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After SCOTUS ruling, 7th Circuit denies compulsory fees refund to non-union member

November 6, 2019 | Olivia Covington

Despite a Supreme Court ruling making mandatory union fees for non-member public employees illegal, the 7th Circuit Court of Appeals has declined to award a fee refund to the named plaintiff in a landmark labor law case.

Reversal: COA reinstates negligence action against school district

November 6, 2019 | Katie Stancombe

The Indiana Court of Appeals has reinstated a man’s negligence claim against a school corporation after one of its school buses collided with the man’s vehicle, leaving him injured.

Justices struggle with copyright case involving Blackbeard’s pirate ship

November 6, 2019 | Associated Press

The Supreme Court is wrestling with a modern-day dispute involving the pirate Blackbeard’s ship that went down off North Carolina’s coast more than 300 years ago. The justices on Tuesday heard arguments in a copyright case over photos and videos that document the recovery of the Queen Anne’s Revenge, discovered in 1996.

Indiana post office worker gets 90 months in prison for robbery

November 6, 2019 | Associated Press

A Postal Service employee convicted of plotting an armed robbery at a Gary post office has been sentenced to more than seven years in prison. Tanisha Banks of Merrillville appeared in federal court Tuesday, one of three people convicted in the 2017 robbery.

Democratic mayors win reelection in Indianapolis, Fort Wayne

November 6, 2019 | Associated Press

The Democratic mayors of Indianapolis and Fort Wayne cruised to big victories in Tuesday’s local elections, denying Republicans their hopes of capturing leadership in either of Indiana’s largest cities.

Harrison home as polling site sets national example

November 5, 2019 | Marilyn Odendahl

It is fitting that a spot where hundreds of thousands of people once gathered to hear a Hoosier candidate for the White House speak is now a place where Marion County voters can cast their ballots. The Benjamin Harrison Presidential Site opened its doors early Tuesday to help facilitate the fundamental activity of representational democracy.

ABA legal tech report sees drop in attorneys pursuing cloud cybersecurity measures

November 5, 2019 | IL Staff

Concerns about how attorneys are addressing cybersecurity in their use of cloud services was detailed in a recent legal technology report from the American Bar Association Legal Technology Resource Center.

Indiana abandonment case gag order now includes adopted girl

November 5, 2019 | Associated Press

A judge has expanded a gag order in the case of a couple accused of abandoning their adopted daughter in Indiana and moving to Canada.

Southern District to adopt rule amendments Dec. 1

November 5, 2019 | IL Staff

Proposed changes to local rules of the U.S. District Court for the Southern District of Indiana have been approved and will go into effect next month.

Indiana leads amicus brief defending Ohio Down syndrome abortion statute

November 5, 2019 | IL Staff

A split federal appeals court has upheld an injunction against an Ohio law prohibiting abortions based on a fetus having Down syndrome, prompting the Indiana Attorney General’s Office to file an amicus brief in support of the neighboring state.

Late Judge McKinney honored in anniversary celebration

November 5, 2019 | Marilyn Odendahl

In honor of the 10th anniversary of its federal courthouse in Terre Haute, the U.S. District Court for the Southern District of Indiana has hung the portrait of the man who was key to getting the judicial outpost built and who devoted great effort to helping former federal inmates re-enter society: the late Judge Larry J. McKinney.

Michigan City mayor facing felony charges amid reelection bid

November 5, 2019 | Olivia Covington

The 2019 Michigan City mayoral election is facing a controversial legal undercurrent as felony charges remain pending against Mayor Ron Meer. But as the LaPorte County court system searches for a judge who can take the case, Meer is alleging an “untenable conflict of interest” and possible political motivations should remove the proceedings from the LaPorte County Prosecutor’s Office.

Indiana city faces records lawsuit after counselor’s opinion

November 5, 2019 | Associated Press

Three southern Indiana residents are suing the city of New Albany for allegedly failing to fulfill their public records requests. The Floyd County lawsuit comes after Indiana’s Public Access Counselor, Luke Britt, found that New Albany had violated Indiana’s public records law. 

Voters deciding Indiana mayoral races, fate of new casino

November 5, 2019 | Associated Press

Voters across Indiana are casting the final ballots to decide who will fill dozens of mayoral offices, with Republicans and Democrats wrapping up competitive campaigns in several cities.

12/12 – Election Security Under Attack: How Vulnerable is Indiana? (Indianapolis)

Panelists include: • Susannah Goodman, Director of Election Security at Common Cause • Bill Groth, Indianapolis attorney and election law expert • Greg Shufeldt, Assistant Professor of Political Science at Butler University Date: Thursday, December 12, 2019 Time (local time): 11:00 am – 1:15 pm Credit hours: 2.2 CLE Cost: $75 Click here to register. […]

Opinions Nov. 4, 2019

November 4, 2019

Indiana Court of Appeals
Johnathan Olson and Austin J. Mahoney v. State of Indiana
19A-CR-773
Criminal. Affirms the Vigo Superior Court’s denial of Johnathan Olson and Austin Mahoney’s motion to dismiss the Level 2 felony robbery charges against them. Finds the trial court did not err when it denied Olson’s and Mahoney’s motions to dismiss the robbery charges. Also finds the state is not barred from prosecuting them for robbery.

Federal judges share experiences of judicial nomination, appointments

November 4, 2019 | Katie Stancombe

Several judges spoke candidly about their personal judicial nomination experiences on Friday in honor of the U.S. District Court for the Southern District of Indiana’s 12th annual court history and continuing legal education symposium.

COA affirms teens’ robbery charges

November 4, 2019 | Katie Stancombe

The Indiana Court of Appeals on Monday affirmed the denial of two teens’ motions to dismiss their felony robbery charges after they allegedly stole from a mini mart and battered an employee who tried to stop them.

Appeals court agrees Trump tax returns can be turned over

November 4, 2019 | Associated Press

A federal appeals court in New York says President Donald Trump’s tax returns can be turned over to state criminal investigators.

Fraudster Durham wins hearing on whether lawyer’s $1M fee created conflict

November 4, 2019 | Dave Stafford

Fair Finance fraud felon Tim Durham will get a chance to grill his former trial attorney over whether his $1 million wire fraud defense representation fee created a conflict of interest between money the lawyer could pocket versus paying for witnesses Durham claims could have testified in his favor. A federal judge recently granted a new hearing on that and other grounds as Durham seeks to chisel away at his 50-year prison sentence.

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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

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

  • Marion County judge blocks state’s near-total abortion ban in religious freedom case

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