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Jury seated in first federal opioid trial, but settlement talks go on

October 18, 2019 | Associated Press

A jury was seated Thursday in Cleveland for the first federal trial on the opioid crisis, but the push to settle the case before opening arguments next week continued, with company officials expected to gather for further talks. Published reports said officials were negotiating a potential $50 billion settlement.

J&J agrees to $117M pelvic mesh device settlement

October 18, 2019 | Associated Press and IL Staff

Johnson & Johnson has agreed to a $117 million settlement with multiple states, including Indiana, over allegations it deceptively marketed its pelvic mesh products, which support women’s sagging pelvic organs.

 

10/25 – Special Education Law: Administrative Options within Article 7 (Indianapolis)

This CLE class will educate attorneys about the administrative options in Article 7, Indiana’s special education law. Contained within the law are processes for schools and families to settle disagreements with the Individualized Education Program (IEP) services and delivery. Speakers: •  Marcia Mahony, Kightlinger & Gray LLP •  Kevin McDowell Date: Friday, October 25, 2019 […]

Opinions Oct. 17, 2019

October 17, 2019

Indiana Court of Appeals
Kay Kim, et al. v. Village At Eagle Creek Homeowners Association, et al.
19A-SC-00970
Small claims. Reverses the Marion County Small Claims Court’s order dismissing Kay Kim and Charles Chuang’s action against the Village at Eagle Creek Homeowners Association, Inc. and Muhammed and Andleeb Javed. Finds the smalls claims court erred when it dismissed Kim and Chuang’s case for their refusal to attend mediation. Holds that small claims courts may not Remands further proceedings.

Prosecutor: Dealing resulting in death charge targets violence, addictions

October 17, 2019 | Olivia Covington

As Marion County files its first charge of drug dealing resulting in death, Prosecutor Ryan Mears said the new law is another tool to help combat violent crime and drug addiction across Indianapolis.

Divided COA dismisses negligence suit in fatal helicopter crash

October 17, 2019 | Katie Stancombe

A divided Indiana Court of Appeals panel ruled for three aerospace defendants in a negligence case brought by victims of a fatal helicopter crash that took place in Mississippi, finding Indiana has no personal jurisdiction in the matter.

Judgment for school, town affirmed in gang-rape case

October 17, 2019 | Katie Stancombe

A northern Indiana town and school corporation’s motion to dismiss a case stemming from an unreported gang rape was affirmed Thursday, with one appellate judge apologizing to the victim for being unable to find an ‘adequate remedy’ under current Indiana law.

Reversal: Small claims courts cannot order mediation, ADR

October 17, 2019 | Katie Stancombe

Parties cannot be ordered to participate in alternative dispute resolution in small claims proceedings, the Indiana Court of Appeals ruled Thursday, reinstating a dog-bite case that an Indianapolis judge had dismissed after litigants refused to participate in court-ordered mediation.

 

 

Adoption decree reversed over finding that mom’s consent not required

October 17, 2019 | Dave Stafford

The Indiana Court of Appeals on Thursday reversed and vacated an adoption petition for a 4-year-old Greene County child, finding the trial court erred in determining that the mother’s consent to the adoption by the child’s father and stepmother was not required.

Founder of Scotty’s restaurants says chain’s failure led to personal bankruptcy

October 17, 2019 | Susan Orr, Indianapolis Business Journal and Indianapolis Business Journal Staff

Scott Wise, the founder and former owner of the Scotty’s Brewhouse chain, has filed for personal bankruptcy — a situation he says was brought on by the failure of his former business.

Congress backs naming Indianapolis post office for Lugar

October 17, 2019 | Associated Press

The naming of a downtown Indianapolis post office in honor of the late former U.S. Sen. Richard Lugar has now been approved by both houses of Congress.

 

Indiana woman’s trial for 3 bus stop deaths gets underway

October 17, 2019 | Associated Press

Testimony is underway in the trial of a northern Indiana woman who allegedly killed three children by striking them with a pickup truck as they crossed a two-lane state highway to board a school bus.

Lake County hospital system notifying patients after data breach

October 17, 2019 | Associated Press

A northwestern Indiana hospital system is warning more than 68,000 patients that their personal information, including Social Security numbers and health records, may have been exposed during a data breach.

Suit seeks to ban Indiana voting machines lacking paper trail

October 17, 2019 | Dave Stafford

A lawsuit being filed in Indianapolis on Thursday will ask a federal court to decertify voting machines in the state before the 2020 election that do not provide a voter-verified paper trail. The suit says about 58 of Indiana’s 92 counties continue to use machines at the polls that lack a paper trail and are therefore not sufficiently secure.

Opinions Oct. 16, 2019

October 16, 2019

Indiana Court of Appeals
Anthony M. Galloway v. State of Indiana (mem. dec.)
18A-CR-2954
Criminal. Affirms the Madison Circuit Court’s denial of Anthony Galloway’s motion to suppress evidence. Finds the warrantless search of Galloway’s car comported with the dictates of Article 1, Section 11 of the Indiana Constitution. Also finds the trial court did not err in denying Galloway’s motion to suppress the evidence seized in the search.

Justices grant transfer in stalking, duty of care cases

October 16, 2019 | IL Staff

Indiana Supreme Court justices declined to hear oral arguments in 13 cases last week but agreed to hear two cases involving duty of care and stalking.

Battery convictions upheld for man who shot neighbor with nail gun

October 16, 2019 | Katie Stancombe

A man who bound his neighbors with zip ties, accused them of being police informants and shot one victim several times with a nail gun did not convince the Indiana Court of Appeals that his battery convictions constituted double jeopardy.

Marion County files first charge of drug dealing resulting in death

October 16, 2019 | Olivia Covington

For the first time in Marion County, a suspected drug dealer has been charged under a new law criminalizing dealing that leads to a drug user’s death.

AG Hill tries barring testimony against him

October 16, 2019 | Associated Press and IL Staff

Indiana Attorney General Curtis Hill is trying to block two women from testifying about allegations of sexual misconduct as he faces a disciplinary hearing on separate claims that he drunkenly groped four women at a bar last year.

AG Hill’s top advisers compelled to produce evidence in discipline case

October 16, 2019 | IL Staff

Two of Indiana Attorney General Curtis Hill’s top advisers must produce documents concerning their communications with him regarding the groping and sexual misconduct accusations that led to his attorney discipline hearings, scheduled to begin next week.

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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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