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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.

Lawyer who owns Brown County’s Story Inn dies at 63

October 9, 2019 | IL Staff

Richard “Rick” Hofstetter, the lawyer-turned-businessman who operated the popular Story Inn in southern Brown County, died Oct. 1. He was 63.

Overhaul proposed for decades-old Medicare fraud rules

October 9, 2019 | Associated Press and IL Staff

The Trump administration on Wednesday proposed overhauling decades-old Medicare rules originally meant to deter fraud and abuse but now seen as a roadblock to coordinating better care for patients. Two former Indiana health care industry professionals are leading the proposed reforms.

Divided US Supreme Court weighs LGBT workers’ rights

October 9, 2019 | Associated Press

A seemingly divided Supreme Court struggled Tuesday over whether a landmark civil rights law protects LGBT people from discrimination in employment, with one conservative justice wondering if the court should take heed of “massive social upheaval” that could follow a ruling in their favor.

Indiana woman gets 5 years in killing, body-dumping case

October 9, 2019 | Associated Press

A woman who is one of five people charged in a torture-slaying has been sentenced to five years in prison.

Opinions Oct. 8, 2019

October 8, 2019

Indiana Supreme Court
Rodney W. Falls v. State of Indiana
19S-CR-557
Criminal. Grants transfer to reaffirm that a charge of stalking may be supported by conduct that is continuous in nature, even if it is a single episode. Finds that Rodney Falls’ conduct of following a college student by vehicle for more than two hours met the statutory definition of “continuing” harassment, thereby supporting his conviction in Kosciusko Superior Court of Level 6 felony stalking. Affirms the Indiana Court of Appeals’ opinion in all other respects.

Panelists urge counties to keep ‘open mind’ on pretrial release reform

October 8, 2019 | Olivia Covington

Stakeholders from around Indiana shared experiences and expectations regarding pretrial release reform as the entire state moves toward a system less reliant on cash bail beginning in January.

Justices affirm stalking conviction for driver who followed college student 70 miles

October 8, 2019 | Katie Stancombe

A man’s act of following a college student for more than two hours on U.S. Highway 30 from Valparaiso to Warsaw constituted stalking, Indiana Supreme Court justices affirmed Tuesday, finding his actions were continuous in nature.

Retired Marion Superior Judge Thomas Carroll dies

October 8, 2019 | IL Staff

Former Marion Superior Court judge Thomas “Tom” Carroll died Saturday after serving as a judge for nearly 31 years, according to the Indianapolis Bar Association.

COA on rehearing lets stand ruling setting aside tax deed

October 8, 2019 | Katie Stancombe

The Indiana Court of Appeals on Tuesday rejected multiple arguments regarding its prior decision involving the LaPorte County auditor’s failure to check records that would have revealed the address of a Michigan City property owner whose land was sold without notice for back taxes.

Patient’s claim her x-rays were wrongly shared reinstated

October 8, 2019 | Katie Stancombe

A Lake County woman whose medical records were unknowingly shared with her employer by a Community Hospital worker in Munster who took her x-rays has won a reversal of her dismissed complaint against the hospital.

Merrillville Town Court judge appointed to Lake Superior bench

October 8, 2019 | IL Staff

Merrillville Town Court Judge Gina L. Jones has been appointed to the Lake Superior Court, succeeding retiring Judge John Pera, who retired in June, Gov. Eric Holcomb announced Tuesday.

COA splits on admission of counselor records in child molesting case

October 8, 2019 | Katie Stancombe

An adoptive father’s child molesting conviction will stand, a divided appellate court determined Tuesday, disagreeing as to whether privileged records from a one-on-one counseling session with the victim should be admitted.

Indiana stores may profit from Michigan flavored vape ban

October 8, 2019 | Associated Press and IL Staff

Michigan’s ban on the sale of flavored electronic cigarettes could spur new business for vape shops along the state’s Indiana border, a clerk at a northern Indiana store said.

Mom sues Gary police in fatal shooting of son

October 8, 2019 | Associated Press

A federal lawsuit against a northwestern Indiana city accuses one of its police officers of killing a 25-year-old African-American man who it says posed no threat during a traffic stop.

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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

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

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

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