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Opinions September 12, 2024

September 12, 2024

The following opinion was published after IL’s deadline Wednesday:
7th Circuit Court of Appeals
Rene Galvan, Jr. v. State of Indiana and Joanie Crum, Regional Manager, in her official and individual capacities
22-2462
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker. Affirms the district court’s granting of summary judgment in favor of the State of Indiana and Joanie Crum against claims alleged by Rene Galvan, Jr. that he was terminated from employment based on his race and sex and was retaliated against based on his complaints of discrimination. Finds the record reveals complaints regarding Galvan’s job performance by third parties who interacted with him, and he has not argued that those complainants themselves possessed any discriminatory motive. Also finds Galvan has failed to identify any other circumstantial evidence in the record that, considered in the totality of the record as a whole, would support an inference of race or sex discrimination.

Indiana Supreme Court orders interim suspension for Hammond attorney

September 12, 2024 | IL Staff

The Indiana Supreme Court ordered an emergency interim suspension, effective Sept. 25, for a Hammond attorney.

Polling data shows growth in support for AG candidate Wells, dissatisfaction with Rokita

September 12, 2024 | IL Staff

Support for Democratic attorney general candidate Destiny Wells appears to be growing, as voters express an increased dissatisfaction with incumbent Todd Rokita, according to polling data from the Indiana for Wells campaign.

28 apply for Marion Co. judicial vacancies

September 12, 2024 | IL Staff

The Marion County Judicial Selection Committee has begun the process of selecting two new superior court judges due to upcoming retirements.

Investigators probe Indiana plane crash that killed pilot, 82

September 12, 2024 | Associated Press

The pilot, David Michael Province of Middletown, was pronounced dead at the scene. He was the plane’s only occupant.

Treasury proposes rule to prevent large corporations from evading income taxes

September 12, 2024 | Associated Press

Treasury’s proposed rule will be open for comment until Dec. 12, the department said, and there will be a proposed hearing on the rule Jan. 16.

Democratic gubernatorial nominee lays out marijuana legalization plan

September 12, 2024 | Indiana Capital Chronicle

If elected governor, Democrat Jennifer McCormick would work to establish a medical marijuana industry before transitioning to full adult-use cannabis, she said Thursday.

Execution date set for Allen Co. murderer

September 11, 2024 | Alexa Shrake

The Indiana Supreme Court set the date for inmate Joseph E. Corcoran’s death Wednesday.

Porter Co. Judge deployed for military service, judge pro tempore appointed

September 11, 2024 | IL Staff

The Indiana Supreme Court appointed a Judge Pro Tempore in Porter County Tuesday as superior court Judge Michael A. Fish is being deployed for military service.

Lafayette-based company to pay $462M for 2019 crash that killed two 

September 11, 2024 | IL Staff

A Lafayette-based trailer manufacturing company must pay $462 million to the families of two men killed in a 2019 crash involving one of the company’s trailers.  

fees

Opinions September 11, 2024

September 11, 2024

Indiana Court of Appeals
Brookston Resources, Inc., an Illinois Corporation v. State of Indiana Department of Natural Resources
23A-MI-2971
Miscellaneous. Affirms the Spencer Circuit Court’s denial of Brookston Resources’ petition for judicial review regarding Indiana notices of violation issued by the Indiana Department of Natural Resources regarding three of Brookston’s oil wells. Finds that the relevant statutes and regulations allow the department to conduct file reviews of the wells at issue every five years, and those file reviews include a consideration of the abandoned wells. Also finds as Brookston never obtained injection authorization regarding its wells, any change in the injection rate as a result of the file review would not amount to a modification of the permit. Finally, finds the department’s determination that the abandoned wells have the potential to cause or contribute to the migration of injection fluids into underground sources of drinking water due to inadequate construction or plugging is supported by substantial evidence.

Monroe Circuit Court denies permanent injunction against state’s abortion law

September 11, 2024 | Alexa Shrake

The Monroe Circuit Court denied a motion Wednesday morning for a permanent injunction against Indiana’s near-total ban on abortion.

Key witness in trial of FTX founder Sam Bankman-Fried seeks no prison time at upcoming sentencing

September 11, 2024 | Associated Press

Lawyers for Ellison made the request shortly before midnight Tuesday in a filing in Manhattan federal court in advance of a sentencing scheduled for Sept. 24.

New CIA workplace assault case emerges as spy agency shields extent of sexual misconduct in ranks

September 11, 2024 | Associated Press

At an impromptu party in the office to celebrate his 50th birthday, a veteran CIA officer got drunk, reached up a colleague’s skirt and forcibly kissed her in front of stunned co-workers, prosecutors alleged in the latest case of sexual misconduct to spill from the spy agency into a public court.

 

Sexual assault survivors urge lawmakers to end statute of limitations, codify ‘bill of rights’

September 11, 2024 | Indiana Capital Chronicle

Several Hoosier women on Tuesday detailed horrific cases of rape and child molestation as they asked lawmakers to take up legislation ending the statute of limitations for some sexual assault offenses.

Turning challenges into opportunities

September 11, 2024 | Alexa Shrake

Hailing from northern Indiana, Indiana State Bar Association incoming president Michael Jasaitis said the idea of a career in law came to him after getting to know an attorney in high school.

Embrace the ironies: wellness pairings to consider

September 11, 2024 | Cynthia A. Baker

These days, well-intentioned advice on well-being can present oxymoronic goals. Ironically, even wellness messages can be stressful.

Law aims to help early readers

September 11, 2024 | Daniel Carson

Proponents and critics of a new Indiana law crafted to boost reading proficiency at an early age agree on that basic principle.

Local organizations supporting social workers in the Hoosier state

September 11, 2024 | Maura Johnson

Indiana social work leaders say that while the need for more professionals isn’t dire, additional work still needs to be done to keep the profession well-staffed and supported.

ISBA Annual Summit to focus on attorney shortage

September 11, 2024 | Alexa Shrake

The Indiana State Bar Association is gearing up for its annual summit next month with a focus on the state’s attorney shortage.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • ‘Get involved.’ Indiana judges, attorneys offer advice for new lawyers

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • List of new Indiana laws approved this year

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