Supreme Court certifies another 50 senior judges for 2019
The Indiana Supreme Court has certified or re-certified 50 judicial officers as senior judges for the coming year.
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St. John man charged in Illinois woman’s hit-and-run death
A northwestern Indiana man has been charged in the hit-and-run death of a suburban Chicago woman.
Judge’s rebuke of Flynn upends sentencing, prolongs case
A federal judge who described himself as disgusted by Michael Flynn’s behavior upended a straightforward sentencing hearing Tuesday, postponing punishment for President Donald Trump’s first national security adviser and telling him in a stinging rebuke, “Arguably you sold your country out.”
Trump says he’s eager to sign sweeping criminal justice bill
The Senate passed a sweeping criminal justice bill Tuesday that addresses concerns that the nation’s war on drugs had led to the imprisonment of too many Americans for nonviolent crimes without adequately preparing them for their return to society.
Opinions Dec. 18, 2018
7th Circuit Court of Appeals
The Medical Protective Company of Fort Wayne, Indiana v. American International Specialty Lines Insurance Company, now known as AIG Specialty Insurance Company
18-1737
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division
Judge James T. Moody
Civil. Affirms Medical Protective Co. should have known that it was facing a potential claim. Reverses and remands grant of summary judgment in favor of AISLIC. Finds there is a genuine dispute of material fact as to whether MedPro should have settled with the Bramlett family for $200,000.
Indianapolis attorney Patrick dies in car crash
An Indianapolis attorney who spent several years in Tokyo before relocating to the Circle City to practice law died Sunday in a vehicle crash. Michael F.S. Patrick was 46.
Questions in med-mal case bring 7th Circuit reversal
A Fort Wayne medical malpractice insurance company got a reprieve from having to cover a multi-million verdict in a wrongful death lawsuit after the 7th Circuit Court of Appeals reversed the grant of summary judgment, finding too many questions are unanswered.
Wrongful death suit reinstated in IPS student’s murder
The Indiana Court of Appeals reinstated a wrongful death lawsuit against Indianapolis Public Schools when it found genuine issues of material fact as to Arlington Community High School’s duty to supervise its students after a teen’s murder nearby.
Indiana attorney charged with mail fraud still at large
Federal authorities are still searching for a former South Bend attorney who faces several charges of mail fraud stemming from his alleged involvement in an investment scheme that exploited elderly victims.
COA: Negligence claim rightly denied in fatal heart attack wreck
The Indiana Court of Appeals affirmed the grant of summary judgment to a man’s estate in a negligence lawsuit, finding his incapacity to drive due to a heart attack was not reasonably foreseeable.
Lawyer facing jail time for forgery, counterfeiting
A northern Indiana lawyer could be sentenced to nearly two years in jail after she pleaded guilty Tuesday to forging a judge’s name on a phony divorce decree and sending a bogus email bearing a deputy prosecutor’s name. Jill N. Holtzclaw of Decatur pleaded guilty to Level 6 felony counts of forgery and counterfeiting Tuesday in Adams Superior Court.
AG Hill in minority praising ruling against ACA mandate
Indiana Attorney General Curtis Hill spent Monday morning on cable television news channels applauding a federal court’s ruling that found the Affordable Care Act unconstitutional, but Republican leaders in Indiana remained silent.
Police probe Hamilton County Treasurer’s Office misconduct allegations
Indiana State Police are investigating an allegation that clerks in the Hamilton County Treasurer’s Office accepted past-due property payments from family members and county workers without charging late fees. The allegation was made by former employee Susan Byer in a wrongful termination suit filed last month against Hamilton County, treasurer Jennifer Templeton and deputy treasurer Kim Good.
15-month prison term for Porter Co. cop who stole from police group
The former treasurer of a Valparaiso police organization has been sentenced to 15 months in prison for stealing nearly $190,000. Lawrence LaFlower told a federal judge Monday that “everything revolved around gambling,” which is why he began embezzling money from Fraternal Order of Police Lodge 165 in Valparaiso.
S. Indiana man hears charges in chase that killed Charlestown officer
Benjamin Eads of Freedom appeared in court Monday in Scott County on charges including auto theft and resisting law enforcement, which led to a death. Authorities say Eads fled a traffic stop on Dec. 12, triggering a police chase during which Charlestown Officer Benton Bertram’s vehicle struck a tree. Bertram was pronounced dead at the scene.
Portage to pay $10K in police dog’s killing of dog
The city of Portage has agreed to pay $10,000 to the owners of a dog killed by a police dog that escaped from its handler. The dog, Bandit, was killed after a Portage police officer lost her grip on her Belgian Malinois police dog, Nyx's, leash during Portage’s Sept. 15 Bacon Fest.
Opinions Dec. 17, 2018
7th Circuit Court of Appeals
Gloria Terry v. Gary Community School Corporation
18-1270
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John E. Martin.
Civil. Affirms the district court’s grant of summary judgment in favor of Gary Community School Corporation against Gloria Terry’s claims of sex discrimination. Finds Terry did not provide evidence showing the district had a pretextual, discriminatory purpose for its actions in giving the principal position to a male candidate instead of her. Finds she was not discriminated against based on her sex, nor was she paid less in violation of Title VII and the Equal Pay Act.
ILAS pushing harder on holiday campaign
The Indianapolis Legal Aid Society has again kicked off its annual holiday campaign, the nonprofit’s major fundraiser that has undergone many tweaks and alterations in recent years but remains the primary source for unrestricted dollars.
DOC deliberate indifference claim remanded to district court
Finding it is reasonable to infer that a former unit manager at the Putnamville Correctional Facility knew an inmate was in danger from gang violence but did nothing, the 7th Circuit Court of Appeals reversed a grant of summary judgment and remanded the case to the Southern Indiana District Court.
Applicants sought to replace Lake Superior Judge Schneider
A Lake Superior Court judge will retire early next year, prompting the Lake County Judicial Nominating Commission to begin the process of selecting her replacement.