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Attorney General Barr’s visit to Notre Dame to be greeted by blowing whistles

October 10, 2019 | IL Staff

U.S. Attorney General William Barr is scheduled to speak to Notre Dame Law School students Friday as he finds himself facing questions about his role in President Donald Trump’s outreach to Ukraine and the administration’s attempt to keep a whistleblower complaint from Congress. Protesters vow to show up with whistles ready.

Denial of last-minute habitual offender amendment upheld in triple-fatal

October 10, 2019 | Dave Stafford

A trial court’s denial of the state’s motion to amend the habitual offender charging information against a defendant hours before his scheduled trial date was upheld Thursday. The case involves a crash that killed three people after the suspect allegedly fled Evansville police.

Carmel-based fraternity foundation official accused of embezzling $450K

October 10, 2019 | IL Staff

The former financial coordinator of a charitable foundation operated by Carmel-based women’s fraternity Zeta Tau Alpha has been charged in federal court with eight counts of wire fraud, accused of embezzling about $450,000 from the organization.

Medicaid lawsuits headed to D.C. appellate court

October 10, 2019 | Marilyn Odendahl

Two lawsuits similar to the one filed against Indiana’s plan to impose new restrictions and work requirements on Medicaid recipients are scheduled for oral arguments Friday in the U.S. Court of Appeals for the District of Columbia.

Opinions Oct. 10, 2019

October 10, 2019

Indiana Court of Appeals
State of Indiana v. Frederick Obryan McFarland
18A-CR-2408
Criminal. Affirms the Vanderburgh Superior Court’s denial of the state’s motion to amend the habitual offender charging information against Frederick McFarland filed three calendar days before his trial on multiple charges related to a fatal car crash allegedly cause after McFarland fled an attempted traffic stop. Finds no abuse of discretion in the trial court’s ruling.

Surgeon loses malpractice appeal in amputation case

October 10, 2019 | Katie Stancombe

A northern Indiana orthopedic surgeon has lost his appeal in a medical negligence case brought by a patient who continued to experience pain in his hand following a finger amputation.

COA reverses judgment for bank in credit card debt appeal

October 10, 2019 | Katie Stancombe

A bank has failed to prove that one of its customers is thousands of dollars behind on her credit card payments, the Indiana Court of Appeals ruled Thursday.

Florida men tied to Giuliani arrested on campaign charges

October 10, 2019 | Associated Press

Two businessmen tied to efforts by President Donald Trump’s lawyer to get Ukraine to investigate former Vice President Joe Biden and his son were charged Thursday with campaign finance violations in the U.S. The charges relate to a $325,000 donation to a political action committee supporting Trump’s re-election.

Federal agents shut down Indianapolis gun dealer, seize more than 300 firearms

October 10, 2019 | IL Staff

ATF and local law enforcement agents shut down an Indianapolis gun dealer accused of being operated by a felon banned from possessing or selling firearms. Authorities seized about 390 firearms Tuesday after the dealer’s operator was previously charged with violating federal firearms law.

Indianapolis man gets 53 years for murder of 1-year-old girl

October 10, 2019 | Associated Press

An Indianapolis man has been sentenced to 53 years in prison for the fatal shooting of a 1-year-old girl and the wounding of her 19-year-old aunt.

Judge won’t dismiss case on wages of immigrant detainees

October 10, 2019

Washington state’s effort to force a privately run immigration jail to pay its detainees minimum wage for work they perform can continue after all, a federal judge in Tacoma ruled Wednesday.

Officer who resigned amid racial bias claims hired in Jeffersonville

October 10, 2019 | Associated Press

A white Kentucky police officer who resigned amid allegations of racial bias has now been hired as an officer at a department in southern Indiana.

Officials find more fetal remains connected to late abortion doctor

October 10, 2019 | Associated Press

Authorities in Illinois discovered additional fetal remains Wednesday stashed in a car that had belonged to a doctor who performed abortions in Indiana, a month after his death led to the discovery of more than 2,200 other sets of remains in his garage.

Sentence enhancement upheld in child sexual exploitation case

October 9, 2019 | Katie Stancombe

A man convicted of sexually exploiting a minor couldn’t convince the 7th Circuit Court of Appeals Wednesday that an enhancement to his sentence was not triggered by his prior state convictions for possession of child pornography.

Opinions Oct. 9, 2019

October 9, 2019

7th Circuit Court of Appeals
Alejandro Yeatts v. Zimmer Biomet Holdings, Inc.
19-1269
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Magistrate Judge Michael Gotsch, Sr.
Civil. Affirms the Northern District Court’s denial of Alejandro Yeatts’ motion for partial summary judgment against Zimmer Biomet Holdings, Inc. Finds statements provided by Biomet that Yeatts was suspended in connection with a corruption investigation against Biomet is not actionable defamation. Also finds Yeatts’ inability to prove the statement false demonstrates that it is a statement of opinion, beyond the reach of defamation law.

Mental health services center to open next year as first facility at justice center

October 9, 2019 | Lindsey Erdody and Indianapolis Business Journal Staff

A mental health services and addiction-treatment center planned for the city’s new Community Justice Campus will open years ahead of the new jail and courthouse facilities, Indianapolis Mayor Joe Hogsett announced Wednesday.

Placement of juvenile in DOC stands after appeal

October 9, 2019 | Katie Stancombe

A teenager now under the wardship of the Indiana Department of Correction lost arguments Wednesday that the decision to declare him a ward of the DOC was an abuse of discretion.

Indiana Lawyer Corporate Counsel Guide seeks submissions

October 9, 2019 | IL Staff

Corporate counsel, general counsel and attorneys representing entities of all kinds may now submit their information for the 2020 Corporate Counsel Guide, Indiana Lawyer’s exclusive annual directory of attorneys representing corporations, small businesses, nonprofits, government agencies and other organizations.

Reversal: Bank loses in lengthy foreclosure battle

October 9, 2019 | Katie Stancombe

The Indiana Court of Appeals reversed judgment awarded to a bank against a former homeowner who filed for bankruptcy, finding that because the man had been discharged of any liability on the mortgage, the judgment was in error.

7th Circuit: Corruption concerns regarding ex-Biomet employee not defamation 

October 9, 2019 | Katie Stancombe

A former Biomet employee has lost his argument before the 7th Circuit Court of Appeals that he was defamed by his former employer when it included his name in a list for the Department of Justice as part of a corruption investigation.

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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

  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Midwest firm accuses former partners of orchestrating mass staff exodus

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