in Indiana history to be allowed to be captured live by television and streaming service cameras. But Judge Frances Gull ultimately decided to deny access.
Diversity in Law: Past Honorees
2023 Diversity Trailblazer Hon. Myra C. Selby, Ice Miller LLP, University of Michigan Law School, 1980 Honorees Roderick E. Bohannan, Indiana Legal Services Inc., Seton Hall Law School, 1975Charles E. Bush II, Ice Miller LLP, Valparaiso University School of Law, 2013Reginald D. Cloyd III, Barnes & Thornburg LLP, University of Illinois College of Law, 2015Norris […]
Civic leader, prominent attorney Robert H. McKinney dies at 98
| IL Staff
Robert H. McKinney’s name now adorns the Indianapolis law school where he enrolled after World War II, and his presence has been felt throughout Indiana for more than 75 years, whether as an attorney, entrepreneur, banker, public servant, or civic leader.
Braun hits McCormick with digitally altered ad that could test new campaign law
Democratic gubernatorial candidate Jennifer McCormick’s campaign team called for Republican opponent Mike Braun to immediately pull the ad, saying it “violates the principles of transparency and integrity voters deserve in campaign advertising by changing the text on the signs in voters’ hands.”
Gov. Holcomb’s ‘anti-trans’ positions criticized in Netflix’s ‘Will & Harper’ documentary
The film documents a cross-country trip Hollywood actor Will Ferrell and his close friend Harper Steele embarked on in 2023 and centers on Steele’s transition and identity as a trans woman.
New rules regarding election certification in Georgia to get test in court
A trial is set to begin Tuesday before Fulton County Superior Court Judge Robert McBurney on a legal challenge that Democrats filed arguing that the two new certification rules could be used “to upend the statutorily required process for certifying election results in Georgia.”
Justice Department will launch civil rights review into 1921 Tulsa Race Massacre
The review was launched under a federal cold-case initiative that has led to prosecutions of some Civil Rights Era cases, although Assistant U.S. Attorney General Kristen Clarke said they have “no expectation” there is anyone living who could be prosecuted as a result of the inquiry.
Appellate court overturns dismissal of state’s lawsuits against TikTok
The Indiana Court of Appeals reversed a lower court’s dismissal of two complaints filed by the state against TikTok that alleged the California company had engaged in deceptive acts under Indiana’s Deceptive Consumer Sales Act.
Company seeking injunctive relief in Hamilton County after former exec goes to competitor
| IL Staff
A supply chain company with a Carmel office is seeking injunctive relief after it claimed one of its interest holders breached his contract by beginning employment with a competing company.
Opinions September 30, 2024
Indiana Court of Appeals
State of Indiana v. TikTok Inc., ByteDance Ltd., ByteDance Inc., and TikTok Pte. Ltd.
23A-PL-3110, 23A-PL-3111
Civil plenary. Affirms the Allen Superior Court’s dismissal of the State of Indiana’s complaints against foreign entities ByteDance, Ltd., ByteDance, Inc., and TikTok Pte., Ltd. for lack of personal jurisdiction. Reverses the trial court’s dismissal of the state’s amended complaint against TikTok Inc. Finds TikTok has purposefully invoked substantial contacts within Indiana, and the controversies at hand are related to those contacts and Indiana’s judiciary has specific personal jurisdiction over TikTok. Also finds TikTok’s business model of exchanging access to its content library for end-user personal data is a “consumer transaction” under Indiana’s Deceptive Consumer Sales Act. Finally, finds both of the state’s amended complaints also state a claim under the DCSA. Remands for further proceedings.
With Indiana’s next execution just 11 weeks away, clemency request is next move
Larry Komp, lead attorney for death row inmate Joseph Corcoran’s legal team, told the Indiana Capital Chronicle his client is seeking a last plea with a clemency petition, however. Komp said he plans to visit with Corcoran — who’s currently being held at the Indiana State Prison— and file the necessary paperwork this week.
Federal judge blocks police buffer zone law in media lawsuit
A federal judge late Friday blocked a law creating a 25-foot buffer zone around law enforcement officers during certain activities.
Retailers brace for potential pain from a longshoremen’s strike
A dockworkers’ strike is threatening to close ports on the East and Gulf coasts beginning this week. If 45,000 members of the International Longshoremen’s Association make good on their threat to strike, they could shut down 36 ports from Maine to Texas that handle about half the goods shipped into and out of the United States.
FBI to pay $22M to settle claims of sexual discrimination at training academy
The FBI has agreed to pay more than $22 million to settle a class-action lawsuit alleging female recruits were singled out for dismissal in training and routinely harassed by instructors with sexually charged comments about their breast size, false allegations of infidelity and the need to take contraception “to control their moods.”
Rokita requests execution date for murderer of Beech Grove police officer
This is the second death row inmate Indiana Attorney General Todd Rokita has sought an execution date for in recent months — ever since state officials ended their years-long struggle to secure a three-drug mix for executions and opted to use pentobarbital for lethal injections.
Retired Cohen & Malad partner suspended by Indiana Supreme Court
The court suspended Richard Malad’s law license, effective immediately, after he pleaded guilty Sept. 3 in Morgan Superior Court to operating a vehicle while intoxicated, a Level 6 felony.
Former Social Security employee sentenced to probation for pretending to work
| IL Staff
Authorities say the Westfield man engaged in a scheme by which he made it appear he was teleworking full-time for the Social Security Administration during workdays, when in reality he was earning income working as a home inspector for his personal business.
Opinions September 27, 2024
Indiana Court of Appeals
Mahari Mrach Oukbu and Nitsihiti Abraham v. Amazon, et. al.
24A-CT-254
Civil tort. Reverses the Hamilton Superior Court’s granting of judgment for Amazon and its conclusion that Amazon did not owe Mahari Oukbu a duty under Indiana law. Finds Oukbu’s complaint was sufficient to demonstrate that Amazon owed a duty of reasonable care to Oukbu, and that Amazon’s actions—or inactions—created a condition that made passage unsafe on the abutting public road. Also finds that the trial court erred in granting Amazon’s motion for judgment on the pleadings. Judge Paul Mathias concurs with a separate opinion.