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Opinions Dec. 4, 2019

Indiana Court of Appeals
Joseph Hipps and Eugene Protz v. Biglari Holdings, Inc., Sardar Biglari, Philip L. Cooley, Ruth J. Person, Kenneth R. Cooper, James P. Mastrian, BH Merger Company, and NBHSA, Inc.
19A-CT-101
Civil tort. Affirms the Hamilton Superior Court’s grant of a motion to dismiss filed by Biglari Holdings, BH Merger Company, NBHSA Inc., Sardar Biglari and other members of the Biglari Holdings board of directors against. Finds the Hamilton Superior Court properly dismissed the shareholders’ complaint.

Tax Court finds assessment properly included land

| Marilyn Odendahl

A tenant leasing 31,000 square feet for the operation of five restaurants on the ground level of a parking garage owned by the city of Indianapolis found the Indiana Tax Court had no appetite for the argument that the lease included only the building and not the land underneath.

Phone sex operator wins partial victory on appeal

| Olivia Covington

A former phone sex operator who sued the government after she was allegedly fired from a National Guard volunteer position has won partial victory at the 7th Circuit Court of Appeals, which found that a book the woman wrote about her phone sex conversations was “clearly protected speech.”

Holcomb, labor officials insist Amazon death investigation handled properly

| Lindsey Erdody and Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb and the Indiana Department of Labor insist that the investigation into an Amazon employee’s death in 2017 was handled appropriately, even though the safety violations that were initially issued were eventually dismissed. Reveal, part of the not-for-profit Center for Investigative Reporting, recently highlighted the investigation as part of a report on […]

House report: Trump misused power, obstructed Congress

| Associated Press

President Donald Trump seriously misused the power of his office for personal political gain by seeking foreign intervention in the American election process and obstructed Congress by stonewalling efforts to investigate, a House report released Tuesday  concluded in findings that form the basis for possible impeachment.

Opinions Dec. 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.

Gary gun lawsuit to continue after transfer denial

| 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

| 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.

Madison Co. child welfare worker charged with neglect

| 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

| 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.